AMAL PROSAD CHAKRAVARTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner is a qualified Homeopathic medical practitioner and he obtained his D. M S. degree from the State Faculty of Homeopathic Medicine in 1963. He has stated that since then, he has been practicing in the said branch under registration No. 8686.

(2.) FOR making necessary provisions for the development of the Homeopathic system of medicine, to regulate the teaching and practice thereof and to deal with certain other connected matters, in 1963, the West Bengal homeopathic System of Medicine Act, 1963 (hereinafter referred to as the said Act) was passed by the West Bengal Legislature. The said Act requires that as soon as may be necessary after the commencement of the same, the State government shall by a notification in the Official Gazette, establish a body corporate with perpetual succession and a Common seal named The Council of Homoeopathic Medicine, West Bengal (hereinafter referred to as the said Council), which shall be entitle to acquire and hold movable and immovable property, to transfer such property, to contract and to do all things necessary for the purposes of the said Act and shall by its name sue and be sued. The said Council is respondent No. 2 in this Rule and under the Act the same means the Council as constituted under section 3. Under the provisions of the said Act "homeopathy" means the system of medicine founded by dr. Hahnemann and includes the bio-chemic system of medicine founded by Dr. Schussler and the expression "homoeopathy" is required to be construed accordingly. The respondent No. 3 in this Rule is the Registrar of the said Council in terms of section 2 (9) of the said Act. The said Act, in section 2 (7) defines "register" which means the Register of Homoeopathic practitioners maintained under the said Act and under sub-section 8 of section 2 "registered Homoeopathic Practitioner" means a homeopathic practitioner registered under the provisions of the said Act.

(3.) THE composition of the said Council is to be made in terms of section 5 of the said Act and the powers of the Council are regulated by section 18 of the same. Such powers amongst other include the power to collect the prescribed fees or charges for admission to the examination held by the said Council and for Certificates, Diplomas or Degrees granted or conferred by it. That apart, under sub-section 16 of section 18, the said Council is authorised to perform such other functions as the State Government may direct or, on the recommendation of the said Council, approve for carrying out the provisions of the said Act.