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2009 Supreme(Kar) 263

P.D. DINAKARAN, C.J. AND V.G. SABHAHIT, J.
KARNATAKA STATE ELECTRO HOMEOPATHY RESEARCH AND DEVELOPMENT ASSOCIATION, DHARW AD DISTRICT AND ANOTHER - APPELLANT
Versus
KARNATAKA AYURVEDIC AND UNANI PRACTITIONERS BOARD, BANGALORE AND OTHERS - RESPONDENT
Writ Appeal No. 1153 of 2008 (GM-RES). V.G. Sabhahit, J., delivered the following:
Decided on : 16th April, 2009

Advocates appeared:
Sri M.S. Purushothama Rao, Advocate for Appellants;
Sri Basavaraj Kareddy, Government Advocate for Respondents.

Headnote:KARNATAKA AYURVEDIC, NATUROPATHY, SIDDHA, UNANI & YOGA PRACTITIONERS REGISTRATION & MEDICAL PRACTITIONERS MISCELLANEOUS PROVISIONS ACT, 1961 - Section 34: [P.D. Dinakaran C.J. & V.G. Sabhahit, J] Electro Homeopathy system of medicine as alternative system of medicine - Withdrawal of recognition granted - Recognition withdrawn by State Government pursuant to order issued by Central Government in this regard on recommendation of expert committee of Indian Council of Medical Research that system cannot be recognised as alternative system of medicine -Withdrawal of decree conferred on practitioners who had undergone course and cancellation of their registration pursuant to de-recognition of system - Held, Provision enabling State Government to prohibit practitioners from practicing unrecognized system of medicine, held, are regulatory in nature and are made in public interest. Action taken by State cannot be challenged as arbitrary or unconstitutional.

JUDGMENT

This appeal is filed by the petitioner in W.P. No. 34454 of 2004 being aggrieved by the order dated 28-2-2008 wherein the learned Single Judge has declined to quash the order dated 20-8-2004 passed by the State and dismissed the writ petition.

2. The appellants herein filed W.P. No. 34454 of 2004 averring that petitioners have studied four years course in Electro Homeopathy system of medicine. There are several institutions imparting studies in Electro Homeopathy, an alternate system of medicine. The said system is in vogue and in force for over a century in certain parts of the states in the course of Research and Development and introduction of the same. In the area in which it is not in vogue certain institutions came to be started in various States of India and an institution was started in Karnataka in 1992 out of which Rajiv Gandhi Electro Homeopathy Medical College at Dharwad is one of them. The second petitioner has been a student of the said college and has completed his course in 1994. The petitioner was given Bachelor Degree of Electro Homeopathy Medicine and Surgery (for short 'BDEHMS'). Similarly, several other persons have undergone the course in the said college and other colleges, have been given the same type of certificates. There are about 40 colleges through out the State of Karnataka working since 1992 to 1998 granting such certificates. The first petitioner is an Association registered under the Karnataka Societies Registration Act, 1960. The second petitioner is the President of the first petitioner-Association. It is further averred that Electro Homeopathy is an alternative system of medicine, which has a history of more than five hundred years. Petitioners were granted certificate and they were also permitted to practice without prefixing the word 'Doctor' to their name. However, the said certificate issued by the Directorate of Indian Systems of Medicine and Homeopathy, Bangalore has been withdrawn in view of the order of the Central Government dated 25-11-2003, by order of the State Government dated 28-4-2004 and therefore, the writ petition for the above said reliefs contending that certificate issued by the petitioners could not have been withdrawn and the order impugned in the writ petition is capricious and arbitrary and liable to be set aside.

3. The petition was resisted by contending that the course of study in Electro Homeopathy systems was not recognised and it was an unrecognised system of alternative medicine, as declared by the expert committee under the Chairmanship of Director General, Indian Council of Medical Research and on the basis of the said committee, Government of India issued an order dated 25-11-2003 not permitting Electro Homeopathy and not recognising the said system as an alternative system of medicine. The averment made in the petition that Electro Homeopathy system of medicine has a history of 500 years is denied. It is further averred that in view of the directions issued by the Government of India dated 25-11-2003 to direct the general public from the petitioner's practitioners of the system were not trained in any valid recognition in the country. The certificate issued by the State Government has been withdrawn and the impugned order does not suffer from any error or illegality and if the petitioners are allowed to practice, the same would be detrimental to the health of the general public. The learned Single Judge after hearing the learned Counsel appearing for the petitioners and the learned Counsel appearing for the respondents held that the impugned order was justified in view of the direction issued by the Central Government dated 25-11-2003. The learned Single Judge observed that the Division Bench of this Court in Khalsa Medical and Educational Trust and Others v Union of India and Others] has held that the provisions imposing restriction on certain practitioners is a regulatory measure and the same cannot be treated as illegal and unconstitutional an







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