The right to practice Acupuncture hinges on obtaining formal qualifications as prescribed by law, regardless of inclusion in regulatory schedules.

JUDGMENT

Petitioners are claimed to be qualified hands practicing Acupuncture which is an alternative system of medicine. They alleged that they had acquired qualification to practice Acupuncture from the Open International University as per Ext.P1, Ext.P2, Ext.P3, Ext.P4 and Ext.P5 certificates obtained by them. Petitioners alleged that the system of alternative medicine that they practice, is being attempted to be interfered with by the police and that the State or its agents are not entitled to interfere as long as they are exercising their fundamental right to indulge in any practice.

2. Learned counsel for the petitioners invited the attention of this Court to the office memorandum dated 06.11.2024, wherein it is mentioned that the Acupuncture professionals have been included in the schedule of the National Commission for Allied and Health Care Professions Act , 2021, due to which, they are entitled to practice Acupuncture. The learned counsel further submitted that the system of Acupuncture has been recognized by the said notification and the inclusion of the said system in the Schedule to the aforementioned Act must prevent the respondents from interfering as the petitioners are only exercising their fundamental right to practice any occupation.

3. The learned Government Pleader, on the other hand, submitted that in order to practice an alternative system of medicine, it is necessary that petitioners must obtain registration under the relevant statute. Since the petitioners have not been able to produce any document to show that they have obtained registration to practice Acupuncture or under the Allied and Health Care Professions Act, 2021, the reliefs claim cannot be granted.

4. I have considered the rival submissions.

5. The National Commission for Allied and Health Care Professions Act , 2021, defines a ‘Health Care Professional’ as a person who was obtained any qualification of degree under the Act, the duration of which has been specifically prescribed therein. An ‘Allied Health Professional’ has also been defined under Section 2(d) as a person who has obtained a qualification of Diploma or Degree under the Act. The duration of the course has also specified therein.

6. It is evident that, even after coming into force of the Allied and Health Care Professions Act, 2021, persons to be regarded as Health Care Professionals or Allied and Health Care Professionals must obtain the qualification prescribed under the Act, that too after undergoing a system of study for a period prescribed by the statute itself. The petitioners have no case that they had underwent any course that led to any diploma or degree under the Act. In the absence of any degree or diploma obtained by the petitioners under the Act, the inclusion of Acupuncture Professionals in the Schedule to the said Act by itself, will not confer upon the petitioners, the right to practice as Acupuncture Professionals. In view of the above, the reliefs prayed for by the petitioners cannot be granted.

Accordingly, this writ petition is dismissed.

Sd/-