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IN THE HIGH COURT OF ALLAHABAD
SUNIL AMBWANI
CHARAN SINGH - Appellant
Versus
STATE OF U. P. - Respondents
Civil Misc, Writ Petition 23232 Of 2004
Decided On : 06/25/2004
Indian Medicine Practice - Unrecognized Qualifications - U.P. Indian Medicine Act 1939, U.P. Indian Medicine Institutions Act 1982, Indian Medicine Central Council Act 1970 - The court found that only those medical practitioners who hold qualifications from specific institutions can be registered and practice Indian Medicine in the State of U.P. The petitioners, holding unrecognized qualifications, were not entitled to practice in U.P.
Fact of the Case:
The petitioners claimed to be trained, qualified, and registered medical practitioners in Indian Medicine and sought a direction to not interfere in their practice in U.P.
Finding of the Court:
The court found that the petitioners, holding unrecognized qualifications, were not entitled to practice Indian Medicine in U.P. and their reliefs could not be granted.
Issues: The main issue was whether the petitioners, holding unrecognized qualifications, were entitled to practice Indian Medicine in U.P.
Ratio Decidendi: The court held that only those medical practitioners who hold qualifications from specific institutions detailed in the U.P. Indian Medicine Act 1939, U.P. Indian Medicine Institutions Act 1982, and Indian Medicine Central Council Act 1970 can be registered and practice Indian Medicine in U.P.
Final Decision: The court dismissed all the writ petitions, stating that the petitioners, holding unrecognized qualifications, were not entitled to practice Indian Medicine in U.P.
( 1 ) HEARD S/sri R, K. Tripathi, s. P. S. Rathore B. N. Pandey for petitioners and learned standing counsel. This matter has been placed before me in vacations under the Rules of the Court, after nomination by senior Vacation Judge dated 24-6-2004.
( 2 ) IN Writ Petition No. 23232 of 2004, the petitioners 1 and 4 have passed vaidya visharad Examination of Hindi Sahitya sammelan, Prayag, in the year 1977, and have thereafter worked as Pharmacists at indian Ordinance Factories at Muradnagar, after getting themselves registered with the state Council Ayurvedic Evam Unani Medicine Bihar Patna, and Haryana and Punjab ayurvedic and Unani Chikitsa Parishad board, Shimla respectively. The petitioner no. 2 has passed Vaidya Visharad Examination in the year 1996 and is enrolled with rajkiya Ayurvedic and Chikitsa Parishad. Bihar, on 5-4-1996, and that the petitioner no. 3 has passed H. M. B. S. Examination (Bachelor of Homeopathic Medicine and surgery) and is registered with Sathi Homeo medical College, Laharia Sarai (Bihar) dated 25-7-1983. All the petitioners claimed to be trained, qualified and registered medical practitioners in Indian Medicine and after having changed their addresses from Bihar to Uttar Pradesh, they are practising in Indian Medicine in U. P. at Ghaziabad. They have prayed for a direction in the nature of mandamus directing the respondents not to interfere in their peaceful practice, in their respective clinics.
( 3 ) IN Writ Petition No. 23267 of 2004, petitioner Nos. 1 and 10 claims to have passed ayurved Shastri examination in the year 2002, from Ch. Charan Singh Memorial Ayurvedic College Baraut, Bagpat and rashtriya Ayurvedic College Suhagpur dhampur (Bijnor) 1987, respectively, vide a certificate Issued by Ayurvedic Chikitsa parishad, U. P. Indira Nagar, Dhampur, bijnor, U. P. The petitioner Nos. 2, 3, 4, 5, 6, 7, 8 and 9, claim to have passed the Final examination of Diploma in Ayurvedic Medicine (D. A. M.) from Maharishi Charak ayurvedic and Unani Medical College hashimpura, Deoband Saharanpur (all in the year 2002 ). The provisional certificates issued to them bears a note that the certificate is subject to the final decision of the honble High Court, Allahabad (U. P. ). These petitioners have deposited Rs. 3000/- towards registration fees for registration with board of Indian Medicine, U. P. One registration certificate of Aslam Ali Khan, son of azhar AH Khan has been annexed as annexure-3, to establish that a person qualified from the same institution has been registered in U. P. None of the petitioners have been registered by the Board of Indian Medicine, U. P. so far. There is no pleading or proof of the qualifications and registration of remaining petitioners.
( 4 ) IN Writ Petition No. 23363 of 2004, the petitioner Dr. Rakesh Kumar Gupta claims to have passed "vaidya Visharad from hindi Sahitya Sammellan Prayag and is enrolled with State Council of Ayurvedic and unani Medicines Bihar Patna and thereafter got the change of address to Farrukhabad (U. P.), under the Bihar Development of ayurvedic and Unani System of Medicine Act 1951 on 5-12-2003.
( 5 ) IN Writ Petition No. 23350 of 2004, all the petitioners claim to have obtained degrees of the Unani System of Medicine and are registered under the Council of Unani medicine West Bengal Calcutta, with their addresses at Howrah and 24 Pargana, under Section 21 (2) of Paschim Bangal Unani system of Medicine Act 1979. All these certificates have been issued on the same date on 8-1-1985. These petitioners are not registered with the Board of Indian Medicine u. P. The have relied upon certain orders passed by this Court, in relation to some other persons directing Board of Indian medicine U. P. to decide representation for registration. There is no averment in these writ petitions about their qualifications or that the petitioners have applied for registrations to Board of Indian Medicine U. P.
( 6 ) IN Writ Petition No. 23331 of 2004, all t
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