Madras High Court
Acupuncture Healers Federation ... vs The State Of Tamilnadu on 20 December, 2019
Bench: A.P.Sahi, Subramonium Prasad
WP.No.34715 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2019
CORAM :
The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SUBRAMONIUM PRASAD
W.P.No.34715 of 2019
and W.M.P.No.35471 of 2019
Acupuncture Healers Federation (India)
(Regd.), Rep. by its President,
Mr.Bose K.Mohamed Meera. .. Petitioner
-vs-
1.The State of Tamilnadu,
rep. by its Secretary,
Health Department,
Fort St. George, Chennai-9.
2.The Director of Medical and Rural
Health Services, DMS Campus,
Teynampet, Chennai 600 006. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for issue of writ of Declaration to declare that the Tamil Nadu
Clinical Establishments (Regulation) Act No.19/2018 and the Tamil
Nadu Clinical Establishments (Regulation) Rules, 2018, framed under
the said Act No.19/2018, are not applicable to duly qualified
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WP.No.34715 of 2019
acupuncture therapists like the members of the Petitioner Association
and null and void.
For Petitioner : Mr.V.Raghavachari
for Mr.B.Murugavel
For Respondents : Mr.V.Jayaprakash Narayanan
Govt. Pleader
ORDER
(Order of the Court was made by Subramonium Prasad, J.) The instant writ petition is for a writ declaring that the Tamil Nadu Clinical Establishments (Regulation) Act No.19/2018 (hereinafter called as the 'Act' for short) and the Tamil Nadu Clinical Establishments (Regulation) Rules, 2018, are not applicable to the duly qualified Acupuncture therapists like the members of the Petitioner Association.
2.Material on record disclosed that one Mr.P.Selvaraj, who is a member of the association and who is running an Acupuncture clinic in Karaikkudi, moved an application for registration under the Act before the Joint Director of Health and Rural Services, Sivagangai District, on 19.09.2018. By letter dated 20.09.2018, his application was rejected and the rejection order reads as under:-
Page 2 of 4http://www.judis.nic.in WP.No.34715 of 2019 BY RPAD N.DIS.No.3090/E3/2018 dated 20.09.2018 Since the system of acceptance has not been covered under Tamil Nadu Clinical Establishment Rule 2018, your application in original and Demand draft for Rs.500/- are herewith returned. Please kindly acknowledge the receipt of this same at once.
You are also instructed that uncovered treatement and other therepy under Clinical Establishment Rules 2018 may be treated as illegal.
3.In view of the said order, there is no requirement to grant the writ as prayed for nor is there any cause of action for interference under Article 226 of the Constitution of India.
The Writ Petition is dismissed. There shall be no order as to costs. Consequently, W.M.P.No.35471 of 2019 is also dismissed.
(A.P.S., CJ.) (S.P., J.)
20.12.2019
Index : Yes/No
Internet : Yes/No
sra
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WP.No.34715 of 2019
The Hon'ble Chief Justice
and
Subramonium Prasad, J.
(sra)
To
1.The Secretary to Govt. of Tamilnadu, Health Department, Fort St. George, Chennai-9.
2.The Director of Medical and Rural Health Services, DMS Campus, Teynampet, Chennai 600 006.
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