Telangana Medical Council not competent to act against Ayurvedic doctors practising allopathic medicine: HC

Telangana High Court quashed First Information Reports issued against three Bachelor of Ayurvedic Medicine and Surgery (BAMS) degree holders who were practising allopathic medicine.

Justice N. Tukaramji, pronouncing verdict in three criminal petitions filed by these Ayurvedic doctors challenging the criminal cases registered against them, said the Telangana Medical Registrar (TMC) had rights to initiate action against such persons under specific provisions governing practice of allopathic medicine.

The TMC conducted surprise inspections on the clinics, run in the jurisdiction of Sangareddy and Cyberabad, by these three Ayurvedic doctors on May 10. Having found that they were prescribing allopathic drugs to the patients and administering intra-venous fluids and injections, the TMC’s vigilance officer approached the police who issued FIRs.

The police invoked sections 318 (4) and 319 (2) of Bharatiya Nyaya Sanhita along with Rule 8 (2) 9 of the Andhra Pradesh Medical Council Rules and section 20 (ii) read with Telangana Medical Practitioners Registration Act. The petitioners contended that they never represented as MBBS doctors but engaged themselves in legally permitted medical practice which was protected under section 17(3)(b) of the Indian Medicine Central Council Act.

They said a notification issued by the Central Council of Indian Medicine (CCIM) in 1996 and the Ayush memorandum of 2017 permitted them to practice modern scientific medicine to a limited extent. Moreover, the TMC has no suo moto power to lodge complaints. They charged that the complaints were motivated, intended to suppress Ayush practitioners and to monopolise the practice of allopathic medicine.

Citing the rule position, the judge said in his order that AYUSH Commissioner was the competent authority to act against Ayurvedic doctors practising allopathic medicine. The TMC cannot directly lodge complaints with the police, the judge held.