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(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.) Writ order dated 04.01.2022 in W.P. No.14751 of 2020 is under challenge in the present intra-court appeal filed under Clause 15 of Letters Patent.

2. Writ petitioner is the appellant before this Court. Writ petition has been instituted challenging circular dated 25.09.2020 issued by Director https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 05:34:18 pm ) of Indian Medicine and Homeopathy, Chennai informing the public that fake doctors are practising acupuncture across the State and in the event of any doubt, complaints can be registered before Superintendent of Police or District Collector concerned for initiation of appropriate action by the competent authorities. Circular has been issued in the nature of warning to the public in general providing information that fake acupuncture doctors are practising and treating patients, which may cause injury to health of citizens. Writ Court considered the issues and dismissed the writ petition.

3. Learned counsel for appellant would mainly contend that National Commission for Allied and Healthcare Professions Act, 2021 (Central Act 14 of 2021) came into force in the year 2021. Even before that, appellant and several other medical practitioners were practising acupuncture across the State. There was no registration on earlier occasion. That apart, no State Council has been constituted in consonance with the provisions of the Act and therefore circular issued by Director of Indian Medicine and Homeopathy, Chennai is affecting the right to practice acupuncture by appellant as well as other practitioners. It is further contended that appellant has undergone two year Diploma course in acupuncture and it is a valid course for practising acupuncture. https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 05:34:18 pm )

6. Acupuncture has been included in the curriculum of U.G. Degree viz., Bachelor of Naturopathy and Yogic Science (BNYS) with 5 ½ years duration offered by Tamil Nadu Dr.MGR Medical University. With regard to P.G. Degree, three courses are conducted at the Government Yoga and Naturopathy Medical College, Chennai and Chengalpattu viz., M.D. (Yoga), M.D. (Naturopathy) and M.D. (Acupuncture and energy medicine). P.G. courses are offered by the Government Yoga and Naturopathy Medical College, Chennai as Doctor of Medicine in Yoga and Naturopathy with specialization in Yoga/Naturopathy/Acupuncture and energy medicine. Institutionally qualified doctors i.e., holders of the degree in BNYS or equivalent degree and registered with the Tamil Nadu Board of Indian medicine are alone to practice and eligible for admission into the said PG courses in Yoga and Naturopathy with specialization in any one of the branches.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 05:34:18 pm )

7. Therefore, the contention of appellant is found to be incorrect. Under Chapter III Section 22, State Council has been constituted. Functions of State Council are enumerated under Section 30. Section 33 provides registration in State Register. In exercise of powers conferred by Section 68 of National Commission for Allied and Healthcare Professions Act, 2021 (Central Act 14 of 2021), Government of Tamil Nadu notified Tamil Nadu Allied and Healthcare Professions Rules, 2023 and the said Rules provide eligibility for registration and the procedures for registration. The courses recognised by State of Tamil Nadu also have been stated and the degree must be recognised by Dr.MGR Medical University. When the eligibility and procedure for registration are contemplated under the Act as well as Rules framed thereunder by Government of Tamil Nadu, the same is to be scrupulously followed in respect of eligible persons intending to practice acupuncture therapy within the State of Tamil Nadu.