LAWS(KER)-2000-7-15

INDIAN ALTERNATIVE MEDICAL ASSOCIATION Vs. STATE OF KERALA

Decided On July 21, 2000
INDIAN ALTERNATIVE MEDICAL ASSOCIATION Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THIS Writ Appeal is filed by the Indian Alternative medical Association, Kerala and one of the practioners claims to be practicing in alternate system of medicine. According to the petitioners they can practice anywhere in India and they are fully qualified, and police should not harass them in practicing alternative system of medicine. It is also claimed that doctors affiliated to the first petitioner association should be allowed to practice the modern system of medicine known as allopathic system of medicines. Admittedly there is no registration to the petitioners with the Indian Medical Council.

(2.) IT is stated that petitioners were awarded degree of mbbs (Alt.) by the Indian Board of Alternative Medical Systems and Ext. P2 (a) is the certificate produced. In the above certificate awarding degree, no specific course of study is mentioned. IT is stated in the certificate that according to his assertion he has taken practicle experience undera perfect & qualified doctor and complited study. The above certificate contains lot of spelling mistakes. What is the authority of the Board of Alternative Medical Systems to award the degree is also not explained. What is awarded in Ext. P2 (a) is: the diploma-certificate in the form of Degree Bachelor of medicine (Alternative) with Basic Surgery as a Samman patra according to the board bye laws. He is entitled to use the designation M. B. B. S. (Alt) in figure of speech. For the development of Alternative Medical Systems viz. Biochemic Medical science. The certificate shows that it is issued by an Undertaking of Government registered Institute. The learned Judge only stated that the above Institute is not recognized in Kerala. Ext. P1 is the certificate issued by Indian Board of Alternative Medicines affiliated with The Open International University for Complementary Medicines. Ext. P2 refers to International University Medicinal Alternative established in U. S. S. R and recognized by U. N. O. , but faculty of examination duly registered by the government of West Bengal. Ext. P4 shows that he has got registration from the indian Board of Alternative Medicines recognized by the United Nations university for Peace & The Open International University, Calcutta. By such degree and certificate petitioners are only cheating the public and we see no ground to interfere with the judgment of the learned single Judge. If the petitioners with such bogus degree are defrauding the public and administering medicines, it is for the police to take appropriate action against such persons and no writ of mandamus can be issued directing the police not to harass the petitioners The Writ Appeal is dismissed. . .