M.R. BHASKARAN VAIDYAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners seek to set aside Ext.P6 order.

(2.) The petitioners state that they are residents of Kozhikode District and are traditional ayurvedic medical practitioners. They have been practising traditional ayurvedic medicine for the last more than 50 years. According to the petitioners, they are qualified under Sec. 39 of the Travancore Cochin Medical Practitioners Act, 1953, to get exemption from the requirements of the Act, to get registration and to practice ayurvedic medicine. However, the authorities have taken a contrary stand.

(3.) The petitioners earlier approached this Court filing W.P.(C) No.21667/2013. This Court, as per Ext.P5 judgment, found that the application preferred by the petitioners necessarily has to be considered by the competent authority in tune with the mandate of Sec. 17(3) of the Indian Medicine Central Council Act, 1970. On the basis of this finding, this Court set aside Ext.P3 order therein and directed the 3rd respondent to re-consider the matter in the light of Ext.P2 recommendation and the relevant provisions of the Indian Medicine Central Council Act, 1970. It was further directed that orders shall be passed after giving an opportunity of hearing to the petitioners within two weeks.