INDIAN MEDICAL ASSOCIATION(IMA) Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) The order passed by the learned Single Judge on 18.8.2016 is questioned in this intra court appeal. By the said order, the learned Single Judge has vacated the interim order granted on 11.12.2015, pending the writ petition.

(2.) The records reveal that the Central Council of Indian Medicine has issued notification dated 25.4.2012 evidenced by Ext.P3, in exercise of the powers conferred by clauses (i), (j) and (k) of Section 36 of the Indian Medicine Central Council Act, 1970, making certain regulations with the previous sanction of the Central Government as required under law. The regulations in Ext.P3 notification prescribe compulsory internship. The relevant portion relating to compulsory internship regulation reads thus:

(3.) From the aforementioned notification, it is amply clear that the students who are studying BAMS (Ayuvedic course), BHMS (Homeopathic course) and BSMS (Sidha & Unani course) need to undergo training in Gynaecology also. Consequently, Ext.P4 order came to be issued by the State Government granting permission to BAMS, BHMS and BSMS House Surgency students for training in Gynaecology at Government Women and Children Hospital at Thiruvananthapuram.