DELHI PRADESH REGISTERED MEDICAL PRACTITIONERS SWAROOP SINGH Vs. DIRECTOR OF HEALTH DELHI ADMN SERVICES:DIRECTOR OF HEALTH SERVICES

JUDGEMENT

(1.) Leave granted in both the matters, Heard learned counsel for the parties.

(2.) The propriety and validity of the public notice issued by the Director, Health Services, Delhi Administration indicating that the Indian Medicine Central Council had recognised Ayurved Ratna and Vaid Visharad degrees awarded by the Hindi Sahitya Sammalan Paryag. Allahabad only up to 1967 and the certificate of Ayurved Ratna and Vaid Visharada given by the said organization after 1967 not being recognised under the said Act registration obtained by any person as a medical practitioner on the basis of such degrees therefore would not be recognised and any person having such qualification would not be entitled to practice in Delhi are impugned in these appeals. It was also indicated in the said public notice that no Indian University or Board conducts one year's course for giving the bachelor's degree in Ayurvedic Medicine or through correspondence course no M.D. Degree in Ayurved was conferred by any university or Board. The public at large was cautioned by the said public notice published in the newspaper about such position in law.

(3.) The Delhi Pradesh Registered Medical Practitioners' Association moved a writ petition before the Delhi High Court challenging the validity of the said public notice issued by the Health Services, Delhi Administration. Similar writ petition was moved by Dr. Swarup Singh and others challenging the said public notice. Such writ petitions were dismissed by the Division Bench of the Delhi High Court by indicating that as in the Indian Medicine Central Council Act 1970 the said degree had not been recognised after 1967 and the writ petitioners before the High Court had obtained such degrees from the said Hindi Sahitya Sammalan Prayag long after the said Indian Medicine Central Council Act, 1970 was enforced they were not entitled to practice on the basis of the degrees obtained from the said Hindi Sahitya Sammalan Prayag. Therefore there was no occasion to interfere with the direction contained in the public notice and the writ petitions were accordingly dismissed.