GAURI SHANKAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri Vijay Prakash, learned counsel appearing for the petitioners. Shri J.K. Tiwari, Standing Counsel appears for the State respondents. Shri Praveen Shukla has accepted notice on behalf of Union of India-respondent No. 6. By this writ petition, the petitioners have prayed for following reliefs:

(2.) The petitioners claim to be qualified practitioners in Indian Medicine and have obtained B.A.M.S. degrees, which authorise them to practice Ayurveda, a branch of Indian Medicine. They are enrolled with the Indian Medicine Council, U.P. which authorises them to practice Indian Medicine in the State of U.P. Their right to practice Indian medicines is recognised by the Indian Medicine Central Council Act, 1970.

(3.) The petitioners have relied upon the syllabus of the BAMS examination compiled by Central Council of Indian Medicine to authorise them to treat patients and prescribe Indian medicine including modern medicine in accordance with the advances made by the Indian medicines and to perform surgical operations. It is stated that the petitioners have studied the advances made in the modern medicine, which also includes the Allopathic Medicine and that having acquired the knowledge in its use and thus they are entitled to practice and prescribe Allopathic Medicines as well.