Only qualified medical practitioners enrolled on a State Medical Register are entitled to practice medicine, and unrecognised institutes cannot issue valid medical certificates.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the Respondents from in any way interfering with the petitioners right to practice and prescribe alternative medicines strictly in conformity with the Certificate of Community Medical Services to carryon lawful occupation under Article 19 (1)(g) of the Constitution of India by considering their representation dated 15.07.2015, in view of the law declared in Dr.Mukhtiar Chand case (1998 (7) SCC 579).)

1. The writ on hand has been instituted to forbear the respondents in any way from interfering with the petitioners'' right to practice and prescribe alternative medicines strictly in conformity with the Certificate of Community Medical Services to carryon lawful occupation under Article 19 (1)(g) of the Constitution of India by considering their representation dated 15.07.2015.

2. All the petitioners jointly filed the present writ petition stating that they are the practitioners of alternative medicines like Acupuncture, Electropathy, Hypnotherapy, Egnettherophy and Yoga etc. The petitioners have undergone Community Medical Service Certificate Course (CMS) and successfully completed the course and obtained a Diploma in CMS. The course was for a period of six months which includes teaching and training classes. The petitioners state that they gained experience in examining, diagnosing and treating the patients.

3. The grievances of the petitioners are that they are being obstructed by the Police authorities and other medical departmental authorities while practising alternate medicine in their respective locations. Since the petitioners were intercepted periodically, they have submitted a representation to the Government to recognise their medical practice which is otherwise in accordance with the course undergone by them.

4. The learned counsel for the petitioners mainly contended that the petitioners have completed six months Community Medical Service Course which is a Diploma Course and thereafter, continued to practice medicine. Therefore, the respondents must be restrained from initiating action against the writ petitioners while practising alternate medicine in their alternate locality.

5. The learned Additional Government Pleader appearing on behalf of the respondents contended that the writ petitioners are not qualified medical practitioners. They have not undergone any recognized medical courses being conducted under the provisions of the statute or rules in force. The Diploma in Community Medical Services Certificate Course issued in favour of the writ petitioners by the National Board of Alternate Medicine is not a recognized institute itself but it is a private institute and therefore, such diploma courses conducted for six months cannot be considered as a valid course for the purpose of granting permission to the writ petitioners to practice alternate medicine. The petitioners have not defined the alternate medicines or explained their area of medical practice. They generally contended that they are practising alternate medicine which cannot be accepted.

6. The treatments if any given by the petitioners cannot be trusted upon and unqualified persons like the petitioners cannot be permitted to treat the patients which would be disastrous and thus, the writ petition is to be rejected.

7. No doubt alternate medicine is available across the country but practising medicines should be only by qualified medical practitioners. Unqualified persons cannot claim any right to practice alternate medicines. In this regard, Section 2(f) of the Indian Medical Counsel Act 1956 states that “''medicine'' means modern scientific medicine in all its branches and includes surgery and obstetrics, but does not include veterinary medicine and surgery;” As per Section 15(2) (b) “no person other than a medical practitioner enrolled on a State Medical Register shall practice medicine in any state;” Thus, the pet