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2010 Supreme(SC) 488

B.S.CHAUHAN, SWATANTER KUMAR
Rajasthan Pradesh V. S. Sardarshahar – Appellant
Versus
Union of India – Respondent


JUDGMENT

Dr. B.S. Chauhan, J. —

1.Leave granted in SLP (C) Nos. 21043/2008, 20912/2009 and 3986/2010. In all the aforesaid Civil Appeals, common questions of law are involved and, therefore, they are heard together. Questions involved in all these cases are as under:

(i) As to whether persons who hold either the degree or diploma of “Vaidya Visharad” or “Ayurved Ratna” from Hindi Sahitya Sammelan Prayag/Allahabad which are not included as recognized qualification in Schedule II of the Indian Medicine Central Council Act, 1970 (hereinafter called as the `Act 1970) have a right to practice in medical sciences.

(ii) As to whether cut off date i.e. 1967 as per Entry No.105 in the Second Schedule of the Act,1970 is arbitrary and thus, liable to be quashed.

(iii) As to whether restriction imposed under the Central Act from practicing, unless names appear in the Central Register, is violative of Article 14 of the Constitution of India with reference to the State Act.

2.Facts and circumstances giving rise to Civil Appeal Nos.5324-5325 of 2007 and appeal arising out of SLP(C) No.21043/2008 are that Section 32 of the Rajasthan Indian Medicine Act, 1953 (hereinafter referred to as ‘Act 1953’) prov










































































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