‘Medical practitioner without degree a quack’: Allahabad HC dismisses man’s plea against sealing of clinic

3 min readLucknowUpdated: Jul 14, 2026 12:29 AM IST

It was also remarked that he was not entitled to practice allopathy without being registered with the CMO's office and that no registration/operation of clinic could be permitted for someone holding an “electrohomeopathy” degree. (Image generated using AI)

Observing that a medical practitioner practicing a particular medicine system without having its degree is a quack, the Allahabad High Court dismissed a man’s petition to allow him to practise allopathy on the basis of a vocational certificate and run his clinic in Uttar Pradesh’s Etah district which was sealed by the state Health Department in February this year.

The division bench of Justices JJ Munir and Indrajeet Shukla dismissed the petition in which the man sought orders to practise allopathy on the basis of a vocational certificate (community health) he obtained from the National Institute of Open Schooling in 2005.

The petitioner’s clinic/hospital was sealed on the orders of the Etah chief medical officer (CMO) issued on February 16 after it was found that he was treating patients with allopathic medicines as the holder of a certificate/diploma in “electrohomeopathy” could not be allowed to practice allopathy.

It was also remarked that he was not entitled to practice allopathy without being registered with the CMO’s office and that no registration/operation of clinic could be permitted for someone holding an “electrohomeopathy” degree.

The division bench observed in its July 10 order, “A person can practice in allopathic system of medicine in state or in the country only if he possesses a recognised medical qualification. Permitting a person who does not possess the recognised medical qualification in allopathic medicine would be in direct conflict with the statute governing the field.”

The petitioner’s counsel submitted that his client had a long experience in the field of medicine and that the right to practice a profession, including medicine, is an integral part of Article 19(1) (g) of the Constitution of India.

The standing counsel representing the state government rejected the submission, stating that the certificate of “electrohomeopathy can by no stretch of imagination confer authority upon the petitioner to practice modern medicine, and the health of the public at large is the primary responsibility of the state government”. “As such, any quack cannot be permitted to play with the health of the general public. It is the State’s duty to protect public health from unqualified practitioners”, he added.

Story continues below this ad

The bench observed that the right to practice a profession under Article 19(1) (g) of the Constitution is not an absolute right and remains subject to reasonable restrictions that the “State may impose in the interest of the general public”. “Such restrictions are legitimate and proportionate restriction in the interest of public health and cannot be said to offend Article 19(1) (g) of the Constitution of India,” it added.

The bench further stated, “In view of the factual matrix and the law, the petitioner is not entitled to practice modern medicine (allopathy) on the strength of his electrohomeopathy certificate. This Court under Article 226 of the Constitution of India cannot substitute its own wisdom and findings for those of competent expert authorities.”

Bhupendra Pandey is the Resident Editor of the Lucknow edition of The Indian Express. With decades of experience in the heart of Uttar Pradesh’s journalistic landscape, he oversees the bureau’s coverage of India’s most politically significant state. His expertise lies in navigating the complex intersections of state governance, legislative policy, and grassroots social movements. From tracking high-stakes assembly elections to analyzing administrative shifts in the Hindi heartland, Bhupendra’s reportage provides a definitive lens on the region's evolution.

Authoritativeness He leads a team of seasoned reporters and investigators, ensuring that The Indian Express’ signature "Journalism of Courage" is reflected in every regional story. His leadership is central to the Lucknow bureau’s reputation for breaking stories that hold the powerful to account, making him a trusted figure for policy analysts, political scholars, and the general public seeking to understand the nuances of UP’s complex landscape.

Trustworthiness & Accountability Under his stewardship, the Lucknow edition adheres to the strictest standards of factual verification and non-partisan reporting. He serves as a bridge between the local populace and the national discourse, ensuring that regional issues are elevated with accuracy and context. By prioritizing primary-source reporting and on-the-ground verification, he upholds the trust that readers have placed in the Express brand for nearly a century. ... Read More

Tags:

allahabad high court