ISHAQ HUSAIN RAZVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Petitioner filed this writ petition challenging the order of the Chief Medical Officer, Pilibhit dated 31-12-91 by which the Chief Medical Officer directed the petitioner not to practice as a Medical Practitioner unless he gets himself registered as a medical practitioner by the Registrar, Indian Medicines Board, U. P. The petitioner prayed for quashing of the order of the Chief Medical Officer, Pilibhit dated 31-12-91 and also prayed for issuing a writ of mandamus directing the respondents not to interfere in the petitioner's functioning as a medical practitioner in Ayurvedic.

(2.) The petitioner claimed to have obtained a degree in Vaidya Visharad from Hindi Sahitya Sammelan, Allahabad in the year 1987. He stated to have got himself registered vide Registration No. 72305 in Rajkiya Ayurvedic Evam Unani Chikitsa Parishad, Bihar on 9-12-88. Apparently, on the basis of the alleged degree of Vaidya Visharad, from Hindi Sahitya Sammelan, Allahabad, petitioner claimed to have appeared in the examination of Ayurved Ratna from Hindi Sahitya Sammelan, Allahabad. A photostat copy of the mark-sheet for Ayurved Ratna, II part dated 21-8-90 has been annexed as Annexure 3 with the petition. The petitioner pleaded to have been registered by a State Council of Ayurvedic and Unani Medicines, of Bihar, Patna registering the petitioner as a Vaidya practicing at Village Jalapur Distt. Samastipur, Bihar. The petitioner sent an application for changing his place of residence and practice to the State Council of Ayurvedic and Unani Medicines, Patna and a Memo No. 353 dated 30/01/1991 has been annexed showing that the petitioner's enlistment registration certificate has now been shown with its changed address showing Mohalla New Basti, Ward No. 15, Ghyaspur, Bishapur Distt. Pilibhit.

(3.) The Medical Inspector from the office of the Chief Medical Officer, Pilibhit went to the clinic of petitioner situate at Mohalla Nai Basti Ward No. 15 Bishalpur Distt. Pilibhit on 22-10-91. The petitioner stated that the Medical Inspector enquired about the petitioner's registration and authority to practice as a medical practitioner. The petitioner stated to have informed the respondent No. 3 and submitted to him the copies of the certificates and documents namely (i) certificate of Vaidya Visharad 1st year 1982, (ii) certificate of Vaidya Visharad II year 1987, (iii) certificate of Ayurved Ratna 1st year 1988, (iv) certificate of Ayurved Ratna IInd year 1989, and also certificate of publication of Amar Ujala and circular of change of address. The petitioner stated that since he possessed qualification in Ayurved for practicing medicine, he was legally doing the practice of Indian Medicines (Ayurvedic) at his village.