M.Katju, J. - (1.) This special appeal has been filed against the order of the learned single Judge, dated 29.4.2004.
(2.) We have heard learned counsel for the parties.
(3.) In D.K. Joshi v. State of U.P., 2000 (3) AWC 1845 (SC) : (2000) 5 SCC 80, it was brought to the notice of the Supreme Court that unqualified and unregistered persons are carrying on medical profession in the State of U. P. The Supreme Court was distressed to note that inspite of the direction to the U. P. Government to check this malpractice the District Magistrates 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 unauthorised 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 issued several directions in para 6 of the said Judgment to stop the carrying on of the medical profession in U. P. by 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 filed by the Secretary all unqualified/ unregistered medical practitioners and to initiate 'legal action against these persons immediately ; (ii) All District Magistrates and the Chief Medical Officers shall monitor the legal proceedings, initiated against such persons ; (iii) The Secretary, Health and Family Welfare Department, U. P., shall give due publicity of ' 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 unauthorised persons cannot pursue the medical profession in the State.";