U.P. Nursing Home Association and Another vs Rajesh Kumar Srivastava and Others

M. Katju, J.—This contempt appeal has been filed against the judgment of the learned single Judge dated 28.1.2004 in Contempt Petition No. 820 of 2002, Rajesh Kumar Srivastava v. Sri A.P. Verma and others Contempt Petition No. 820 of 2002.

We have already upheld that judgment of the learned single Judge by a Division Bench decision in Special Appeal No. 320 of 2004, Dr. Ravindra Kumar Goel and Ors. v. State of U. P. and another Special Appeal No. 320 of 2004, decided by us on 27.4.2004. We see no reason to take a different view from that judgment. In that judgment we have gone into great detail about the alarming and widespread malpractice of unauthorised medical practice (quackery) prevailing in the State of U. P., and we have agreed with the judgment of the learned single Judge dated 28.1.2004 with the slight modification which we have made in our judgment dated 27.4.2004.

Sri Umesh Chandra, learned senior counsel and Sri Rakesh Srivastava, learned Counsel appeared for the Appellants and Sri Shashi Nandan, learned Counsel and Sri S.M.A. Kazmi, learned chief standing counsel appeared for the Respondents.

Sri Umesh Chandra, learned senior counsel for the Appellants has submitted that the direction Nos. 1 to 4 in the judgment of the learned single Judge dated 28.1.2004 are without jurisdiction, inasmuch as such directions could not be given in contempt jurisdiction. This aspect has been considered by us in our Division Bench decision in Special Appeal No. 320 of 2004, decided on 27.4.2004 in which we have referred to the Division Bench decision of this Court in Smt. Abida Begam and Others Vs. Rent Control and Eviction Officer, Lucknow and Another, .

Learned Counsel for the Appellant, however, submitted that in the Division Bench decision in Dr. Ravindra Kumar Goel v. State of U. P. (supra) we have not considered the Supreme Court decision in J. Parihar Vs. Ganpat Duggar and others, . In that decision the Supreme Court held that in contempt jurisdiction the learned single Judge could not give a direction to redraw the list as that is not permissible u/s 12 of the Contempt of Courts Act.

We have carefully examined the decision of the Supreme Court in J. S. Parihar''s case (supra), and we are of the opinion that the same is distinguishable. It may be noted that in the case which was before the learned single Judge who delivered the impugned judgment dated 28.1.2004, the facts were that the Supreme Court had given the judgment in D.K. Joshi Vs. State of U.P. and Others, , in which several directives were issued regarding restrictions on the unqualified/ unregistered medical practitioners. Since these directives were not complied with, a contempt of court petition was filed in the Supreme Court but the Supreme Court dismissed it saying that the Petitioner should approach the High Court. It was in these circumstances that the contempt petition was filed before the learned single Judge which he disposed of by his judgment dated 28.1.2004. Hence there was a certain background regarding the circumstances in which the learned single Judge delivered his judgment dated 28.1.2004 and that background cannot be overlooked.

No doubt it is ordinarily true that in contempt jurisdiction a Judge cannot exercise writ jurisdiction. In contempt jurisdiction either the Judge can punish for contempt or discharge the contemnor. However, in exceptional circumstance as we have held in Dr. Ravindra Kumar Goel''s case (supra), the Court can issue directives in contempt jurisdiction in order to secure the ends of justice. This view was taken by the Division Bench decision of this Court in Abida Begam v. R.C.E.O. (supra), and we reiterated it in Dr. Ravindra Kumar Goel''s case (supra).

After all, this is a court of justice, and technicalities should not prevent the Court from doing justice. The people of Uttar Pradesh deserve justice and Article 21 of the Constitution requires that their health should be protected and safeguarded. The quackery which has mushroomed in U. P. has assumed alarming proportions, and can be found in every nook and corner throughout the State. This is endangering the health of the public.

It was in these circumstances that we delivered the judgment in Dr. Ravindra Kumar Goel v. State of U. P. (supra), and we reiterate the views expressed in that judgment.

Sri Umesh Chandra, learned senior counsel for the Appellant then submitted that in the Indian Medical Council Act, 1956, once a person is registered with the Indian Medical Council then in view of Section 27 thereof he has a right to practise. This aspect has also been considered in our judgment in Dr. Ravindra Kumar Goel''s case (supra).

For the reasons given in Dr. Ravindra Kumar Goel''s case (supra) we see no merit in this appeal and it is dismissed. Interim order dated 30.4.2004 is vacated.