M.Katju, J. - (1.) THIS case reveals the wide spread malpractices which are going on in the State of U. P. regarding medical practice by unauthorized persons (quacks) who often have bogus degrees/certificates from bogus/fictitious so called medical colleges in various parts of the country.
(2.) THIS appeal has been filed against the order of the learned single Judge dated 28.1.2004. We have heard learned counsel for the parties and have perused the said order in great detail. The impugned order of the learned single Judge reveals the great concern of the learned single Judge about the alarming and widespread malpractice prevailing in the State of Uttar Pradesh in the medical field. In fact the matter had come up before the Supreme Court in D. K. Joshi v. State of U. P., 2000 (3) AWC 1845 (SC) : (2000) 5 SCC 80. Copy of the said judgment has been filed as Annexure-1 to the special appeal. In that case it was brought to the notice of the Supreme Court that unqualified persons are carrying on medical profession in the State of Uttar Pradesh. The Supreme Court was distressed to note that inspite of the direction to the U. P. Government to check this malpractice the District Magistrate and the Chief Medical Officers in the State had not taken effective steps to stop this menace which is hazardous to human life. The Chief Medical Officers only forwarded the names of the unauthorized medical practitioners to the District Magistrates but no follow up action was taken. It was also noted that after being warned the unqualified/ unregistered doctors have shifted to neighbouring districts. The Supreme Court therefore, issued several directions in paragraph 6 of the said judgment to stop the carrying on of medical profession in U. P. by the unqualified/unregistered persons and in addition to take the following steps : (i) All District Magistrates and the Chief Medical Officers of the State shall be directed to identify, within a time-limit to be fixed by the Secretary, all unqualified/ unregistered medical practitioners and to initiate legal actions against these persons immediately ; (ii) Direct all the District Magistrates and the Chief Medical Officers to monitor all legal proceedings initiated against such persons ; (iii) The Secretary, Health and Family Welfare Department shall give due publicity to the names of such unqualified/ unregistered medical practitioners so that people do not approach such persons for medical treatment ; (iv) The Secretary, Health and Family Welfare Department shall monitor the actions taken by all District Magistrates and all Chief Medical Officers of the State and issue necessary directions from time to time to these officers so that such unauthorized persons cannot pursue their medical profession in the State. It appears that thereafter a contempt petition was moved before the Supreme Court alleging that the directions of the Court have not been complied with. By its order dated 8.10.2001 the contempt petition was dismissed with the direction that petitioner should move the High Court for the relief sought for. The petitioner then filed Contempt Petition No. 820 of 2002 in which notices were issued to the respondents namely Chief Secretary, U. P. Secretary Health and Family Welfare, District Magistrate, Meerut and Chief Medical Officer, Meerut. Other authorities were also impleaded as parties and were required to take action. The successive Principal Secretaries, Medical Health, U. P. have filed their affidavits including the action taken and the reports of the Chief Medical Officers, The Court also directed the Director General of Police to submit his report.
(3.) DURING the pendency of the contempt petition the Court also directed inspection of the Community Health Centre at Koraon and Shankergarh, district Allahabad to verify the complaints regarding unauthorized practitioners. In the report submitted by the Director, Medical Health, U. P., it was stated that the Community Health Centre are not providing adequate medical care which was almost absent in the rural areas. The Doctor are not attending their duties and the medical equipments are either not available or are non-functional. The para medical staff is wholly insensitive. Some doctors managing long tenures at their postings have entered into a close nexus with unauthorized practitioners. The Medical Council of India was also impleaded and it filed its affidavit. Relevant extract of the affidavit has been quoted by the learned single Judge in his order. The learned single Judge after considering the matter in detail issued the following directives : "(1) All the Hospitals, Nursing Homes, Maternity Homes, Medical Clinics, Private Practitioners, practicing medicine and offering medical and health care services, Pathology Labs, Diagnostic Clinics, whether run privately or by Firms, Societies Trusts, Private Limited or Public Limited Companies in the State, shall register themselves with the Chief Medical Officer of the district where these establishments are situate, giving full details of the medical facilities offered at these establishments, the names of the registered and authorized medical personnel practicing, employed or engaged by them, their qualifications with proof of their registrations, the Para Medical staff employed or engaged and their qualifications on a form (for each category) prescribed by the Principal Secretary, Medical Health and Family Welfare, Government of U. P. The prescribed proforma with true and accurate information shall be submitted supported by an affidavit of the person providing such medical services or the person in-charge of such establishment sworn before a Notary Public. The required information shall be submitted for registration by all these persons on or before 30.4.2004. (2) The Principal Secretary, Medical Health and Family Welfare, U. P. shall publish the information requiring all these persons to obtain registrations along with the directions given in this order, and the prescribed proforma, in all leading newspapers of the State at least three times in the months of February, 2004. (3) Any change or addition in the particulars submitted shall be notified within thirty days and the registrations shall be renewed every year before 30th April of the year. (4) On and from 1.5.2004, all those persons who have not furnished the information and obtained registration with the Chief Medical Officers of the district, shall be taken to be practicing unauthorisedly and the Chief Medical Officers, shall scrutinize and forthwith report the matter to the Superintendent/ Senior Superintendent of Police of the district with information to this Court, to conduct raids and to seal the unauthorized premises/establishments. All the authorized person/ establishments, who fail to obtain registration, will have liberty to apply only to this Court to explain the delay and to seek permission to continue with their medical practice/ profession. (5) All those medical practitioners who desire to offer medical services in the State, in future, shall be required to submit the details in the aforesaid proforma for registration as above with the Chief Medical Officer of the district before they start medical practice. (6) All the institutions/ establishments/ colleges awarding medical degrees in the State shall apply and get themselves registered with the Principal Secretary, Medical Health and Family Welfare, U. P., with full particulars of their authorization to confer such degrees/certificates, on or before 30.4.2004. (7) The newspapers and magazines, published in Uttar Pradesh are restrained from publishing advertisements by and from unauthorized medical practitioners, publishing their claims of quick and magic remedies. They shall require these persons to give proof of the qualifications and registrations. The breach shall be taken to aid and abet illegal activities violative of Magic Remedies (Objectionable Advertisement) Act, 1954 and other relevant legislations. (8) The Principal Secretary, Medical Health and Family Welfare, is directed, to ensure that no medical officer in the Government service is posted beyond three years in any district and that all para medical staff serving in the Primary Health Centre/ Community Health Centre/ District Hospitals and other hospitals run by Government of U. P. for more than five years, shall be transferred from the Centre/Hospital. Any doctor in employment of State Government offering their services to the unauthorized medical practitioners shall face immediate disciplinary action by the State Government, and shall be prosecuted for aiding and abetting such unauthorized practice." ;