Ratio:
Only those persons who got registered their names in the register maintained under the Indian Medical Council Act, 1956 can practice Allopathy medicine.

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 handling of allopathy medicines and methods of treatment. The petitioners were given enough training in the Kilpauk Medical College Hospital to handle the emergency patients with allopathy medicines. In the first and second years, BUMS students attended common classes along with MBBS students on the subject of Anatomy, Physiology and Biochemistry.

.(c) Unani medicines are given as treatment in petitioners clinic. Besides this, allopathy medicines are also given to the patients based on the emergency needs of the patients. In fact, the MBBS Doctors are also giving Indian Medicine treatment at times, when the patients requires such treatment. The Unani treatment method is a slow and steady one. Patients who approach the Doctors with disease at the early stage could be given treatment in Unani Method. However, when the patients comes at the later stage of disease, then allopathic method should be followed initially to bring the patient within the capability of withstanding the slow sided treatment of Unani medicines. Therefore, based on the stage of the disease, patients are treated with Unani and Allopathy medicines in the respective clinics of the petitioners and allopathy medicine is used only to the limited extent, in accordance with the teaching and training given to them while studying for the BUMS Degree course.

.(d) Both the petitioners completed their BUMS Degree course and internship on Indian Medicine during the year 1991. The petitioners are regularly renewing their registration once in five years as per law. The petitioners were administering Allopathy medicines along with Unani Medicine for all these years. However, of late, Chennai City Police attempted to interfere in their profession. On 12 December 2001, the Station House Officer attached to H-1 Police Station of Old Washermanpet came to the clinic of the first petitioner and conducted a search and informed the clinic employees that he would be arrested for practicing allopathy medicine. Similar raids were conducted by the police on subsequent occasions also. Therefore, the Unani Doctors Association submitted series of representations before the first respondent to stop the harassment by police. However, there was no follow up action. In the said circumstances, the petitioners have filed this writ petition for issue of a writ of mandamus forbearing respondents 1 and 2 from preventing the petitioners from using or administering allopathy medicines along with Unani medicines.

4. Director of Medical and Rural Health Services Chennai, the fourth respondent in the writ petition filed a counter with the following contentions:-

(a) The syllabus of the course of BUMS is not similar to that of MBBS Degree course. As per Section 15(2)(b) of the Indian Medical Council Act, 1956, "no person other tha