T. RETNAPANDIAN Vs. THE UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition, filed by way of public interest litigation, is for a declaration that the nomination of the 4th respondent herein as a Member of the Central Council of Indian Medicine, by a Notification issued by the Government of Tamil Nadu on 03.03.2014 is illegal and for a consequential order restraining the 4th respondent from functioning as a Member of the Central Council of Indian Medicine.

(2.) WE have heard Mr. V. Selvaraj, learned counsel appearing for the petitioner, Mr. P. Wilson, learned Additional Solicitor General for the 1st respondent, Mr. V.T. Gopalan, learned senior counsel appearing for the 2nd respondent, Mr. C. Karthik, learned counsel for the 3rd respondent and Mr. T.K. Gopalan, learned Counsel appearing for the 4th respondent.

(3.) IN other words, the Central Council to be constituted by the Central Government should comprise of three different types of members. The first set of members are those elected from amongst persons enrolled in the State Registers of Indian Medicine as practitioners of Ayurveda, Siddha or Unani. The second type of members are those elected from amongst the members of the faculty of each University for each of the Ayurveda, Siddha and Unani Systems of Medicine. The third category of members are those who are nominated by the Central Government from amongst persons having special knowledge or practical experience in respect of Indian Medicine. To put it precisely, the Council would comprise of (i) persons elected from among the practitioners of each of the three systems of medicine, (ii) persons elected by the teaching faculty of each of the three systems of medicine from each University and (iii) those nominated by the Central Government.