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1988 Supreme(Raj) 779

M.B.SHARMA, I.S.ISRANI
Rajasthan Pradesh Vaidya Samiti through its Secretary Kalyan Chand Purohit – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - An identical question of law is involved in these writ petitions and it is as to whether even those who are having medical qualifications which include Ayurvedic qualifications although not included in the Second, Third or Fourth Schedule to the Indian Medical Central Council Act, 1970 (for short, the Central Act), have right to registration in grade 'A' or 'B' or have a right to practice Ayurvedic Indian System of Medicine? Item No. 25 of list III (Concurrent List) deals with Education, including technical education, medical education and universities, subject to the provisions of Entries 63, 64, 65 and 66 of List-I, vocational and technical training of labour. It will therefore be clear from the perusal of the aforesaid item 25 of List-Ill of the Constitution that the powers of the State Legislature and Parliament are concurrent but in case the Parliament has jurisdiction to legislate in accordance with entries 63, 64, 65 and 66 of List-I, and any legislature has been made by Parliament the power under item 25 of List-Ill shall not be exercised and if exercised it. shall be subject to the powers of the Parliament under List-I. In exercise of the aforesaid powers con






















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