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2024 Supreme(Online)(ALL) 205
HIGH COURT OF ALLAHABAD (LUCKNOW BENCH)
Hon'ble Vivek Chaudhary,J. and Hon'ble Om Prakash Shukla,J.
Rajesh Kumar S/O Ram Khelawan Singh And Anr. – Appellant
Versus
Union Of India Thru Secy. Ministry Of Health And Family Welfar – Respondent
WRIT - C No. - 6856 of 2009 at Lucknow
Petitioner: Vikas Singh
Respondent: C.S.C. , A.S.G. , Murli Manohar Srivastava and Raj Kumar Singh
Practitioners of Electro Homeopathy may operate without a ban, but cannot confer degrees or use the title 'Doctor' until recognized by law.
Headnote:(A) Electro Homeopathy - Practice and Regulation - The petitioners sought to quash orders preventing them from practicing Electro Homeopathy in Uttar Pradesh, relying on various government orders and a Supreme Court judgment affirming no ban on practice as long as it adheres to existing guidelines. (Paras 1, 10, 17)
(B) Legal Recognition - The court clarified that while no degrees or diplomas can be conferred in Electro Homeopathy, practitioners may operate within the parameters set by the Central Government's orders. (Paras 10, 16)
(C) Authority of Government - The right to regulate Electro Homeopathy lies with the Central Government, and the State Government must comply with its directives. (Paras 9, 12)
Facts of the case:
The petitioners, certified by Count Mattei Association, claimed the right to practice Electro Homeopathy in Uttar Pradesh despite state regulations prohibiting it.
Findings of Court:
The court held that the petitioners can practice Electro Homeopathy as long as it is not banned, but cannot use the title 'Doctor'.
Issues: The main issues were the legality of practicing Electro Homeopathy in Uttar Pradesh and the authority of the Central Government over state regulations.
Ratio Decidendi: The court ruled that there is no ban on practicing Electro Homeopathy, but practitioners cannot confer degrees or diplomas unless recognized by law.
Result: Writ petition stands disposed of.
Page No. 2 of 15 (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) During the course of arguments, inviting our attention to the order dated 05.05.2010 issued by the Ministry of Health and Family Welfare, Government of Health Research, Government of India, New Delhi, learned Counsel for the petitioners has submitted that as the order dated 05.05.2010 (supra) clarified the position that the order dated 25.11.2003 does not bar the development and research of Electro Homeopathy and there was no proposal to stop the practice or imparting of education in the field of Electro Homeopathy as long as same was done within the parameters of order dated 25.11.2003 till such time a legislation was enacted, the petitioners do not wish to press for reliefs relating to quashing of Order/Circular dated 25.11.2003 (supra) and Government Order Dated 01.06.2004 (supra) and they have confined their prayer to the other reliefs as mentioned in this writ petition.
(4) Shorn off elaborate factual details of the present case, it would be apt to mention that the petitioners claiming to be resident of Page No. 3 of 15 District Hardoi and Faizabad, respectively, have obtained Certificate from the respondent no.5-Count Mattei Association to practice Electro Homeopathy System of medicines.
According to them, by virtue by the said certificate, the petitioners can practice Electro Homeopathy System of medicine in State of Punjab, State of Delhi, State of Maharashtra, State of West Bengal, State of Kerala and other States. However, the petitioners with the said certificate were not permitted to practice in Electro Homeopathy System of Medicine in the State of U.P. as till date State of U.P. has not made any law in this regard. In this background, they pray for the limited prayer of non-interference by the State/respondents and permitting petitioners to practice Electro Homoeopathy system of Medicine in the State of Uttar Pradesh.
(5) The learned Counsel for the petitioners elaborating their arguments have submitted that (I) In compliance of the order dated 11.10.2010 passed by this Court in Writ Petition No. 3992 of 2004, the Ministry of Health and Family Welfare (Department of Health Research), Government of India, has issued an order dated 21.06.2011, clarifying that the order dated 25.11.2003 and order dated 05.05.2010 would be treated as instructions of the Government of India, relating to practice, education and research with regard to alternative system of medicine like Electropathy, Electro Homepathy etc. According to the learned Counsel, a bare perusal of the order dated 21.06.2011 reveals that there Page No. 4 of 15 was no legal impediment in imparting education as long as no degree/ diploma is awarded/issued for that course and that the practitioners of Electro Home
