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2010 Supreme(MP) 620

ARUN MISHRA, SUSHMA SHRIVASTAVA
Private Homeopathy Doctors Association and two – Appellant
Versus
State of Madhya Pradesh and two – Respondent


ORDER

Arun Mishra, J.

1. This petition has been preferred by the Petitioners claiming relief to declare Section 24 of M.P. Ayurvigyan Parishad Adhiniyam, 1987 as ultra vires. A prayer has also been made to direct the Respondents to allow the doctors registered under Homoeopathic System of Medicines to impart life saving drugs in emergency in the same manner as it has allowed to the Ayurvedic Doctors with Modern Medicine and Surgery.

2. It is averred by the Petitioners that the Petitioner No. 1 is a duly registered society under the M.P. Society Registration Adhiniyam, 1973. In Madhya Pradesh Homoeopathic Doctors are not permitted to use life saving Allopathic Drugs in emergency situation, while Xth Class pass workers are allowed to use these drugs. The action of the Respondents in prohibiting the Petitioners to use life saving drugs is totally unjust. The holders of DHMS qualification are not permitted to impart the aforesaid life saving Allopathic Drugs, though they have obtained instructions in practical course and introduction of Allopathic subjects, to deal with emergency situations.

3. It is further averred in the petition that they have also been given training for the use of lif



















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