ATULKUMAR BHAGWANPRASAD BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE in the matters in which it is not issued. Mr. Sunit Shah, Ld. GP and Mr. Krunal Pandya,. Ld. AGP waive service of rule on behalf of respondents. Since in all these petitions a common challenge to notification/resolution bearing no. GMC/12006-1548/c dated 22/5/2007 issued under the signature of the Joint secretary, Health and Family Welfare department, Government of Gujarat has been made, they are heard together and now they are being disposed of by this common cav judgment.

(2.) THE petitioners are practising as ayurvedic doctors in the State of Gujarat. According to them, they have obtained degree to practise as required under the indian Medicine Central Council Act, 1970 ['imcc Act' for short] and they have also obtained registration certificates issued by the medical institutions/board of the State of Bihar and in two cases of State of madhya Pradesh, they are eligible to practise Indian medicine in the State of gujarat. It is their say that they are doing lawful practice and respondent no. 1 cannot prevent them from practising in the State of gujarat. This averment has been made in view of the impugned notification which prescribes that the persons who have obtained recognition as medical practitioners from other States should compulsorily get" themselves registered under the Gujarat Medical Council Act, 1967 ['gmc Act' for short], Gujarat medical Practitioners Act, 1963 ['gmp Act' for short] and Gujarat Homoeopathy Act. 1967, to practise in the State of Gujarat. It is their case that the registration obtained by them from their respective medical institutions is valid for all purposes and they are entitled to practise Indian medicine in the State of Gujarat. According to them, the impugned notification is violative of Article 14 of the Constitution inasmuch as it is discriminatory and arbitrary. It is averred that just as an advocate who is enrolled in a particular State, can also practise in other states, the petitioners who have obtained registration from other States can practise in the State of Gujarat. They have placed reliance on the provisions of Section 17 of the IMCC Act. On the aforesaid premises, the petitioners have prayed that this Court may quash and set aside the impugned notification by issuing appropriate writ or direction.

(3.) THE respondents have vehemently contested the petitions by filing affidavit-in-reply. Mr. SK Jadav, Dy. Secretary, Health and Family Welfare Department has filed the affidavit denying the averments made in the petitions. It is averred that after the introduction of IMCC Act and in particular the enforcement of provisions of Section 17 thereof, only those persons who possessed any of the recognized qualifications under schedules to the IMCC Act, are eligible to be enrolled/registered on the State Register. According to him, the petitioners do not possess the recognized qualification under the IMCC Act and they cannot be registered in the State of Gujarat. It is averred that the petitioners have obtained registration from other States and such registration is not recognized by the State of Gujarat and, therefore, there is no question of enrolling them on the register of GMP Act. It is further averred that by virtue of Section 30 of the GMP Act the petitioners practise in the State of Gujarat is illegal and they are liable to be prosecuted. It is averred that in similar petitions this Court has taken the view that the Ayurvedic Doctors who have obtained registration from other States and who do not possess the recognized qualification under the IMCC Act cannot practise in the State of Gujarat. It is the say of the respondents that the petitioners can practise only in the States in which they are registered as medical practitioners and not outside these States. According to the respondents, the State is empowered and authorized to issue the impugned notification prohibiting such practitioners from practising in the State of Gujarat. On these averments, the respondents have prayed for the dismissal of the petitions.