Practising Allopathy Without Recognised Medical Qualification Makes One a 'Quack': Allahabad High Court Rejects Electrohomeopathy Practitioner's Plea

The Allahabad High Court has held that practising allopathic (modern) medicine without a recognised medical qualification makes a person a "quack", dismissing a petition filed by an electrohomeopathy practitioner seeking permission to continue his medical practice and reopen his sealed clinic.

A Division Bench of Justice J.J. Munir and Justice Indrajeet Shukla delivered the judgment on July 17, 2026, in Santosh Kumar Sharma v. State of Uttar Pradesh and Others, ruling that only individuals possessing recognised medical qualifications and valid registration under the National Medical Commission (NMC) Act, 2019 can legally practise modern scientific medicine. The Court also upheld the authorities' decision to seal the petitioner's clinic after finding multiple regulatory violations.

The petitioner, Santosh Kumar Sharma, challenged actions taken by the Chief Medical Officer and other authorities after his clinic was inspected and sealed. He sought directions from the High Court to:

• De-seal his clinic;

• Restrain authorities from interfering with his practice; and

• Permit him to continue treating patients.

Sharma argued that he possessed qualifications in electrohomeopathy, including a Vocational Certificate (Community Health) issued by the National Institute of Open Schooling (NIOS) and certificates relating to electrohomeopathy. He contended that these qualifications entitled him to practise medicine and relied on previous court orders and government communications in support of his plea.

However, the State argued that the petitioner was illegally practising modern medicine without possessing a recognised medical qualification or registration under the law.

According to records before the Court, a joint inspection of the clinic revealed several deficiencies beyond the issue of qualifications.

The inspection reportedly found that:

• The clinic was operating without the required registration.

• The petitioner was allegedly practising modern medicine without a recognised medical qualification.

• Biomedical Waste Management Rules were not being followed.

• The establishment lacked the required Fire Department No Objection Certificate (NOC).

• Infection prevention and control measures were inadequate.

• Other statutory requirements applicable to medical establishments had not been complied with.

Based on these findings, the authorities sealed the clinic.

Rejecting the petitioner's arguments, the High Court held that qualifications relied upon by Sharma do not constitute recognised medical qualifications under the National Medical Commission Act, 2019.

The Bench observed that the statutory framework governing modern medicine is clear: only those holding recognised qualifications and registered with the appropriate medical register are legally authorised to diagnose illnesses, prescribe allopathic medicines, and practise modern scientific medicine.

The Court noted that no certificate in electrohomeopathy or community health relied upon by the petitioner conferred such a legal right.

In one of its strongest observations, the Bench stated:

The Court emphasised that permitting unqualified persons to administer modern medicine would jeopardise patient safety and undermine the statutory framework regulating medical education and healthcare in India.

It observed that medicine is a highly regulated profession because errors by unqualified practitioners can have life-threatening consequences.

The High Court also relied on binding Supreme Court judgments, including Poonam Verma v. Ashwin Patel (1996) and Dr. Mukhtiar Chand v. State of Punjab (1998), which have consistently held that practitioners cannot prescribe medicines or practise a system of medicine for which they are not legally qualified or authorised.

After examining the facts and applicable law, the High Court found no illegality in the authorities' action.

The Bench held that the petitioner had failed to establish any legal right to practise allopathic medicine or to seek reopening of the clinic.

Accordingly, the Court dismissed the writ petition and upheld the sealing of the establishment.

(Rh/ARC/MSM)