PRAKASH CHANDRA TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution the petitioner, Dr. Prakash Chandra Tiwari, prays for issuance of a writ quashing a Circular issued by Drug Inspector, Jagdalpur, impleaded as respondent No. 4 to this petition.

(2.) The petitioner is a registered practioner under the Madhya Pradesh Homoeopathic and Biochemic Practitioners Act, 1951, The petitioner passed the diploma in Homoeopathy and Biochemistry in the examination held in the year 1971, by the Board of Homoeopathic and Biochemic Systems of Medicine, Madhya Pradesh. The petitioner has got his clinic at Jagdalpur. On 26th June 1973 the Drugs Inspector, Jagdalpur, wrote to M/s. Raj Medical Stores, a Chemist of Jagdalpur, intimating that the petitioner is not a registered medical practitioner under Rule 2 (ee) of Drugs and Cosmetics Rules, 1945, and requesting not to dispense allopathic drugs on the prescription of the petitioner. It is this letter or circular that the petitioner challenges by this petition.

(3.) The petitioner's contention is that the Madhya Pradesh Homoeopathic and Biochemic Practitioners Act, 1951 which has received the assent of the President, directs by its provisions contained in Section 19 that in all Acts of Madhya Pradesh and in all Acts of the Central Legislature, any word importing a person recognised by law as a medical practitioner or member of medical profession shall include a registered practitioner under the Act, and, therefore, the petitioner comes within the scope of the expression "registered medical practitioner" for purposes of the Drugs and Cosmetics Act, 1940, and the rules made thereunder. It is argued that in sending the impugned letter the Drugs Inspector did not take into account the provisions of Section 19 of the Madhya Pradesh Homoeopathic and Biochemic Practitioners Act, and that the petitioner is being illegally restricted in practising as a registered medical practitioner.