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VIVEK CHAUDHARY, OM PRAKASH SHUKLA
Rajesh Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT
Om Prakash Shukla, J.
The petitioners claiming to have obtained Certificate from the respondent no.5-Count Mattei Association to practice Electro Homeopathy System of Medicines, has approached this Court by way of the present writ, praying inter-alia for quashing the order/circular dated 25.11.2003 (Annexure-1) issued by the Union of India and Government Order dated 01.06.2004 (Annexure-41) issued by the State of Uttar Pradesh. A direction for non-interference by the respondents and consequential relief of permitting them to practice Electro Homoeopathy system of alternate Medicine in the State of Uttar Pradesh, till the rules in that regard are framed by the competent authority, has also been sought by them. Reliance is placed upon a judgment of the Delhi High Court (Annexure-14 and 15), which according to them, stands affirmed by the Supreme Court (Annexure-16 & 17).
2. Heard Shri. Vikas Singh, learned Counsel representing the petitioners, Shri. Raj Kumar Singh, learned Counsel representing the respondent no.1/Union of India, learned Standing Counsel for the State/respondents no. 2 to 4 and Shri. Murli Manohar Srivastava, learned Counsel representing the respondent no.5.
3
Practitioners of Electro Homeopathy may operate without a ban, but cannot confer degrees or use the title 'Doctor' until statutory recognition is established.
Practitioners of unrecognized medical systems like Electropathy cannot legally practice medicine without valid qualifications recognized by the Government.
The Ministry of AYUSH lacks authority under Section 12A of the Homeopathy Central Council Act to deny extension of approval to existing colleges despite compliance with new regulations, prioritizing ....
The court emphasized that any educational regulations for admissions, such as NEET, must comply with statutory procedures, failing which they are rendered unenforceable.
The UOI cannot impose NEET qualifications for AYUSH admissions without legislative backing, as executive actions cannot override statutory regulations.
Institutions are not entitled to admit students without valid permission from statutory authorities, and no statutory provision empowers institutions to grant provisional permission to admit students....
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