A medical practitioner qualified in one system of medicine (e.g., Electrohomeopathy) is not entitled to practice another system (Allopathy) without the requisite recognized qualifications and registration; such regulatory restrictions are reasonable under Article 19(1)(g) of the Constitution of India to protect public health.

(Delivered by Indrajeet Shukla, J.)

1. Heard Mr. Ashok Kumar Singh, learned Counsel for the petitioner and Mr. Akhilesh Kumar Tripathi, learned Standing Counsel appearing on behalf of respondent nos.1 to 5.

2. The writ petition assails the order dated 16.02.2026 passed by fourth respondent/Chief Medical Officer, Etah, District Etah, whereby the hospital of the petitioner has been sealed in compliance of letter no.1670/(1)/03.06.2024/ issued by the Principal Secretary, Government of U.P. Further, the petitioner has prayed for the issue of a writ in the nature of mandamus commanding State authorities to permit the petitioner to operate his Clinic and practice modern medicine.

3. Facts in brief are being delineated as under:

(i) The petitioner claims that he has obtained Vocational Certificate Code No.802 (Community Health) in the year 2005 from the National Institute of Open Schooling and based on said certificate is eligible to practice modern scientific medicine.

(ii) The petitioner was put under notice on 26.06.2019 by the Chief Medical Officer, Etah to submit his degrees and educational record entitling him to practice medicine to which the petitioner replied on 03.07.2019. Thereafter, he again submitted a detailed stand on 27.12.2024, annexing all his academic testimonials with a request to withdraw the notice.

(iii) The petitioner was lastly served with a show cause notice dated 01.05.2025 for the closure of his Clinic, which impelled the petitioner to knock the doors of this Court by virtue of Writ-C No.41953 of 2024 (Santosh Kumar Sharma Vs. State of U.P.). The said writ petition was disposed off on 08.01.2026 with following order:

“1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

2. The petitioner has been issued show cause notice dated 01.05.2025 for certain deficiency found in the clinic of the petitioner and also sealed the clinic.

3. It appears from the show cause notice that three days' time has been granted to the petitioner to submit documents as sought for.

4. Learned counsel for the petitioner has contended that several replies to the show cause notice have been given by the petitioner, but the competent authority has not yet considered the same.

5. Learned Standing Counsel would submit that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to the competent authority to consider the grievance of the petitioner.

6. In view of the aforesaid facts, we dispose off the writ petition permitting the petitioner to file a detailed objection/representation against the show cause notice dated 01.05.2025 before the respondent no.4-Chief Medical Officer, Etah within a period of two weeks from today. On filing such objection enclosing earlier objections filed against the said show cause notice, the respondent No.4 is directed to decide the objection of the petitioner against the show cause notice within a period of one month from the date he receives the objection of the petitioner, after giving due notice and opportunity of hearing and supplying all materials to be relied upon by the authority concerned against the petitioner.”

(iv) The petitioner submitted an exhaustive representation in compliance of order dated 08.01.2024 along with relevant documents which he relied upon, to show his authority to practice medicine, but hi