CHARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard S/Sri R, K. Tripathi, S.P.S. Rathore B. N. Pandey for petitioners and learned standing counsel. This matter has been placed before me in vacations under the Rules of the Court, after nomination by senior Vacation Judge dated 24-6-2004.

(2.) In Writ Petition No. 23232 of 2004, the petitioners 1 & 4 have passed 'Vaidya Visharad' Examination of Hindi Sahitya Sammelan, Prayag, in the year 1977, and have thereafter worked as Pharmacists at Indian Ordinance Factories at Muradnagar, after getting themselves registered with the State Council Ayurvedic Evam Unani Medicine Bihar Patna, and Haryana and Punjab Ayurvedic and Unani Chikitsa Parishad Board, Shimla respectively. The petitioner No. 2 has passed Vaidya Visharad Examination in the year 1996 and is enrolled with Rajkiya Ayurvedic & Chikitsa Parishad. Bihar, on 5-4-1996, and that the petitioner No. 3 has passed H.M.B.S. Examination (Bachelor of Homeopathic Medicine and Surgery) and is registered with Sathi Homeo Medical College, Laharia Sarai (Bihar) dated 25-7-1983. All the petitioners claimed to be trained, qualified and registered medical practitioners in Indian Medicine and after having changed their addresses from Bihar to Uttar Pradesh, they are practising in Indian Medicine in U.P. at Ghaziabad. They have prayed for a direction in the nature of mandamus directing the respondents not to interfere in their peaceful practice, in their respective clinics.

(3.) In Writ Petition No. 23267 of 2004, petitioner Nos. 1 and 10 claims to have passed 'Ayurved Shastri' examination in the year 2002, from Ch. Charan Singh Memorial Ayurvedic College Baraut, Bagpat and Rashtriya Ayurvedic College Suhagpur Dhampur (Bijnor) 1987, respectively, vide a certificate Issued by Ayurvedic Chikitsa Parishad, U.P. Indira Nagar, Dhampur, Bijnor, U.P. The petitioner Nos. 2, 3, 4, 5, 6, 7, 8 and 9, claim to have passed the Final Examination of Diploma in Ayurvedic Medicine (D.A.M.) from Maharishi Charak Ayurvedic and Unani Medical College Hashimpura, Deoband Saharanpur (all in the year 2002). The provisional certificates Issued to them bears a note that the certificate is subject to the final decision of the Hon'ble High Court, Allahabad (U.P.). These petitioners have deposited Rs. 3000/- towards registration fees for registration with Board of Indian Medicine, U. P. One registration certificate of Aslam Ali Khan, son of Azhar AH Khan has been annexed as Annexure-3, to establish that a person qualified from the same institution has been registered in U. P. None of the petitioners have been registered by the Board of Indian Medicine, U.P. so far. There is no pleading or proof of the qualifications and registration of remaining petitioners.