AYURVEDIC CHIKITSAK KALYAN SAMITI Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard Shri Prahlad Kumar Khare for the Petitioner. Shri Shashi Shekhar Singh appears for Union of India. Shri J.K. Tiwari represents the State Respondents.

(2.) The Petitioner-society is aggrieved by a notification issued by the Registrar of the Indian Medicine Board, U.P. published in daily newspapers 'Dainik Jagaran' from Meerut, on 26.1.2011, notifying that all those medical practitioners, who had obtained degrees from the colleges mentioned in the notification including the 'Rashtriya Ayurved Mahavidyalaya Suhagpur, Dhampur, Bijnor' allegedly affiliated with All India Ayurveda Vidyapeeth, Delhi, that since the degrees awarded by these colleges are not recognized by the Indian Medicine Central Council established under the Indian Medicine Central Council Act, 1970, the persons registered with UP Indian Medicine Board in pursuance to the qualifications from these colleges are not entitled to practice Indian medicine in the State of UP and their names have been removed from the State register of medical practitioners in Indian medicine. The notification applies to the degrees of Ayurvedacharya from Petitioners college Rashtriya Mahavidyalaya Sugagpur, Dhampur, District Bijnor; Ayurved Ratan/Vaid Visharath from Hindi Sahitya Sammelan, Prayag after 1967; Ayurved Shiromani from Gurukul Vishwavidyalaya Vrindaban after 1967 and Ayurved Bhasker from Gurukul Vishwavidyala, Jyalapur after 1967.

(3.) The notification states in its opening statement that it has been issued in pursuance to directions issued by the Supreme Court in Civil Appeal No. 5324 of 2007, Rajasthan Pradesh V.S. Sardashahar and Anr. v. Union of India and Ors. Civil Appeal No. 5324 of 2007 and other connected Civil Appeals decided on June 1.2010. The Supreme Court, after considering various judgments including the judgment in Dr. Mukhtiar Chand and Ors. v. State of Punjab and Ors., 1999 AIR(SC) 468, held in paragraphs 40 and 41 as follows: