VED PRAKASH TYAGI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner before this Court is a practitioner of Ayurveda and Unani system of medicines. In short, he is an "Ayurvedic" Doctor. He is aggrieved by orders dated 06.05.2013 (including its amendment dated 07.05.2013) and dated 09.05.2013 passed by Controller Board of Indian Medicine Uttarakhand and also order dated 19.07.2013 passed by respondent No. 3 i.e. Principal Secretary, Department of Medical Education & Ayush, Dehradun. Lastly, by an amendment in the writ petition he has also challenged the notification of the Ministry of Health and Family Welfare, Government of India dated 27.07.2013 by which his "seat" has been declared vacant.

(2.) The petitioner was initially registered as an Ayurvedic Doctor with the State Board of Indian Medicine Rajasthan. He later on got a temporary registration with the Bhartiya Chakitsa Parishad Uttarakhand (hereinafter referred to as "Board"), after getting 'No Objection Certificate' from the counter part of Rajasthan. His registration was valid only till 11.10.2011. Later a complaint was moved before the Board against the petitioner wherein it was alleged that the petitioner has obtained registration in Uttarakhand fraudulently and by concealment of material facts. On the basis of such complaint the "Board" passed an order on 06.05.2013, deciding not to extend the registration of the petitioner any further. The reasons shown are that the petitioner was registered with both Rajasthan Board as well as the Board at the same time, and that he got his registration with Board by concealing material facts. Against the order dated 06.05.2013 the petitioner moved a representation before the Board and the Board vide its order dated 09.05.2013 holding that the petitioner has obtained registration with the Uttarakhand Board by way of "deceit", cancelled his registration. The petitioner moved an appeal against the said orders before the State Government under Section 43 of the United Provinces Indian Medicine Act, 1939 (hereinafter referred to "State Act"). Vide order dated 20.05.2013 the State Government set aside the orders of the Board on the grounds that they are in violation of the principles of natural justice as fair play.

(3.) The above order (dated 20.05.2013) was challenged before this Court by one Dr. Vinod Kumar Chauhan in WPMS No. 1149 of 2013 which was disposed of by a learned Single Judge of this Court on 31.05.2013 by passing following order:-