Moidu, J.-The sole question argued in this Criminal Revision Petition is that rules 3. 6, 11 and 13 in the Vaccination in rural areas transferred from former Madras State to the Kerala State Rules, 1964 made under sections 81 and 129(i) of the Madras Public Health Act, 1939 (III of 1939) are invalid, inoperative and unconstitutional as violative of Article 25 of the Constitution of India. The facts which led to the filing of this Criminal Revision Petition may be stated first.

2. The petitioner is a homeopathic practitioner and a staunch believer in the efficacy of that system of medicine. By a notice dated 8th July, 1969, of the first respondent, Health Inspector, Koduvayoor Health Centre, the petitioner was informed that his daughter, one Jayasree aged 5½ shall be produced for inspection and vaccination as a protection against small-pox, on 15th July, 1969, at the time and place specified in that notice. The notice was issued under rule 3(iii) read with rule 11(ii)(d) of the above Rules. The petitioner did not produce the child, though he acknowledged the notice. So the petitioner was prosecuted before the Sub-Magistrate, Chittur, for an offence under rule 13(a) of the Rules, whic

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