Jharkhand High Court
Ram Krishna Paul vs The State Of Jharkhand on 20 August, 2018
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 2782 of 2018
Ram Krishna Paul ..... Petitioner
Versus
1. The State of Jharkhand, through its Secretary, Department of Health, Ranchi
2. The Chief Medical Officer, Ghatshila, East Singhbhum ..... Respondents
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CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner: M/s Suraj Singh, Vipul Poddar
For the State: Mr. Vishal Kumar Rai, A.C to S.C-IV
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03/20.08.2018 The present writ petition has been filed for issuance of direction upon the
respondent No.2 to decide the representation of the petitioner dated 09.05.2018 (Annexure-2 to the writ petition) and grant permission/No Objection Certificate to practice/treat the common diseases in terms with the judgment rendered by the Hon'ble Apex Court in the case of Subhasis Bakshi & Ors. Vs. W. B. Medical Council & Ors. reported in (2003) 9 SCC 269, as he possesses the certificate in Community Medical Services and Essential Drugs (CMS & Ed) course.
Learned counsel for the petitioner submits that the petitioner has completed the course of CMS & Ed from a recognized institute, namely, M. S. Primary Medical Health Training Institute, Lucknow. The petitioner having obtained the said certificate is authorized to practice for treatment of common diseases, malnutrition, snake bites and insecticidal poisoning etc. as it has been held by the Hon'ble Supreme Court in the case of Subhasis Bakshi & Ors. (Supra) that the holders of CMS & Ed certificate are entitled to be registered in the State Medical Register for practicing in Allopathic medicine to treat common diseases in rural areas. After completing the said course and award of the certificate in January, 2016, the petitioner approached the respondent No.2 by filing several representations for grant of permission/No Objection Certificate to practice in rural areas. However, till date no decision has been taken by the respondent No.2 in this regard.
Having heard learned counsel for the parties and looking to the contents of the present writ petition, the petitioner is given liberty to file a fresh representation ventilating his grievance before the respondent No.2. On receipt of such representation, the respondent No.2, after providing due opportunity of hearing to the petitioner, shall take appropriate decision in accordance with law within a period of eight weeks from the date of receipt of the said representation.
The present writ petition is accordingly disposed of with aforesaid liberty and direction.
Satish/- (RAJESH SHANKAR, J)