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2003 Supreme(All) 1171

M.KATJU, R.S.TRIPATHI
UMA KANT TIWARI AND ORS. – Appellant
Versus
STATE OF U. P. AND ORS. – Respondent


Advocates Appeared:
B.N.SINGH, R.K.JAIN, RAHUL JAIN

M. KATJU, J.

( 1 ) THIS writ petition has been filed for a writ of mandamus directing the respondents not to interfere with the practicing of the petitioners as Vaidya in Ayurvedic System of Medicine and surgery in U. P. and to declare the words "to 1967" in fourth column of Entry No. 105 regarding vaidya Visharad and Ayurved Ratna of Second Schedule Part-I of the Indian Medicine Central council Act, 1970, as ultra vires Section 14 (1) of the Act. The petitioners have also prayed for declaring Section 14 of the aforesaid Act as ultra vires Article 14 of the Constitution and for declaring certain provisions of the U. P. Medicine Act as ultra vires.

( 2 ) HEARD learned counsel for the parties.

( 3 ) IN para 3 of the petition it is alleged that the petitioners are medical practitioners in Ayurvedic system of Indian Medicine and some of them have degrees of Ayurved Ratna or Vaid Visharad or both from Hindi Sahitya Sammelan, Allahabad or Hindi Sahitya Sammelan, Prayag from the year 1982 onwards. In para 4 of the petition it is alleged that the petitioners are registered at vaidyas with Rajkiya Ayurvedic Evam Unani Chikitsa Parishad. Patna, Bihar under the Bihar development of Ayurvedic












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