K.M. SENTHAMIZHSELVAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner is the State President of the Ayush Medical Welfare Association (the Association). The acronym, Ayush, represents ayurveda, yoga, unani, siddha and homeopathy. On 1 June 2018, the Health and Family Welfare Department, Government of Tamil Nadu, issued G.O.Ms. No.206, Health and Family Welfare (Z2), whereby rules were framed under section 14 (1) of the Tamil Nadu Clinical Establishments (Regulation) Act, 1997 (the TN Clinical Establishments Act/Rules, as the case may be). The TN Clinical Establishments Rules provide for the registration of clinical establishments. Rule 6 stipulates that every clinical establishment should fulfil the requirements specified in Annexure 1. Annexure 1 specifies the requisite facilities for allopathic clinical establishments under Part A and for clinical establishments that practice the Indian system of medicine or homeopathy under Part B.

(2.) The case of the Petitioner is that the members of the Association are qualified to practice different systems of medicine such as ayurveda, yoga, unani, siddha and homeopathy under various legislations such as the Indian Medicine Central Council Act , 1970, the Homeopathy Central Council Act, 1973, the Tamil Nadu Registration of Practitioners of Integrated Medicine Act, 1956, the Tamil Nadu Homeopathy System of Medicine and Practitioners of Homeopathy Act, 1971 and the Tamil Nadu Siddha System of Medicine (Development and Registration of Practitioners) Act, 1997. By virtue of their qualifications, they are also qualified to practice integrated medicine, i.e. by combining one of the systems of Indian medicine with allopathy.

(3.) According to the Petitioner, the TN Clinical Establishment Rules are contrary to the aforesaid legislations in as much as the members of the Association are unable to register their clinical establishments for the purpose of practising integrated medicine. It is contended that the parent legislations permit duly qualified practitioners to practice integrated medicine along with the specific system of Indian medicine in which such person is qualified. Therefore, a mandamus is prayed for in order to amend the TN Clinical Establishment Rules.