Observing that a man running an allopathy clinic without qualification was endangering the life of innocent citizens, The Delhi High Court has allowed an appeal filed by the Delhi Medical Council (DMC) against a trial court order.
It allowed the DMC’s appeal challenging a trial court’s 2017 order dismissing “in default” its complaint against the man for non-appearance and non-prosecution.
“I am of the view that the appeal needs to be allowed. The allegations against the respondent (man) are of very serious nature. The respondent, despite not having requisite medical qualification is indulging in allopathic form of medical practice and endangering the life of innocent citizens,” Justice Jasmeet Singh said.
The high court noted neither the man has responded to the show cause notice of the DMC, nor has he supplied it any document in support of his qualifications.
“The appellant (DMC) has taken action in accordance with law but the same on account of non prosecution has tantamounted to giving the respondent a clean chit. The complaint of the appellant is required to be tried and adjudicated on merits as the denial of the same will permit the respondent to carry on with his allopathic form of medical practice, which according to the appellant’s complaint, the respondent is unqualified to do,” it said.
The high court set aside the trial court’s order and restored the complaint of DMC, and said it shall now be proceeded with in accordance with law.
It directed the SHO concerned to ensure the man does not practise allopathic form of medicine till he appears before the magistrate who shall take a further view in the matter after hearing both the parties.
The DMC said it received a letter from the Directorate of Health Services of the Delhi government in 2011 informing that an inspection of the man’s clinic was carried out following a complaint.
The inspection report said the man was running a clinic- Bangali Clinic- in Bawana and that he was only class 10th pass and was registered as a medical practitioner in Patna.
It said the man had been practising allopathy with no valid qualification or registration and action was recommended to be taken against him.
A show cause notice was issued to the man in March 2011, and he was also asked to appear before the DMC along with supporting documents. He, however, neither replied nor appeared.
Thereafter, in April 2011, the DMC passed an order asking the man to stop practising allopathy and close down his clinic. However, the inspection report said the clinic was still running. Taking note, the authorities filed a criminal complaint against him before the trial court.
The DMC said the complaint could not be prosecuted due to oversight and was dismissed in default by the trial court.
Under the law, if a defendant appears and the plaintiff does not when a suit is called for hearing, the court can make an order dismissing the petition in default.
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