J. RAVINDRANATH, S/O DR. M. JANAKIRAM, RAM JYOTHI CLINIC, DIBBUR VILLAGE AND POST, CHIKKABALLAPURA TALUK AND DIST. AND OTHERS Vs. THE SECRETARY, GOVERNMENT OF KARNATAKA, DEPT. OF HEALTH AND FAMILY WELFARE SERVICES, M.S. BUILDING, DR. B.R. AMBEDK

JUDGEMENT

(1.) IN these writ petitions, petitioners are challenging the notice issued by the District Ayush Officer. Chikkaballapur, on 16.06.2011 vide Annexure -J and the final notice dated 24.08.2011 issued by the same Officer vide Annexure -K. Petitioners are also seeking a declaration that they are entitled to practice Electropathy/Electro Homeopathy and that the respondent - authorities have no authority to interfere with the practice of the petitioners. A direction against the respondents not to interfere with the practice of the petitioners in Electropathy/Electro Homeopathy is also sought.

(2.) THE facts involved in this case stated in brief are that the petitioners are practitioners of Electropathy/Electro Homeopathy which is a part of Alternative System of Medicine for the Promotion, Development and Research of Electropathy. They claim that they have been duly registered as Medical Practitioners in Alternative Medicine in Electropathy/Electro Homeopathy Medicine (DEHM) as Bachelor of Electropathy Medicine and Surgery (BEMS). Petitioners have enclosed some certificates issued by Naturo Electro Homeopathy Medicos of India, New Delhi (N.E.H.M of India). It is the case of the petitioners that N.E.H.M. of India is a Society registered under the provisions of the Societies Registration Act. 1860 established in the year 1983 and since its inception it has been awarding the Certificates including Registration Certificates to qualified persons,

(3.) LEARNED Counsel for the petitioners placing reliance on the judgment of the Kerala High Court in W.P.(C) No. 28145/2009 (K) disposed of on 25.01.2010 contends that in similar circumstances the High Court of Kerala has granted relief in favour of similarly placed persons. He further contends that when the Government of India has recognised the Certificates obtained by the petitioners as valid, it was not open for the respondent - authorities to initiate proceedings against the petitioners as per the impugned notices issued vide Annexures -J and K.