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2010 Supreme(Mad) 528

K.K.SASIDHARAN
Dr. K. Abdul Muneer & Another – Appellant
Versus
The State of Tamil Nadu, rep. By its Secretary to Government, Health and Family Welfare Department, Chennai & Others – Respondent


Advocates Appeared:
For the Petitioners:G. Rajagopalan, Senior Counsel for P. Tamilvel, Advocate.
For the Respondents:R1, R2 & R4, S. Gopinathan, A.G.P., R3, B. Saraswathi, Advocate.

Judgment :-

The claim of Unani Medical Practitioners to practice in the Allopathic system of medicine without their name being registered under the Indian Medical Council Act, 1956 is the core issue to be decided in this writ petition.

The facts :-

2. Thepetitioners are qualified Unani medical practitioners. They have filed this writ petition for issuance of a Writ of Mandamus forbearing the respondents 1 and 2 from in any manner preventing them from practicing allopathic medicine based on the training and teaching in the BUMC degree course.

3. In the affidavit filed in support of the writ petition, the petitioners contended thus :-

(a) The petitioners have undergone Bachelor of Unani Medicine and Surgery Course and successfully completed the course and obtained a degree in BUMS. The BUMS Course was for a period of 5 ½ years in which five years was for theory and six months for internship (house surgeon) which includes teaching and training in Allopathy medicines. The training was given in the Government hospitals.

.(b) During the period of 5½ years of training, the petitioners were taught with with allopathy medicines and the method of treatment. The BUMS syllabus includes handl



































































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