UMA KANT TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for a writ of mandamus directing the respondents not to interfere with the practicing of the petitioners as Vaidya in Ayurvedic System of Medicine and Surgery in U. P. and to declare the words "to 1967" in fourth column of Entry No. 105 regarding Vaidya Visharad and Ayurved Ratna of Second Schedule Part-I of the Indian Medicine Central Council Act, 1970, as ultra vires Section 14 (1) of the Act. The petitioners have also prayed for declaring Section 14 of the aforesaid Act as ultra vires Article 14 of the Constitution and for declaring certain provisions of the U. P. Medicine Act as ultra vires.

(2.) Heard learned counsel for the parties.

(3.) In para 3 of the petition it is alleged that the petitioners are medical practitioners in Ayurvedic System of Indian Medicine and some of them have degrees of Ayurved Ratna or Vaid Visharad or both from Hindi Sahitya Sammelan, Allahabad or Hindi Sahitya Sammelan, Prayag from the year 1982 onwards. In para 4 of the petition it is alleged that the petitioners are registered at Vaidyas with Rajkiya Ayurvedic Evam Unani Chikitsa Parishad. Patna, Bihar under the Bihar Development of Ayurvedic and Unani System of Medicines Act, 1951 and have certificates except the petitioner Nos. 22 to 24 and 27, who are registered with Madhya Pradesh Ayurvedic Tatha Unani Chikitsa Paddhati Evam Prakritik Chikitsa Board, Bhopal and have certificates of registration. In para 6 of the petition it is stated that the petitioner Nos. 1 to 39 except petitioner Nos. 22, 23, 24 and 27 are practicing in different parts of the State of Bihar. The petitioner Nos. 22. 23, 24 and 27 are practicing in the State of Madhya Pradesh. In para 7 of the petition it is alleged that the petitioners want to practice in the State of U. P. as there is more scope of medical practice in U. P. than in the States of Bihar and Madhya Pradesh and most of the petitioners are residents of U. P. or of the adjoining districts of Madhya Pradesh. The petitioners approached the Registrar, Board of Indian Medicines, U. P. Lucknow, to accept their applications for registration as medical practitioners under Section 50 of the U. P. Act, 1939, but the Registrar refused to do so. Photostat copy of the degrees/certificates are Annexures-2 to 40 to the writ petition and details are mentioned in paras 9 to 48 of the writ petition. All these certificates show that the petitioners claim to do medical practice on the basis of the certificates/degrees granted by Hindi Sahitya Sammelan, Allahabad/Prayag which are registered societies. The petitioners have relied on various order passed by the various High Courts copies of which are Annexures-41 to 44 of the writ petition.