The petitioner sought registration as an Unani Doctor in Tamil Nadu, claiming state-level approval of his practice. The Court rejected the prayer, ruling that without approval from the Medical Council of India or Central Government, inclusion is not allowed as it involves public life and safety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.4274 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.4274 of 2019
Dr.A.Jalaludeen
... Petitioner
Vs.
Chennai – 600 005.
State Council of Unani Medicine West Bengal, No.63, APC Road, Kolkatta – 700 009.
... Respondents
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Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records order in vide O.Mu.Letter No.40-3/TNIMC/2018 dated 30.01.2019, on the file of the first respondent and to quash the same and consequently direct to the respondents to include the petitioner s name in the Tamil Nadu Indian Medical Council as Unani Doctor.
For Petitioner : Dr.G.Krishnamoorthy for M/s.S.L.Venkatesan For Respondents : Mr.K.M.D.Muhilan for R1 to R4 Additional Government Pleader M/s.K.M.Malar Mannan for R5
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records order in vide O.Mu.Letter No.40-3/TNIMC/2018 dated 30.01.2019, on the file of the first respondent and to quash the same and consequently direct to the respondents to include the petitioner s name in the Tamil Nadu Indian Medical Council as Unani Doctor.
2.The case of the petitioner is that the petitioner made
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representation to the first respondent seeking to include his name as Unani Doctor under the first respondent Council, however, the same was rejected. Hence, this writ petition.
3.The learned counsel appearing for the petitioner submitted that the petitioner is a hereditary Unani Physician and his practice has been approved by the fifth respondent/ State Council of Unani Medicine West Bengal. Hence, the petitioner is entitled to practice as Unani Physician in Tamil Nadu also.
4.The learned Additional Government Pleader appearing for the respondents 1 to 4 submitted that unless the medical practice is approved by Medical Council of India or any other Central Government, the petitioner's name could not be included under the first respondent's Council since it involves other people's life.
5.The petitioner claims that he is a hereditary Unani Physician and his practice has been approved by the fifth respondent/ State Council of Unani Medicine West Bengal and hence he made representation to the first respondent seeking to include his name as Unani Doctor under the first respondent Council, however, the same
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was rejected on the ground that his medical practice was not approved by Medical Council of India or any other Central Government. Unless his medical practice is approved by Medical Council of India or any other competent authority, the petitioner cannot practice in Tamil Nadu. Hence, this Court is not inclined to grant the relief sought for in this writ petition.
6.The writ petition is accordingly dismissed. No costs.
23.03.2023
pri
Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No
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To
The Central Council of Indian Medicine, New Delhi.
State Council of Unani Medicine West Bengal, No.63, APC Road, Kolkatta – 700 009.
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M.DHANDAPANI,J. pri
W.P.No.4274 of 2019
23.03.2023
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2 issues framed by the court
Whether a petitioner whose practice is approved by the State Council of Unani Medicine West Bengal should be included in the Tamil Nadu Board of Indian Medicine given lack of Central Government/MCI ap
Whether the High Court should issue a writ of Mandamus to quash an order rejecting the petitioner's representation for registration as an Unani Doctor.
Dr.A.Jalaludeen
The Registrar, Tamil Nadu Board of Indian Medicine
The Registrar, The Central Council of Indian Medicine
The Director of General of Police
The Inspector of Police
The Registrar, State Council of Unani Medicine West Bengal
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
