Dear friends,

“With warm regards”

I think everyone of us were aware of the current issue
happening in Physiotherapy field in Tamilnadu .
The matter of prefixing “dr” by physiotherapists.
Suddenly on Saturday 24/03/2018 every news channel
flashed a news stating that High court of madras in a writ
petition ordered the D.G.P.,& the Commissioner to take
action if any specific complaint received against
Physiotherapists , who use the prefix "Dr" before their
names, in their prescriptions, letter heads, visiting cards,
name boards, etc.

The entire history behind this case is as follows:

The Government of Tamilnadu wide Annexure to

G.O. (Ms) No.338 Health and Family Welfare
Department Dated 16.10.2008 with Amendments G.O
(Ms) No.281 Dated 09-09-2009 of Health and Family
Welfare (Z1) Department issued orders for the formation
of Tamil Nadu State Council for Physiotherapy where it is
stated that
“Physiotherapy” means health care profession which
includes examination, treatment, advice and instructions
to any person preparatory to or for the purpose of or in
connection with movement dysfunction, bodily
malfunction, physical disorder, disability, healing and
pain from trauma and disease, physical and mental
conditions using physical agents including exercise,
mobilization, manipulation, mechanical and
electrotherapy, activity and devices or diagnosis,
treatment and prevention.
Register means the Register of Physiotherapists
maintained by the Council.
“Physiotherapist” means a person who possesses
recognized physiotherapy education and whose name has
been entered in the Register of Physiotherapy Council. He
shall not use “Dr” before his name and prescribe drugs.
Stating this government order Dr.k.Prakasam of
IMA filed a petition to High Court of Chennai regarding
the same by febrauary 2010 .In this petition high court
ordered tamilnadu government to take action against all
allied health and paramedical professional prefixing dr
and prescribing allopathy medicines.

With this high court order Dr.K.Prakasam gave prèss

meet that Physiotherapist are prefixing Dr and practicing
medicine and stated physiotherapists as quack , it was the
news in major newspapaer by April 2013.

Meanwhile Indian physical therapists welfare

association which is one among the registered association
led by G Vijay Anand lodged a complaint against Tamil
Nadu Medical Council president Dr K Prakasam for
addressing them as quacks to D.G.P. of police,Chennai.
 As for this complaint Medical Council Of India
Tamilnadu Chapter filed A writ of mandamus in high
court of Chennai to direct the D.G.P of Police and The
Commissioner of Police to take immediate action against
the Indian Physical Therapists Welfare Association , its
members and all physiotherapists, who use the prefix "Dr"
before their names, in their prescriptions, letter heads,
visiting cards, name boards, etc. and against those
physiotherapists who pose themselves as Doctors and take
necessary action to prevent such use.

Indian physical therapists welfare association has its

registered office at valasaravakkam and said Vijayanand
resides at vyasarpadi.
But as per the court case the address of the 3 rd
respondent Indian physical therapists welfare association
is wrongly stated as No.256, 11th East Cross Road, MKB
Nagar, Chennai - 600 039 which is a address of
Sivasubramaniyam ,who is also a Physiotherapist but not
a member of the said association.after receiving the
summon siva subramaniyam sir with his advocate
approached the said court and filed an affidavit that he is
not a member of the association and the address is wrong.
Despite of his opposition the court issued a exparte order
mentioning the advocate for respondent 3 indain physical
therapists welfare association ,as no appearance .
 So its clearly understood that the order has been
issued without any representation from our side.

Points for our defence:

The respondents address is wrongly presented while

filing the writ petition.

The order has been issued without hearing from our

side (Physiotherapists).

The order is based on the G.O. (Ms) No.338 Health

and Family Welfare Department Dated 16.10.2008 with
Amendments G.O (Ms) No.281 Dated 09-09-2009 of
Health and Family Welfare (Z1) Department,but this
Government order for formation of council has not at all
implemented .

If this government order is said to be in force and

valid ,the judgement will bind only to the members of
that council whose name has been registered in that
council as it states
“ Physiotherapist” means a person who possesses
recognized physiotherapy education and whose name has
been entered in the Register of Physiotherapy Council.

If this Government order is not in force then order is

an impugned judgement.
 Prefixing doctor and practicing allopathy may be
charged under Indian penal code ,medical council
act1956, medical degree act 1982,allopathic odrdinance
act 1962,and drug act 1976.
There is no act or statute to charge
physiotherapists prefixing Dr and practicing
physiotherapy.

So friends be aware of this issues the judgement is an

impugned judgement and also the said g.o is not in force .

Practicing Physiotherapy as our profession is one of

our Fundamental Rights as a citizen of india.
Disturbing us from practicing Physiotherapy , our
profession is a violation of article 19 (1) g of constitution
of India .
Please be free to call for any clarifications or if any
one disturbs you for this issues .

Be proud WE are PHYSIOTHERAPISTS

DR.O.N.SUDHAKAR.B.P.T.,L.L.B.,
9842904233,9489402345
Judgement :

IN THE HIGH COURT OF JUDICATURE AT

MADRAS
DATED: 20.02.2018
CORAM
THE HONOURABLE MR. JUSTICE
K.KALYANASUNDARAM
WP.No.11232 of 2013
MP No.3 of 2013

The Tamil Nadu Medical Council,

Rep. by its President,
No.914, Poonamallee High Road,
Arumbakkam, CHennai - 600 106. ...Petitioner
Vs.
1. The Director General of Police,
Mylapore, Chennai - 600 004.
2. The Commissioner of Police,
Egmore, Chennai - 600 008.
3. Indian Physical Therapists Welfare Association,
Rep. by its President,
No.256, 11th East Cross Road, MKB Nagar,
Chennai - 600 039. ...Respondents

PRAYER: Writ petition filed under Article 226 of the

Constitution of India
praying for issuance of a Writ of Mandamus to direct the
respondents 1 and 2 to take immediate action against the
3rd respondent, its members and all physiotherapists, who
use the prefix "Dr" before their names, in their
prescriptions, letter heads, visiting cards, name boards,
etc. and against those physiotherapists who pose
themselves as Doctors and take necessary action to
prevent such use.

For Petitioner : M/s.STP.Kuilmozhi

For Respondents : Mr.V.Shanmuga Sundar, Spl.G.P. (for
RR1 & 2)
No Appearance (for R3)

ORDER

This writ petition has been filed for issuance of a writ of

mandamus to direct the respondents 1 and 2 to take
immediate action against the 3rd respondent, its members
and all physiotherapists, who use the prefix "Dr"
before their names, in their prescriptions, letter heads,
visiting cards, name boards, etc. and against those
physiotherapists, who pose themselves as Doctors and
take necessary action to prevent such use.
2. Heard the learned counsel for the petitioner and the
learned Special Government Pleader appearing for the
respondents 1 and 2.
3. The learned counsel for the petitioner submitted that
the Government has issued a G.O.Ms.No.338, dated
16.10.2008, stating that the Physiotherapists shall not use
the word "Dr" before their names. Hence, the
petitioner gave representation to the respondents 1 and 2
on 12.04.2013, to take action them. Since no action was
taken, the present writ petition.
4. The learned Special Government Pleader appearing for
the respondents 1 and 2 submitted that the petitioner-
Association cannot seek general direction and if a specific
complaint is given to the jurisdictional police, the
concerned authorities will take action on the complaint in
accordance with law.

5. In the light of the above submission made by the

learned Special Government Pleader appearing for the
respondents 1 and 2, this writ petition is disposed of, with
a direction to the petitioner to give a specific complaint
with relevant documents to the jurisdictional police. If
any such complaint is given, the concerned police shall
take action in accordance with law. No costs.
Consequently, connected miscellaneous petition is closed.
20.02.2018
Index: Yes/No
Internet: Yes/No
Speaking Order/Non Speaking Order

To
1. The Director General of Police,
Mylapore, Chennai - 600 004.
2. The Commissioner of Police,
Egmore, Chennai - 600 008.

Government order:

Thiruvalluvar Aandu 2039

Aavani 23

Dated 9.9.2009

Annexure to G.O. (Ms) No.338 Health and Family

Welfare Department
Dated 16.10.2008
with Amendments G.O (Ms) No.281 Dated 09-09-2009
of Health and Family Welfare (Z1) Department. (Full
Text)
The following amendments are in the Annexure to G.O.
(Ms) No: 338 of Health and Family Welfare Department
dated 16.10.2008 and amendments
G.O.(Ms) No.281 dated 9.9.2009. The contents of the
above said Government Order Annexure, Clauses and Sub
Clauses may be read as follows.
SHORT TITLE and EXTENT:
This Council may be Called Tamil Nadu State Council for
Physiotherapy.
It extends to the whole of the State of Tamil Nadu.
DEFINITIONS:

“Council” means the Tamil Nadu State Council for

Physiotherapy.
“Government” means Government of Tamil Nadu.

“Physiotherapy” means health care profession which

includes examination, treatment, advice and instructions
to any person preparatory to or for the purpose of or in
connection with movement dysfunction, bodily
malfunction, physical disorder, disability, healing and
pain from trauma and disease, physical and mental
conditions using physical agents including exercise,
mobilization, manipulation, mechanical and
electrotherapy, activity and devices or diagnosis,
treatment and prevention.
Register means the Register of Physiotherapists
maintained by the Council.
“Physiotherapist” means a person who possesses
recognized physiotherapy education and whose name has
been entered in the Register of Physiotherapy Council. He
shall not use “Dr” before his name and prescribe drugs.
CONSTITUTION AND COMPOSITION OF THE
COUNCIL:
The Government shall constitute a Council which will be
called the “Tamil Nadu State Council for Physiotherapy”
consisting of the following members namely;
A President to be appointed by the Government from
among the members registered in the Council.
A Vice President to be appointed by the Government
from among the members registered in the Council.
An Officer not below the rank of Deputy Director of
Medical and Rural Health Services to be nominated by
the Director of Medical and Rural Health Services to
represent the Directorate of Medical and Rural Health
Services.
An Officer not below the rank of Deputy Director to be
nominated by the Director of Medical Education to
represent the Directorate of Medical Education.
An Officer not below the rank of Deputy Registrar or
Deputy Controller to represent the Tamil Nadu Dr.
M.G.R. Medical University to be nominated by the Vice
Chancellor.
A member to be nominated by the President of the Tamil
Nadu Medical Council.
Four members to be elected from among the members
registered as Physiotherapists in the Council.
Two members to be nominated by the Government from
among the teaching faculty in Government Institutions
teaching Physiotherapy for a period of three years.
Two members to be nominated by the Government from
among the teaching faculty in recognized teaching
Physiotherapy Institutions (other than Government
Institutions) for a period of three years.
Two members to be nominated by the Government to
represent such Organizations which can represent the
interest of Physiotherapy.
2. Notwithstanding anything containing in Para 3.1

In respect of the Constitution of the Council for the first

time the members thereof including the President and the
Vice President shall be nominated by the Government
from amongst persons qualified to be elected or
nominated as members.
The members so nominated shall hold the office for a
period not exceeding three years and later replaced by the
elected members.
MODE OF ELECTION
Election shall be conducted in the specified manner and
where any dispute arises regarding any such election, it
shall be referred to the Government whose decision shall
be final.

MEETING OF THE COUNCIL

The Council shall meet at least once a year at such time
and place as may be specified by the President.
No subject shall be taken up for deliberation at a meeting
of the Council unless six members (including the
President and Vice President) are present.
If within half-an hour after the time appointed for the
meeting the required quorum is not available; the meeting
shall stand adjourned to a date and time to be notified to
the members by the presiding officer.
At least fifteen clear days’ notice, in writing, along with
agenda proposed to be considered at a meeting of the
Council shall be given to the members for holding an
ordinary meeting.
The agenda of the meeting shall be settled by the
Registrar in consultation with the President.
An extra-ordinary meeting of the Council shall be
convened if a requisition in writing by not less than one-
fifth of the total number of members of the Council is
made to the Registrar Provided that such a meeting shall
convened within seven clear days from the date the
requisition is received by the Registrar.
Explanation: The expression “Clear days” in this section
does not include the day of the issue and the day of the
receipt on the notice.

EXECUTIVE COMMITTEE:-
1) The Council shall constitute from among its members
an Executive Committee for such general or special
purposes and for such tenure as the Council may consider
necessary.

2) The Executive Committee shall consist of the

following members
a) President of the Council
b) Vice President of the Council
c) One Member representing Physiotherapists nominated
by the President of the
Council.

d) Director of Medical Education

e) Director of Medical and Rural Health Services

3) The President and the Vice President of the Council

shall be the Chairman and the Vice
Chairman respectively of the Executive Committee.

4) A member of the Executive Committee shall hold

office until the expiry of his term of
office as member of the Council and he shall be eligible
for re-nomination.

5) A member may resign his membership of the

committee by writing under his hand
addressed t0 the President of the Committee and the
vacancy shall be filled up in the
same manner in which that seat was filled in.

POWERS AND FUNCTION OF THE COUNCIL:-

To coordinate and determine the standards of

physiotherapy education at all levels (curriculum to be
prescribed).
To regulate the practice of the profession by persons
possessing recognized physiotherapy qualification.
c. To maintain the Registers of Physiotherapists
qualification.
d. To assist the Government in regard to continuing
education of registered Physiotherapists.

REGISTRATION OF HE QUALIFICATION:
Every person possessing the qualification as
Physiotherapist on payment of such fees as may be
specified in this behalf by council from time to time be
entitles to have his/het name entered in the register
subject to such condition as the Council may impose.
The application for registration shall be accompanied by
all documents required to be produced as specified in the
form.
The application for registration shall be submitted to the
Registrar of the Council. He / She will scrutinize the same
and place it before the Council in the next meeting for its
approval.
The Council may require any candidate to appear before
them in support of any statement made by him/her in
his/her application to furnish such other particulars as
may be required.
SUPERSESSION OF THE COUNCIL BY THE STATE
GOVERNMENT:-
If the Government is of the opinion that the Council is
unable to perform, or has persistently made default in the
performance of the duty imposed on it by or has exceeded
or abused its powers, or has willfully or without sufficient
cause failed to comply with any direction issued by the
Government the Government may, by order suspend or
supersede the Council for such period as may be specified
in the said order.
Provided that before issuing such order, the Govt shall
give a reasonable opportunity to council show cause why
it should not be suspended or superseded and after
considering the explanation and objections, if any, of the
Council and pass such orders as they deem fit.
Upon the issue of such orders of superseding the council:-

All the members of the Council shall, notwithstanding

that their term of office had not expired, as from the date
of supersession, vacate their offices as such members;
All the powers and duties be exercised or performed by or
on behalf of the Council shall, during the period of
suspension or supersession exercised and performed by
such person or persons as the Government may direct.
All property vested in the Council shall, during the period
of supersession, vest in the Government.
APPOINTMENT OF OFFICER ND EMPLOYEES OF
THE COUNCIL:-
For the purpose of discharge council functions effectively
the council after approval of the Government, may
appoint a Registrar, Officer and other staff which are
considered necessary.
The Registrar, Officer or the employees appointed by the
Council shall be subject to such condition of service and
entitles to such remuneration as may be determined by the
regulation to be framed in this behalf.
The Registrar shall be the Chief Executive Officer of the
Council.
(BY ORDER OF GOVERNER)

V.K.SUBBURAJ
PRINCIPAL SECRETARY TO GOVERNMENT

To
The Director of Medical Education, Chennai-10
The Director of Medical and Rural Health Service,
Chennai-6
The Director of Public Health and Preventive Medicine,
Chennai-6

Copy to
The Indian Association of Physiotherapists, Chennai

SF/SC
/FORWARDED BY ORDER/

SECTION OFFICER