MEHBOOB ALAM Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur, J. The question which requires consideration here is whether a person having the degree of Bachelor of Unani Medicine and Surgery is entitled to practise modern medicine and to prescribe allopathic drugs.

(2.) THE petitioner obtained the degree of Kamil-e-Tib-o-Jarahat from Aligarh Muslim University in the year 1990 which is also described as Bachelor of Unani Medicine and Surgery in the degree awarded by the University, a photocopy of which has been filed as Annexure-2 to the writ petition. THE Janta Nursing Home being run by the petitioner in Kolhui district Maharajganj was inspected by a team consisting of a senior Medical Officer, a S. D. M. and a Drug Inspector on 26-8-2000 and in was found that allopathic drugs were being prescribed and administered to patients. A. F. I. R. was then lodged under Section 420 I. P. C. and Section 15 of Indian Medical Council Act, against the petitiner and one Aurangzeb, who claimed to be the compounder at the Nursing Home. THE present writ petition under Article 226 of the Constitution has been filed for quashing of the F. I. R. and investigation of the case.

(3.) THE preamble of the United Provinces Indian Medicine Act, 1939, which was published on September 23, 1939 says that it is an Act to provide for the development of the Indian Systems of Medicines and to regulate their practice in the United Provinces. Section 2 gives the definition and sub-section (ii), (iii-b), (v), (vii), (viii), (x) and (xi) thereof are being reproduced below: " (ii) "indian system of medicine" means the Ayurvedic or the Unani Tibbi system of medicine, whether supplemented or not by such modern advances as the Board may from time to time have determined. (iii-b) "faculty" means "faculty of Ayurvedic and Unani Tibbi systems of medicine" constituted under Section 36-A. (v) "practitioner" means a practitioner of an Indian system of medicine. (vii) "register" means the register of Vaidyas and Hakims, surgeons and midwives maintained under Section 25. (viii) "registered practioner" means a practitioner whose name is for the time being entered in the register. (x) "vaidya" means a practitioner of Ayurvedic system of medicine and surgery. (xi) "hakim" means a practitioner of Unani Tibbi system of medicine and surgery. "