ANIL KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) BY the Court.-We have heard Shri Shahroze Khan for the petitioner. Learned Standing Counsel appears for the respondents.

(2.) DR. Anil Kumar Mishra, the petitioner in Writ Petition No. 57791 of 2008; DR. Dinesh Chand Pandey, the petitioner in Writ Petition No. 57795 of 2008 are Bachelors of Homeopathic, Medicine and Surgery and are registered with the Homeopathic Medicine Board, U.P. Lucknow vide Registration No. 25477 dated 26th April, 2002 and Registration No. 24249 dated 28th May, 1997 respectively. They are practicing homeopathy in Distt. Siddharth Nagar. DR. Faizan Ahmad, the petitioner in Writ Petition No. 57794 of 2008, is Bachelor of Unani Medicine and Surgery from Jamia Hamdard University, New Delhi and is registered with Indian Medicine Board, U.P. vide Registration No. 9016 dated 14.6.2001. He is practicing Unani Medicine at Siddharth Nagar.

(3.) THE petitioners in Writ Petition No. 57791 of 2008 and 57795 of 2008 submitted a reply to the effect that they hold BHMS degrees and are registered with Homeopathic Medicine Board. Dr. Anil Kumar Misra replied stating that he holds a Diploma for running ultra sound from Lumbini Diagnostic Research Centre Pvt. Ltd. Siddharth Nagar. He was given permission to operate ultra sound centre by issuing registration certificate under PC and PNDT Act, 1994 valid upto 12.5.2007, and renewed upto 12.5.2012. He is qualified and eligible to run the ultra sound centres. Dr. Dinesh Chand Pandey in Writ Petition No. 57795 of 2008 stated in his reply that he holds BHMS degree with registration with Homeopathic Medicine Board. He has taken training of running ultra sound in Shubham Scanning Centre, Gorakhpur. He was issued certificate of registration on 12.12.2001, which was valid upto 12.12.2006, and was renewed upto 12.12.2011. He claimed to be qualified to run the ultra sound centre. In respect of Faizan Ahmad no reply was given. All the three petitioners in the three writ petitions allege that since they have qualifications to practice as medical doctors under the U.P. Homeopathic Medical Council Act and Indian Medicine Central Council Act, 1971 and that since all the three are registered with the U.P. Homeopathic Medical Council in respect of Dr. Anil Kumar Mishra and Dr. Dinesh Chand Pandey and under the Indian Medical Board U.P. in respect of Dr. Faizan Ahmad, they are qualified and eligible under the PC and PNDT Act, 1994, and PNDT Act, 1996 to run their clinics and perform ultrasound tests.