“If any of these students practiced Siddha with these certificates, it would definitely wreak havoc in the society. We are already witnessing several cases of charlatans. Therefore, respondents 1 and 2, in coordination with the fifth respondent/Tamil University, will ensure that no one practices Siddha Medicine, throughout the State, using the Siddha Medicine Diploma Certificate issued by the Fifth University defendant. the court said.

Justice B Pugalendhi was hearing a petition filed by K Jayakumar, claiming to be a doctor practicing Siddha medicine, seeking directions to the police not to harass or interfere with him in running the Siddha Clinic.

Jayakumar maintained that he held a degree in Siddha medicine from Tanjore Tamil University. He claimed that he was running the Siddha Clinic in 2008 after his graduation. He claimed that people who practiced allopathic medicine had filed false complaints against him, in which he was eventually acquitted. Later, another case was registered in 2023 in which he was arrested and released on bail.

Jayakumar contended that he practiced Siddha for the welfare of the people without involving any allopathic medicine and was subjected to continuous harassment and threats at the behest of allopathic doctors who prevented him from practicing Siddha medicine .

The government lawyer informed the court that the case against Jayakumar pertained to running a clinic and administering allopathic medicines without proper qualification. He also argued that as per earlier orders of the Madras High Court in a public interest litigation, the Tamil University could not grant Siddha medical degree as it did not have the requisite faculty to teach .

When the court sought a status report from the university, the registrar informed the court that the course offered in the university was only a diploma intended to create awareness among the public about Siddha medicine and it could not not be used to practice Siddha medicine. The registrar also informed the court that the course, which started in 2007, was discontinued in 2008 and only one batch of 878 students registered for the diploma, of which 744 passed the examination and 576 obtained the mark sheet and course certificate.

The Registrar also informed the court that the certificate relied upon by Jayakumar for practicing Siddha medicine was fake as the original certificate clearly stated that the degree was not recognized for practicing as a Siddha doctor, which was missing from the certificate by Jayakumar.

After taking note of the arguments, the court was inclined not to grant the relief claimed by Jayakumar and directed the police to continue the investigation and take appropriate action under the law. Furthermore, although the diploma certificates were issued with the notation “not for practice”, the court noted that in reality, it was unclear to what extent they were followed by the respective certificate holders. Thus, the court asked the state, government and police to coordinate with the university and ensure that no graduate practices Siddha medicine.

Petitioner’s attorney: MA Arun Prasad

Defendant’s lawyer: MPKottai Chamy, Government Counsel (Crl. side), MCArul Vadivel @ Sekar Senior Counsel to MKSachin Rahul

Citation: 2024 LiveLaw (Mad) 409

Case Title: K Jayakumar v State of Tamil Nadu and Others

Case No: WP(MD)No.11463 of 2024