D.K. JOSHI versus STATE OF U.P. AND ORS.

D.K. JOSHI versus STATE OF U.P. AND ORS.

Directions must be issued for the entire State as local measures are insufficient; effective steps and follow-up action are required to stop the hazardous practice of medicine by unauthorised/unqualified persons, with monitoring and publicity to prevent shifting of the problem to other districts.

Parties
Appellant: D.K. Joshi; Respondents: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
25 April 2000
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Dismissal in Limine
Outcome
appeal allowed
Legal Topics
Unauthorised Medical Practice, Regulation of Medical Practitioners, Public Interest Litigation
Medical Law Public Health Administrative Law Unauthorised Medical Practice Regulation of Medical Practitioners Public Interest Litigation

Case Brief

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Parties

D.K. Joshi

Appellant

State of U.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Dismissal in Limine

Legal Issues

  1. 1 Whether the State and authorities have taken effective action to curb unauthorised and unqualified medical practitioners
  2. 2 Whether directions are required for the entire State to address the menace of unauthorised medical practice

Ratio Decidendi

Directions must be issued for the entire State as local measures are insufficient; effective steps and follow-up action are required to stop the hazardous practice of medicine by unauthorised/unqualified persons, with monitoring and publicity to prevent shifting of the problem to other districts.

Court Disposition

appeal allowed

Orders

  • Secretary, Health and Family Welfare Department, U.P. directed to take steps to stop unauthorised/unqualified persons practicing medicine in the State.
  • District Magistrates and Chief Medical Officers must identify all unqualified/unregistered medical practitioners within a time fixed by Secretary and initiate legal action.