Important points:
The orders issued by the State Government with respect to exemption from registration by invoking the powers conferred under the first proviso to Section 38 of the Act, 1953 is repugnant to the provisions of the Central Act, 1970 as is discussed above and therefore, the same is unconstitutional. So also, the Government Orders issued providing registration to the unqualified practitioners of Naturopathy and other alternative medicines are in conflict with the provisions of the Central Act, 1970 and the order of the Government of India and the guidelines specified above, and therefore, unconstitutional and the same are also liable to be quashed.

JUDGMENT :

Shaji. P. Chaly, J.

The writ petitions contained under the list IA mentioned above are filed by Ayurveda Hospital Managements' Association, Private Ayurveda Medical Practitioners' Association, Ayurveda Doctors and the Central Council of Indian Medicine respectively, basically challenging the exemption from registration granted under the Travancore-Cochin Medical Practitioners Act, 1953 ('the Act, 1953' for short) by the State Government invoking the power conferred under the first proviso to Section 38 of the Act, 1953 to unqualified ayurveda practitioners. Whereas, the writ petitions in list IB are filed by the traditional Ayurveda practitioners supporting the orders passed by the State Government granting exemption from registration and seeking directions on the basis of such orders.

2. The batch of writ petitions contained under list II are filed by Naturopathy Practitioners' Association and individual Naturopathy practitioners seeking grant of ‘B’ class registration as per the order dated 17-03-2010, modified order dated 20-01-2011 and the further modified order dated 28-02-2011, and the consequential guidelines, issued by the State Government on the basis of certificates issued by some Universities and on the conditions incorporated thereunder, including authorisation given to the Travancore Cochin Medical Council of Indian Systems of Medicine to issue provisional “B” class registration to the practising Naturopaths, who are not institutionally qualified, except W.P.(C) No. 17507 of 2011, which is filed by a graduate Naturopathy doctor, wherein the aforesaid Government orders are under challenge.

3. Since the writ petitions in the aforesaid two batches are materially connected, on agreement, we have heard them together and propose to pass a common judgment by considering the issues separately.

4. In order to consider the issues raised in the first batch of writ petitions, we rely upon the pleadings and documents contained in W.P. (C) No. 21419 of 2009 filed by the Central Council of Indian Medicine. The Central Council of Indian Medicine, hereinafter shortly called Council of Indian Medicine, is a statutory body created by the Parliament through the Indian Medicine Central Council Act, 1970 (hereinafter called 'Central Act, 1970'). The Central Act, 1970 was enacted by the Parliament to maintain high and uniform standards of education in the field of Indian Medicine. The system of Indian Medicine commonly known as Ashtang Ayurveda, Siddha (or Unani Tibb) whether supplemented or not by such modern advances as the Central Council may declare by notification from time to time. [The words in brackets shall stand substituted by Act 43 of 2010 to read as Unani, Tibb or Sowa-Rigpa.] Therefore, according to the petitioner, the Central Council alone is vested with powers to regulate the field of Indian Medicine and to prescribe the minimum standards of education in the Indian System of Medicine, namely Ayurveda, Unani and Siddha.

5. The issue raised by the petitioner is that the case presents a classic example of callous executive overreach, whereby the persons without requisite qualifications and clinical experiences are being recklessly permitted to practice as doctors of the Indian Medicine, which is not only unconstitutional, but also a serious hazard to public health and safety in the State of Kerala and is prone to encourage such practices elsewhere in the country. The cause of action put forth by the petitioner leading to the writ petition is that the State Government, as per Ext.P12 order dated 04.06.2009, permitted traditional practitioners of Ayurveda and Homeopathy without recognised qualifications practising in Malabar Region as on 02.11.1987 as well as the traditional practitioners of siddha System of Medicine without recognised qualification practising in Travancore-Cochin regions as on the date of the said i