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2024 Supreme(Online)(KER) 12068
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945
WP(C) NO. 8301 OF 2015
PETITIONER:
DR.K.T.THOMAS,
AGED 68 YEARS, S/O.K.C.THOMAS, KUTTOTHARA HOUSE,
VELLAKKUVETTOM P.O., PUNALUR, KOLLAM DISTRICT-691 305.
BY ADV SRI.S.S.RAJESH
RESPONDENTS:
1
STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001.
2
THE CENTRAL COUNCIL OF HOMOEOPATHY,
REPRESENTED BY ITS SECRETARY, 10-COMMUNITY CENTRE,
BASANI LOK, VASANT VIHAR, NEW DELHI-110 057.
3
THE REGISTRAR,
TRAVANCORE COCHIN MEDICAL COUNCIL,
NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM - 695 001.
4
UNION OF INDIA,
REPRESENTED BY SECRETARY,
MINISTRY OF HEALTH AND FAMILY PLANNING,
NEW DELHI – 110 001.
5
DIRECTOR GENERAL OF POLICE,
OFFICE OF THE DIRECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM - 695 001.
6
DISTRICT COLLECTOR,
OFFICE OF THE COLLECTOR, KOLLAM - 691 001.
7
DISTRICT MEDICAL OFFICER,
KOLLAM - 691 001.
BY ADVS.
SRI.N.RAGHURAJ, SC, TCMC & KNMC
SRI. MANU S (DSGI),
SRI. VENUGOPAL V (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2024, ALONG WITH WP(C).10651/2018, 1012/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945
WP(C) NO. 10651 OF 2018
PETITIONER:
DR. SANTHOSH S.S,
AGED 42 YEARS
SOMASUNDARAN, 42, MURUKAVILASAM,KATTACHALKUZHI
P.O., VENGANOOR,NEYYATTINKARA, TRIVANDRUM
DISTRICT, KERALA.
BY ADV SRI.S.S.RAJESH
RESPONDENT
S
:
1
STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695 001.
2
THE REGISTRAR,
TRAVANCORE COCHIN MEDICAL COUNCIL,NEAR GENERAL
HOSPITAL,THIRUVANANTHAPURAM-695 009.
3
UNION OF INDIA,
REPRESENTED BY SECRETARY,MINISTRY OF HEALTH AND
FAMILY PLANNING,NEW DELHI-110 020.
4
DIRECTOR GENERAL OF POLICE,
OFFICE OF THE DIRECTOR GENERAL POLICE,
THIRUVANANTHAPURAM-695 001.
5
DISTRICT COLLECTOR,
OFFICE OF THE COLLECTOR,
KOLLAM - 691 008.
6
DISTRICT MEDICAL OFFICER,
KOLLAM-691 008.
BY ADVS.
SRI.N.RAGHURAJ, SC, TCMC & KNMC
SRI.S.MANU (DSGI)
SRI.VENUGOPAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945
WP(C) NO. 1012 OF 2015
PETITIONER:
DR.ANZARUDEEN E,
AGED 42 YEARS
S/O.K.R.KESAVAN, BEEN HUT, PERUNGUZHI (P.O.),
THIRUVANANTHAPURAM (DIST) - 695 305.
BY ADV SRI.S.S.RAJESH
RESPONDENTS:
1
STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM.
2
THE REGISTRAR,
TRAVANCORE COCHIN MEDICAL COUNCIL,
NEAR GENERAL HOSPTIAL, THIRUVANANTHAPURAM.
3
UNION OF INDIA,
REPRESENTED BY SECRETARY,
MINISTRY OF HEALTH AND FAMILY PLANNING, NEW
DELHI.
4
DIRECTOR GENERAL OF POLICE,
OFFICE OF THE DIRECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM.
5
DISTRICT COLLECTOR
OFFICE OF THE COLLECTOR,
THIRUVANANTHAPURAM.
6
DISTRICT MEDICAL OFFICER,
THIRUVANANTHAPURAM.
BY ADVS.
SRI.N.RAGHURAJ, SC, TCMC & KNMC
SRI.S.MANU (DSGI)
SRI.VENUGOPAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945
WP(C) NO. 12619 OF 2016
PETITIONER:
SIDHARTHAN VAIDHYAN,
AGED 56 YEARS,
S/O.LATE CHAKRAPANI VAIDYAR, PUNARJANI SIDDHA
MARMA CHIKILSALAYAM S.S.NIVAS, MEENAD EAST,
CHATHANOOR.P.O,M.C.PURAM, KOLLAM DISTRICT.
BY ADV SRI.S.S.RAJESH
RESPONDENTS:
1
STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2
THE REGISTRAR,
TRAVANCORE COCHIN MEDICAL COUNCIL,
NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM-695
001
3
UNION OF INDIA,
REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND
FAMILY PLANNING, NEW DELHI-110 001.
4
DIRECTOR GENERAL OF POLICE,
OFFICE OF THE DIRECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM-695 010
5
DISTRICT COLLECTOR,
OFFICE OF THE COLLECTOR, KOLLAM-691 013.
6
DISTRICT MEDICAL OFFICER,
KOLLAM-691 001.
BY ADVS.
SRI.N.RAGHURAJ, SC, TCMC & KNMC
SRI.M.N.MANMADAN, CGC
SRI.S.MANU (DSGI)
SRI.VENUGOPAL V (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945
WP(C) NO. 18495 OF 2016
PETITIONER:
M. SHAJAHAN MUSALIYAR VAIDYAN @ SHAJAHAN
MUSALIYAR AL KHADIRI,
AGED 55 YEARS
RABANI -HERIDIATARY UNANI ARABIC TREATMENT
CENTRE, DHARUL IJABA MANZIL, KAYYALAKKAL CHERRY,
PALLIMUKU PO, KOLLAM.
BY ADV SRI.S.S.RAJESH
RESPONDENTS:
1
STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM – 695001.
2
THE REGISTRAR,
TRAVANCORE COCHIN MEDICAL COUNCIL, NEAR GENERAL
HOSPITAL, THRIUVANANTHAPURAM – 695001.
3
UNION OF INDIA,
REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND
FAMILY PLANNING, NEW DELHI – 110001.
4
DIRECTOR GENERAL OF POLICE,
OFFICE OF THE DIRECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM – 695001.
5
DISTRICT COLLECTOR,
OFFICE OF THE COLLECTOR, MALAPPURAM – 676505.
6
DISTRICT MEDICAL OFFICER,
MALAPPURAM – 676505.
BY ADVS.
GOVERNMENT PLEADER
SRI.N.RAGHURAJ, SC, TCMC & KNMC
SRI.M.RAJENDRA KUMAR, CGC
SRI.M.RAJENDRA KUMAR CGC
SRI.N.RAGHURAJ, SC, TCMC KNMC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945
WP(C) NO. 27540 OF 2016
PETITIONER:
E.SHIHAB THANGAL HYDROSI VAIDYAN @ S.E.K.THANGAL
HYDROSI,
AGED 40 YEARS,
S/O.KOYA THANGAL,KHADIRIYA ARABIC COLLEGE AND
TREATMENT CENTRE,KAYYALAKKAL CHERRY,
ERAVIPURAM,THATTAMALA P.O, KOLLAM.
BY ADV SRI.S.S.RAJESH
RESPONDENTS:
1
STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM -695 001.
2
THE REGISTRAR,
TRAVANCORE COCHIN MEDICAL COUNCIL,NEAR GENERAL
HOSPITAL,THIRUVANANTHAPURAM -695 001.
3
UNION OF INDIA,
REPRESENTED BY SECRETARY,MINISTRY OF HEALTH AND
FAMILY PLANNING,NEW DELHI - 110 001.
4
DIRECTOR GENERAL OF POLICE,
OFFICE OF THE DIRECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM - 695 001.
5
DISTRICT COLLECTOR
OFFICE OF THE COLLECTOR,KOLLAM 691 001.
6
DISTRICT MEDICAL OFFICER
KOLLAM - 691 001.
BY ADVS.
SMT.PREMLATHA K. NAIR, CGC
GOVERNMENT PLEADER
SMT.PREMLATHA K. NAIR CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945
WP(C) NO. 27546 OF 2016
PETITIONER:
ABDUL SALAM,
AGED 53 YEARS,
S/O ABDULMAJEED, PARANKIMAMTHUNDIL
HOUSE,THRIPPALAZHIKAM CHERRY, KAREEPRA
VILLAGE,KOTTARAKKARA TALUK, THRIPPALAZHIKAM P.O.
BY ADV SRI.S.S.RAJESH
RESPONDENTS:
1
STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2
THE REGISTRAR,
TRAVANCORE COCHIN MEDICAL COUNCIL, NEAR GENERAL
HOSPITAL, THIRUVANANTHAPURAM-695 001.
3
UNION OF INDIA,
REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND
FAMILY PLANNING, NEW DELHI-110 001.
4
DIRECTOR GENERAL OF POLICE,
OFFICE OF THE DIRECTOR GENERAL OF
POLICE,THIRUVANANTHAPURAM-695 001.
5
DISTRICT COLLECTOR,
OFFICE OF THE COLLECTOR, KOLLAM-691 001.
6
DISTRICT MEDICAL OFFICER,
KOLLAM-691 001.
BY ADVS.
SRI.N.RAGHURAJ, SC, TCMC & KNMC
SRI.S.MANU (DSGI)
SRI.VENUGOPAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945
WP(C) NO. 28303 OF 2017
PETITIONER:
DR. AJAY RAJ M,
SOORYODAYAM,VALLABHANKARA,PUTHOOR.P.O., KOLLAM,
KERALA.
BY ADV SRI.S.S.RAJESH
RESPONDENTS:
1
STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO
GOVERNMENT,HEALTH AND FAMILY WELFARE
DEPARTMENT,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM.
2
INDIAN SYSTEM OF MEDICINE,
REPRESENTED BY ITS SECRETARY,MINISTRY OF AYUSH,
AYUSH BHAVAN,B BLOCK GPO COMPLEX, INA NEW DELHI-
110 023.
3
THE REGISTRAR,
TRAVANCORE- COCHIN MEDICAL COUNCIL,NEAR GENERAL
HOSPITAL,THIRUVANANTHAPURAM – 695 001.
4
UNION OF INDIA,
REPRESENTED BY SECRETARY,MINISTRY OF HEALTH AND
FAMILY PLANNING, NEW DELHI – 110 014.
5
DIRECTOR GENERAL OF POLICE,
OFFICE OF THE DIRECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM – 695 001.
6
DISTRICT COLLECTOR,
OFFICE OF THE COLLECTOR, TRIVANDRUM – 695 001.
7
DISTRICT MEDICAL OFFICER,
TRIVANDRUM – 695 001.
BY ADVS.
SRI.N.RAGHURAJ, SC, TCMC & KNMC
SRI.S.MANU (DSGI)
SRI.VENUGOPAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945
WP(C) NO. 32233 OF 2016
PETITIONER:
B SULFIKER MUSSALIAR @ HAKKIM SULFIKAR MUSALIAR,
AGED 39 YEARS,
S/O H.BADARUDHEEN, KHAJA MANZIL, VADAKKUM MURI
CHERRY, THAZHAVA VILLAGE, KARUNAGAPPALLY TALUK,
S.R.P.M.P.O, KOLLAM- 690 523
BY ADV SRI.S.S.RAJESH
RESPONDENTS:
1
STATE OF KERALA
REP. BY ITS SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2
THE REGISTRAR,
TRAVANCORE COCHIN MEDICAL COUNCIL, NEAR GENERAL
HOSPITAL, THIRUVANANTHAPURAM.
3
UNION OF INDIA,
REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND
FAMILY PLANNING, NEW DELHI.
4
DIRECOR GENERAL OF POLICE
OFFICE OF THE DIRECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM.
5
DISTRICT COLLECTOR,
OFFICE OF THE COLLECTOR, KOLLAM.
6
DISTRICT MEDICAL OFFICER,
KOLLAM.
BY ADVS.
SMT.MAHESWARY.G., CGC
GOVERNMENT PLEADER
SMT.MAHESWARY.G. CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945
WP(C) NO. 32971 OF 2017
PETITIONER:
SHAJAHAN USTAD,
AGED 58 YEARS,
S/O. SALAHUDEEN,PALLIVILA PUTHEN VEEDU,ELAMPA
P.O., VALAKKADE - 695 103.
BY ADV SRI.S.S.RAJESH
RESPONDENTS:
1
STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TOGOVERNMENT,
HEALTH AND FAMILY WELARE DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM – 695 001.
2
THE REGISTRAR,
TRAVANCORE COCHIN MEDICAL COUNCIL,NEAR GENERAL
HOSPITAL,THIRUVANANTHAPURAM – 695 001.
3
UNIOIN OF INDIA,
REPRESENTED BY SECRETARY,
MINISTRY OF HEALTH AND FAMILY PLANNING,NEW DELHI
– 110 001.
4
DIRECTOR GENERAL OF POLICE,
OFFICE OF THE DIRECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM – 695 001.
5
DISTRICT COLLECTOR,
OFFICE OF THE COLLECTOR, KOLLAM - 691 004.
6
DISTRICT MEDICAL OFFICER,
KOLLAM – 691 004.
BY ADVS.
SRI.N.RAGHURAJ, SC, TCMC & KNMC
SRI.S.MANU (DSGI)
SRI.VENUGOPAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
[WP(C) Nos.8301/2015, 10651/2018, 1012/2015, 12619/2016, 18495/2016, 27540/2016, 27546/2016, 28303/2017, 32233/2016, 32971/2017]
- The petitioners in these cases have approached this Court stating that they are entitled to an order exempting them from registration under the Travancore Cochin Medical Practitioners’ Act, 1953 (in short ‘ the Act’) under the proviso to Section 38 of the said Act.
2.The learned Government Pleader and the learned counsel appearing for the Travancore Cochin Medical Council would submit that the issue raised in these writ petitions is covered against the petitioners by the judgment of the Supreme Court in Kerala Ayurveda Paramparya Vaidya Forum v. State of Kerala and Others [2018(3) KHC 185]. Thereafter, a Division Bench of this Court in the judgment in Central Council of Indian Medicine and Others v. State of Kerala and Others [2020 KHC 759], held as follows:-
25. Therefore, it is clear that the question with respect to the powers of the State Government to grant exemption under the Act, 1953 vis-a-vis the provisions of the Central Act, 1970 was considered by the Apex Court also taking into account the judgment of the Apex Court in Dr. A.K. Sabhapathy (supra), and held that unless and until a qualified practitioner secures registration under the provisions of the Act, 1970 they are not entitled to practice the Indian system of Medicine or they are entitled to register their names in the appropriate Registers after the commencement of the Central Act, 1970 otherwise than as provided under the Central Act, 1970. According to us, the clear cut findings entered by the Apex Court in Dr. A.K. Sabhapathy (supra) and the Kerala Ayurveda Paramparya Vaidya Forum (supra) make it clear that the issues now raised in the writ petitions are settled finally and therefore, the State Government is not empowered to grant any exemption invoking the first proviso to Section 38 of the Travancore-Cochin Medical Practitioners Act, 1953 and permit practice otherwise than in accordance with the provisions of the Central Council Act 1970, r/w with the relevant provisions of the Act 1953. Since the Apex Court in Kerala Ayurveda Paramparya Vaidya Forum has followed the proposition of law in Dr. A.K. Sabhapathy, we are of the clear opinion that the first proviso to Section 38 of the Act, 1953 is repugnant to the provisions of Section 17 of the Central Act, 1970. We are also of the opinion that the Central Act, 1970 was brought into force in order to maintain the minimum standards for admission, duration of courses of training, details of the curricula and syllabi of studies and the title of degree or diploma varying from State to State and even from Institution to Institution in the same State and the statutory Central Council was constituted after conducting an in depth study by the Government of India relating to the Indian system of medicine and homeopathy. The main functions of the Central Council is to involve uniform standards of education and registration of the practitioners of the Indian system of Medicine and Homoeopathy and the Central Council was empowered to form separate committees for ayurveda, siddha, unani and homeopathy and the registration of the practitioners was made compulsory on the Central Register of Indian Medicine and Homoeopathy to ensure that the medicine is not practised by those who are not qualified in the Indian systems of Medicine and those who practice, observe the Code of Ethics in the profession. It was specifying the above that the bill was introduced and the Central Act, 1970 was constituted. Even though we find that the Government of India have addressed various communications to the Secretary to Government, Health and Family Welfare Department, Government of Kerala to make suitable alterations in the Register, which communications are produced along with
