IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 26583 of 2011(W) -------------------------- PETITIONER(S): --------------- DR.SAILAJA T., "SAILAJA MANDIRAM", THRIKKANNAMANGAL, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.S.S.RAJESH SRI.D.SHAJI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CENTRAL COUNCIL OF HOMOEOPATHY, REPRESENTED BY ITS SECRETARY, 10-COMMUNITY CENTRE BASANI LOK, VASAMTJ VIHAR, NEW DELHI-110 057. 3. THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM. ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R3 GP SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26583 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF THE CERTIFICATE ISSUED BY THE BOARD OF GOVERNMENT EXAMINATIONS IN HOMOEOPATHY MEDICINE AND SURGERY DT.1.12.93. EXHIBIT-P1(a). TRUE COPY OF THE REGISTRATION CERTIFICATE UNDER THE TRAVANCORE COCHIN MEDICAL PARISHIONER'S ACT 7.6.93. EXHIBIT-P2. TRUE COPY OF EXPERIENCE CERTIFICATE OBTAINED BY THE PETITIONER FROM ARAFA MEDICAL MISSION HOSPITAL DATED 22.8.2011. EXHIBIT-P3. TRUE COPY OF THE RELEVANT NEWS DOWN LOADED FROM THE WEBSITE OF THE NEWSPAPER “THE HINDU” DT.25.4.2003. EXHIBIT-P4. TRUE COPY OF THE GOVERNMENT ABSTRACT G.O.NO.1244/88/BHAM DATED 9.5.1988. EXHIBIT-P5. TRUE COPY OF THE NOTIFICATION DATED 30.10.1996 BY THE CENTRAL COUNCIL OF INDIAN MEDICINES. EXHIBIT-P6. TRUE COPY OF THE REPRESENTATION DATED 5.6.2011 BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT-P6(a). TRUE COPY OF THE REPRESENTATION DATED 5.6.2011 BY THE PETITIONER TO THE 1ST RESPONDENT. (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).26583/2011 .............................................. Dated this the 20th day of October, 2011 JUDGMENT Petitioner claims to be a practicing Homeopathy Doctor. It is stated that since 1993, she has been practicing as such. According to the petitioner, ever since getting herself qualified, she has been practicing Homeopathic medicine and Allopathic medicine. She made Ext.P6 and P6(a) representations to respondents 1 and 3 seeking the benefit of the first proviso to Section 38 of the Travancore Cochin Medical Practitioners Act, 1953 (in short 'the Act'). Orders were not passed thereon and therefore writ petition has been filed praying for a direction to the first respondent to permit the petitioner to practice modern medicine giving her the benefit of the first proviso to Section 38 of the Act. 2. Section 38 of the Act provides that persons not registered under the Act shall not practice modern medicine, Homeopathic medicine, Ayurvedic medicine, siddha medicine, unani etc. 3. The first proviso to Section 38 reads thus:- “.....provided that the Government may, by W.P.(C).26583/11 2 notification in the Gazette, direct that this Section shall not apply to any person or class or persons or to any specified area in the State where none of the three classes of practitioners mentioned above carries on medical practice.” 4. A reading of the Section itself shows that the Government can exempt a person or any class of persons or any specified area in the State only whether none of the categories of Practitioners mentioned in Section 38(i) carries on medical practice. Petitioner does not have a case that in Kollam District, where she is claiming to be practicing, none of the categories of persons mentioned in Section 38(i) of the Act, are practicing, to claim the benefit of the first proviso to Section 38. In such circumstances, Section 38 has no application and cannot be invoked by the petitioner. I am not satisfied that the petitioner has made out a case for entertaining the writ petition. Writ petition fails and it is dismissed accordingly. ANTONY DOMINIC, Judge mrcs