Madras High Court: In a writ petition filed seeking issuance of a writ of Mandamus directing the police not to interfere with the running of Siddha Clinic by the petitioner at Kottara Street, B. Pugalendhi, J, said that it is clear that the petitioner is making a claim based on a forged certificate. Even if the certificate is legitimate, the petitioner cannot still practice Siddha Medicine, as it is not for practicing. Thus, the Court denied granting any relief to the petitioner. Further, it directed the Inspector of Police to proceed further with the investigation and take appropriate action, in accordance with the law.
The petitioner, claiming to be a Doctor practising Siddha Medicine in the strength of a Diploma Certificate issued by the Tamil University, Tanjore, has approached the Court that the Police is harassing him for practising Siddha Medicine by running a clinic. Therefore, he sought directions against the Police not to harass him / interfere with the running of his Siddha Clinic.
The grievance of the petitioner is that he is practising Siddha Medicine for the welfare of the public, without involving any Allopathy Medicine. However, he is subjected to continuous harassment and threat at the instance of the Allopathy Doctors, who are intending to prevent the petitioner from practising Siddha Medicine
The Court noted that the said Certificate was issued under the seal of the Tamil University, Tanjore, signed by the Registrar and the Vice Chancellor. An endorsement was also available that the certificate is not amenable to Government Service or Jobs.
The petitioner argued that since he was successful in Siddha Medicine, those who are practising Allopathy Medicine foisted false complaints against him in 2010, wherein he was acquitted. Thereafter, at the instance of the Health Inspector, again a criminal case was foisted against him, as if he was using Allopathy Medicine and Syringe for injection. Based on this complaint, another case was registered, wherein he was arrested and thereafter, enlarged on bail.
In the previous order, the Court suo-motu impleaded the Registrar of Tamil University and raised few queries. Further the Police were directed to file a status report, as a Public Interest Litigation was filed as against the Diploma in Siddha Medicine course conducted by the Tamil University and the First Bench of this Court disposed of the said writ petition in 2008, holding that the Tamil University cannot conduct a Diploma in Siddha Medicine, as it does not have the required faculty to teach. The First Bench has also held that after the enactment of Tamil Nadu Dr.MGR Medical University Act, 1987, no University, other than Dr.MGR Medical University, can conduct any course in Siddha without permission. Therefore, on and from 13-10-2008, this Court has restrained the Tamil University, Thanjavur, from conducting any course of Diploma in Siddha Medicine.
After perusing the status report, the Court observed that its mentioned that the certificate of Diploma in Siddha Medicine submitted by the petitioner was a fake and therefore, the offence has been altered into Sections 419, 420, 465, 468, 471 of Penal Code, 1860 read with Section 15/12(2) of the Tamil Nadu Medical Council Act, 1973.
Registrar of Tamil University submitted that the course offered by the University was only a Diploma Course to provide awareness about Siddha Medicine among the public and it is not for practising Siddha Medicine. He further submitted that the petitioner has enrolled in the Diploma Course and also cleared the exam. However, he did not obtain the certificate from the University, as per the certificate issuance register. He further submitted that the Certificate enclosed by the petitioner in the typedset of papers is a forged one with certain editing.
The Court reiterated that the case against the petitioner was that he was practicing Allopathy medicines without proper qualification. The petitioner, on the other hand, disputed the same and claimed that he is practicing Siddha Medicine only and that he is duly qualified to do so, based on the certificate obtained in Diploma in Siddha Medicine course from the Tamil University, Thanjavur.
After considering the Registrar’s submissions, the Court said that it is clear that the petitioner is making a claim based on a forged certificate. Even if the certificate is legitimate, the petitioner cannot still practice Siddha Medicine, as it is not for practicing.
Therefore, the Court denied granting any relief to the petitioner. Further, it directed the Inspector of Police to proceed further with the investigation and take appropriate action, in accordance with the law.
The Court acknowledged that certificates were issued stating that candidates had been admitted to the Diploma in Siddha Medicine and had qualified with either first or second class. It expressed concern that if any of these students were practicing Siddha Medicine using these certificates, it could have serious negative repercussions on society, particularly considering existing issues with quack practitioners. Consequently, the Court directed the State and Director General of Police, in coordination with Tamil University, to ensure that no individual practices Siddha Medicine in the state using the Diploma in Siddha Medicine certificates issued by the university.
The Court scheduled the matter for reporting compliance on 27-01-2025.
[K.Jayakumar v. State of Tamil Nadu, 2024 SCC OnLine Mad 5942, decided on 24-10-2024]
Advocates who appeared in this case :
For Petitioner: Mr.A.Arun Prasad
For Respondents: Mr.P.Kottai Chamy, Government Advocate (Crl. Side) , Mr.C.Arul Vadivel
Buy Penal Code, 1860 HERE
