D N KESARBANI Vs. U P MEDICAL COUNCIL

JUDGEMENT

(1.) This application has been presented under Art. 226 of the Constitution to this Court by Dr. D. N. Kesarbani, Medical Officer of Government Tuberculosis Clinic at Allahabad, for various reliefs, and more particularly for a writ of prohibition commanding the opposite party from taking any steps towards erasing his name from the register of Medical Practitioners of this province.

(2.) The facts which have given rise to this application may be stated shortly. Dr. Kesarbani had his early education at the Gurukul Kangri University at Hardwar. He had a bright career at that institution which is one of the best well-known private institutions in this country. For various reasons, it was the policy of this institution not to have affiliated itself to any university or incorporated as a university by an Act of the legislature. It has played, as has been testified to by educationists of eminence, an important part in the cultural and national life of this country. He graduated himself in medicine from the Gurukul Kangri University in 1928 and was able to obtain a first class. That degree, as is well known, is not regarded as a qualification for registration as a medical practitioner. The medical degree at Gurukul is called 'Ayurved Alankar'. Mr. A. P. Pandey has invited our attention to the course of study prescribed for this degree and has also placed before us certain question papers set for candidates for the medical degree at the University. Statements by doctors of eminence have been placed before us to the effect that the standard of education in modern medicine of the Gurukul Kangri Univer3ity is of a fairly good character. On this part of the case, we may refer to the testimony of a physician of international reputation, Sir R. N. Chopra. He is an M.D., Sc.D. (Cantab) and an F.R.C.P. (London). He is a physician of the highest eminence and in the affidavit which he has sworn he states that he believes and bona fide believes that the Gurukul Kangri University has a well integrated course in both systems of medicine, Indian and Scientific, without supplanting the latter.

(3.) Another physician, Dr. Kul Bhushan, who also holds good qualifications says that the standard of education in modern medicine of the students of the Gurukul Kangri University is of fairly good quality.