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2010 Supreme(MP) 544
IN THE HIGH COURT OF MADHYA PRADESH (JABALPUR BENCH)
Arun Mishra and Mr. Justice S.C. Sinho
Bhartiya Alternative Medical Foundation and Ors.
Vs.
State of M.P. and Ors.
W.P. No. 7352/2007
Decided On: 22.07.2010
The main legal point established in the judgment is that the state government cannot be compelled to legislate to recognize a particular system of medicine, as highlighted by the amendments made in the Adhiniyam, 1973.
Headnote:
Electro Homeopathy - Medical Education - M.P. Chikitsiya Shiksha Sanstha (Niyantran) Adhiniyam, 1973 - Section 7-C, Section 8 - The court discussed the legislative intent behind the amendments made in the Adhiniyam, 1973, which prohibited the establishment and administration of institutions of medical education in Electro Homeopathy without prior permission from the State Government. The court highlighted the penal provisions for violations and emphasized that the state government cannot be compelled to legislate to recognize a particular system of medicine.
Fact of the Case:
The petitioners sought to quash orders and directives related to the practice and education of Electro Homeopathy System of Medicine. They argued that the state was bound to legislate as per previous court directions and recognize the system of medicine. The state contended that the Adhiniyam, 1973 had been amended to regulate medical education within the state.
Finding of the Court:
The court found that the amendments to the Adhiniyam, 1973 clearly prohibited the establishment and administration of institutions of medical education in Electro Homeopathy without prior permission from the State Government. The court emphasized that the state government cannot be compelled to legislate to recognize a particular system of medicine.
Issues: The issues revolved around the legality of the orders and directives related to the practice and education of Electro Homeopathy System of Medicine, and the compliance with the amended Adhiniyam, 1973.
Ratio Decidendi: The court's decision was based on the legislative intent behind the amendments made in the Adhiniyam, 1973, which clearly prohibited the establishment and administration of institutions of medical education in Electro Homeopathy without prior permission from the State Government. The court emphasized that the state government cannot be compelled to legislate to recognize a particular system of medicine.
Final Decision: The court dismissed the writ petitions, stating that the petitioners' claims were devoid of merit. The parties were left to bear their own costs.
Arun Mishra, J.
1. In W.P. No. 7352/2007, prayer has been made for quashing order (P-4) dated 11.4.2007 passed by Principal Secretary, Department of Medical Education, Madhya Pradesh, Bhopal. Prayer has also been made to direct the Respondents to permit the Petitioner institution to practice and impart education in alternative system of Electro Homeopathy System of Medicine in accordance with law. Prayer has also been made to issue mandamus directing Respondents State to formulate the rules and Regulation as well as guidelines by bringing regulatory legislation for Electro-Homeopathy System as per direction of Delhi High Court passed in W.P. No. 4015 of 1996.
2. In W.P. No. 2242/2007 prayer has been made to quash order dated 22.1.2007 and communications dated 6.2.2007 and 3.2.2007 issued by the Respondents. Further prayer has been made to permit the Petitioner institution/ College established at Baihar, Balaghat to function and direct the Respondents to grant registration to the Petitioner institution.
3. In W.P. No. 7770/2007, prayer has been made to quash order dated 11.4.2007 passed by Respondent No. 2. Further prayer has been made to direct the Respondents to comply with order passed in W.P. Nos. 310/98 and 3990/95 to frame rules and Regulations with respect to Electro Homeopathy System of Medicine.
4. In W.P. No. 7457/2007, prayer has been made to quash order dated 11.4.2007 and to permit Petitioner institution to impart education in Electro Homeopathy System of Medicines.
5. In W.P. No. 8253/2007 prayer has been made to declare the provision of Section 7-C and 8 of M.P. Chikitsiya Shiksha Sanstha (Niyantran) Adhiniyam, 1973 (hereinafter referred to as the Adhiniyam, 1973) as ultra vires.
6. The facts are being referred to from W.P. No. 7352/2007. It is averred in the petition that Petitioner institutions are imparting instructions in electro homeopathy by using medicines of electro homeopathy, harmless, devoid of all chemicals, minerals and metals etc. The Electro Homeopathic System was invented in the year 1865 in the city of Bologna in Italy by Count Ceaser Mattei. It has spread over and developed in various countries like Germany, Switzerland, United Kidgdom, Pakistan, Ghana, United Arab Emirates, Poland, Russia etc. It is asserted that electro homeopathy is the most natural and harmless system of medicines. Same is dependent upon the vegetable kingdom. Electro homeopathic remedies generate greater power, restoring capacity, arresting organic changes than all the drugs mentioned in other pharmacopoeias. The Electro Homeopathic Medicines are essences, juices, extracts of various plants and its various organs prepared through cohobation/ cold fermentation process propounded by Theophrastus Von Hahenheim and known as the 'Spagiric way'. It is submitted that High Court of Delhi vide order dated 18.11.1998 issued direction to the Central/State Government to make legislation prescribing: (i) the grant of licence to the existing and new institutes conducting courses in Electropathy and other alternative system of medicines, (ii) minimum standards of education and check on the functioning of such institutes, (iii) minimum qualifications for getting admission in such institutes and (iv) conditions entitling these institutes to issue diplomas and certificates and right to use the prefix 'Doctor' and to issue medical certificates to the patients by diploma/certificate holders from such institutes. The State of M.P. was bound to comply with the directions contained in order dated 18.11.1998 and to make legislation recognizing the Electro Homeopathic System of Medicine.
7. Several writ petitions were filed in this Court, one of which M.P. No. 2018/92 National Development Society of Electro Homeo. and Ors. v. State of M.P. and Ors. was allowed by this Court, which was decided along with several other writ petitions vide common order dated 19.3.1999. Another writ petition W.P. No. 3990/1995 was decided by this Court vide order (P-3) d
