MEHBOOB ALAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) 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 it 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 petitioner claims that he was awarded the degree of Bachelor of Unani Medicine and Surgery (for short BUMS) by Aligarh Muslim University in the year 1990 and thereafter he completed six month's rotatory internship at A. K. Tibbiya College, Aligarh Muslim University, Aligarh and in the District Hospital, Sahjahanpur. His name has been entered in the register maintained by Board of Indian Medicine on 29-9-1992. On the basis of the aforesaid degree and registration of the name, the petitioner contends that he is entitled to practise as a doctor and prescribe allopathic medicines as well apart from unani medicines.