The absence of legal prohibition in granting diplomas and certificates for alternative medicine courses and the need for legislation to regulate such courses.

The writ petition has been filed by the two petitioners inter alia for a direction to the State Government to make arrangement for registration of Alternative Medicines Practitioners in similar manner like other Medical Practitioners or to enact a law for regulating the same.

2. The petitioners claim to be graduates in the filed of alternative medicines from Indian Board of Alternative Medicine, Calcutta. The certificate of the petitioners are enclosed at Annexure-4 series. The petitioners seek recognition of their qualification by the Bihar Medical Council and also claim registration under the Clinical Establishments (Registration and Regulation) Act, 2010 (hereinafter referred to as ‘the Act’).

3. The petitioners had earlier moved this Court for the self same relief in C.W.J.C. No. 1713 of 2016 which was sought to be withdrawn for making application under Section 10 of ‘the Act’ before the competent authority. The writ petition was permitted to be withdrawn with the liberty so prayed. The petitioner thereafter filed a modification application bearing M.J.C. No. 1299 of 2016 seeking liberty to make application before the Bihar Medical Council under the Bihar Medical Council Act, 1933 as well. The prayer was allowed and the liberty was granted vide order passed on 13.04.2016 which also forms part of Annexure-1.

4. The application of the petitioner for registration under the Bihar Medical Council Act, 1933 was rejected by the Registrar, Bihar Council of Medical Registration vide order passed on 02.08.2016 enclosed at Annexure 3 inter alia on grounds that it is only such of the system of medicine which finds mention in Schedule II of the Indian Medical Council Act which can be granted registration by the Council and since the Indian Board of Alternative Medicine is not included in the schedule hence the Council is not authorized to grant registration. It is feeling aggrieved by such decision that the two petitioners are before this Court.

5. A counter affidavit is filed on behalf of the respondent No.2 the Secretary –cum- Health Commissioner and in which it is stated that the degree possessed by these petitioners under the System of Alternative Medicine has not been given recognition by the Government of India under the provisions of the Clinical Establishments (Registration and Regulation) Act, 2010. It is further mentioned that although such prayer has been refused by the Bihar Council of Medical Registration and communicated vide letter dated 28.7.2016 at Annexure-3 but the same has not been questioned. The respondents in reference to the provisions of ‘the Act’ more particularly in Section 2(h) have stated that the recognized System of Medicine as defined, does not include the System of Alternative Medicine nor the said system has been recognized by the Central Government.

6. In sum and substance, the opposition to the prayer made by the respondents in the counter affidavit is that the System of Alternative Medicine is neither recognized under ‘the Act’ for grant of registration nor is the System recognized by the Government of India.

7. I have heard learned counsel for the parties and I have perused the records and it is during the course of hearing that a judgment of the Delhi High Court has been produced arising from C.W. P. No. 4015 of 1996 and C.M. No. 8468 of 1997. The writ petition was filed questioning the mushroom growth of institutions claiming to impart medical degrees which were in violation of the Indian Medical Council Act, 1956, the Indian Medicine Central Council Act, 1970, the Homeopathic Central Council Act, 1973 and the Indian Medical Degrees Act, 1916. The complaint of the writ petitioner who appeared in person was that these institutions were causing incalculable damage to the Public health and the criticism made by the writ petitioner includes the qualification awarded by the Medical College of Alternative Medicine, Calcutta which according to the said institutions, had the recognition of the Depart