A person can only practice Ayurvedic medicine if they possess the requisite recognized qualification for registration as an Ayurvedic medical practitioner, as specified in the Central Council of Indian Medicines Act, 1970, and the U. P. Indian Medicines Act, 1939.

( 1 ) PETITIONER filed this writ petition challenging the order of the Chief Medical Officer, Pilibhit dated 31-12-91 by which the Chief Medical Officer directed the petitioner not to practice as a Medical Practitioner unless he gets himself registered as a medical practitioner by the Registrar, Indian Medicines Board, U. P. The petitioner prayed for quashing of the order of the Chief Medical Officer, Pilibhit dated 31-12-91 and also prayed for issuing a writ of mandamus directing the respondents not to interfere in the petitioners functioning as a medical practitioner in Ayurvedic.

( 2 ) THE petitioner claimed to have obtained a degree in Vaidya Visharad from Hindi Sahitya Sammelan, Allahabad in the year 1987. He stated to have got himself registered vide Registration No. 72305 in Rajkiya Ayurvedic Evam Unani Chikitsa Parishad, Bihar on 9-12-88. Apparently, on the basis of the alleged degree of Vaidya Visharad, from Hindi Sahitya Sammelan, Allahabad, petitioner claimed to have appeared in the examination of Ayurved Ratna from Hindi Sahitya Sammelan, Allahabad. A photostat copy of the mark-sheet for Ayurved Ratna, II part dated 21-8-90 has been annexed as Annexure 3 with the petition. The petitioner pleaded to have been registered by a State Council of Ayurvedic and Unani Medicines, of Bihar, Patna registering the petitioner as a Vaidya practicing at Village Jalapur Distt. Samastipur, Bihar. The petitioner sent an application for changing his place of residence and practice to the State Council of Ayurvedic and Unani Medicines, Patna and a Memo No. 353 dated 30/01/1991 has been annexed showing that the petitioners enlistment registration certificate has now been shown with its changed address showing Mohalla New Basti, Ward No. 15, Ghyaspur, Bishapur Distt. Pilibhit.

( 3 ) THE Medical Inspector from the office of the Chief Medical Officer, Pilibhit went to the clinic of petitioner situate at Mohalla Nai Basti Ward No. 15 Bishalpur Distt. Pilibhit on 22-10-91. The petitioner stated that the Medical Inspector enquired about the petitioners registration and authority to practice as a medical practitioner. The petitioner stated to have informed the respondent No. 3 and submitted to him the copies of the certificates and documents namely (i) certificate of Vaidya Visharad 1st year 1982, (ii) certificate of Vaidya Visharad II year 1987, (iii) certificate of Ayurved Ratna 1st year 1988, (iv) certificate of Ayurved Ratna IInd year 1989, and also certificate of publication of Amar Ujala and circular of change of address. The petitioner stated that since he possessed qualification in Ayurved for practicing medicine, he was legally doing the practice of Indian Medicines (Ayurvedic) at his village.

( 4 ) THE petitioner stated to have received the letter dated 31-12-91 issued by the Chief Medical Officer, Pilibhit directing not to practice medicines unless he obtained registration from the Bhatiya Chikitsa Parishad, U. P. Lucknow.

( 5 ) IN our Country and specially in our State, the number of qualified medical practitioners have been much less than the required number of such persons. The scarcity of qualified medical practitioner was previously quite large since there were very few institutions imparting teaching and training to Doctors, Vaidyas and Hakims. The position has now changed and there are quite a good number of medical colleges imparting education in Allopathic system of medicines and similar treatments system of Homoeopathy, Ayurvedic, Tibbi, Hakimi etc. Now no doubt there are sufficient number of such institutions training qualified medical practitioner still there is scarcity of qualified medical practitioner at number of places. The persons having no recognized and approved qualifications are becoming medical practitioner having little knowledge about the medical science, Ayurvedic, Homoeopathy, Hakimi starts practicing as a medical practitioner and play with the lives of thousands and millions of people.