JUDGMENT :

ASHOK BHUSHAN, J.

The application seeking permission to file special leave petition is allowed.

Leave granted.

2. This appeal has been filed by the appellant Dr. AKB Sadbhavana Mission School of Homeo Pharmacy aggrieved by the part of Division Bench judgment of Kerala High Court dated 21.08.2020 passed in Writ Petition (C) No.9459 of 2020. The appellant, who was not party in the writ petition feeling aggrieved by certain directions issued by the High Court have come up in this appeal.

3. We need to notice the contents and prayers of the writ petition filed in the Kerala High Court by respondent No.4 (proforma respondent). The writ petition was filed by respondent No.4, an Advocate praying for writ of Mandamus or for any other writ or order directing the Secretary, Department of AYUSH, Government Secretariat, Trivandrum to ensure that the Homeopathic practitioners are immediately allowed to perform in accordance with the Exhibit-P1 notification (Guidelines dated 06.03.2020 issued by Secretary, Department of AYUSH (Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha, Sowa-Rigpa and Homeopathy) (AYUSH, New Delhi).

4. The petitioner’s case in the writ petition is that petitioner is an ardent admirer of the Homeopathic medicine system, which system of medicine in India is controlled and regulated by the Ministry of AYUSH. The petitioner pleaded that to control the spread of Coronavirus (COVID-19), notification dated 06.03.2020 was issued by the Secretary, Ministry of AYUSH to the Chief Secretaries of all States in which notification, it was pointed out that interventions under AYUSH systems have been varyingly used for making an effective public health response in similar situations faced in many States/Union Territories earlier. The petitioner’s grievance was that State of Kerala and the Secretary, Department of AYUSH, Government Secretariat, Trivandrum did not take steps to implement the advisory dated 06.03.2020 whereas many other State Governments have taken steps much earlier. The petitioner pleaded that Homeopathic system would have been absolutely able to control the spread of COVID-19 through its immunity boosting medicines. Petitioner further stated in the writ petition that if the Homeopathic medicines had been distributed earlier in highly affected pockets and particularly to those under isolation and quarantine, the explosive situation had not happened, which has happened in the State of Kerala. The only prayer made in the writ petition are to the following effect:-

(i) To issue a Writ of Mandamus or any other Writ or Order directing the third respondent to ensure that the Homeopathic practitioners are immediately allowed to perform in accordance with the Exhibit P-1 notification.

(ii) To grant such other reliefs as this Honourable Court deems fit and proper in the facts and circumstances of the case.

5. The Division Bench of the High Court disposed of the writ petition by judgment dated 21.08.2020. The High Court in its judgment has extracted advisory dated 06.03.2020 of the Government of India, Ministry of AYUSH, the Government Order dated 08.04.2020 and 21.04.2020 issued by Government of Kerala and after noticing the aforesaid, the High Court disposed of the writ petition. In paragraphs 13 and 14 of the judgment, the High Court has stated as follows:-

“13. It is the case of the petitioner that Exhibit-P1 has not been implemented by the State of Kerala, whereas it is the submission of learned Senior Government Pleader that Government has approved the action plan of Homeo Department for giving Homeo medicines as prophylactic. However, the target population was not intended to include COVID-19 patients or their contacts or those people, under quarantine. Advisory of the Ministry of AYUSH is being followed by the Government and tablets are given free of cost to those persons as immunity boosters. As per the