IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15295 of 2004 Between: 1 Dr. K.S. Chalapathy Rao S/o. Lakshminarayana O/o. janatha Vaidyasala, D.No. 23-23-48, Sivarao Street, Satyanacharyulu, Vijayawada-520 011. 2 R.P. Narayanacharyulu Doctor, S/o. Chinaseshacharyulu, O/o. Dwaraka Clinic, Vagu Centre, K.T. Road, Vijayawada, Krishna District. 3 Dr. T. Sarath Babu, S/o. T.G.Rao H.No. 5-3-3, Chittinagar, Vijayawada-520 009, Krishna District. 4 Dr. Challa Harikumar, S/o. Challa, Vijayawada. 5 Dr. G. Hariprasad, S/o. Venkata Satyanarayana, C/o. Sukanya Policlinic, Mylavaram, Krishna District. 6 Dr. T. Sambasiva Rao S/o. t. Sydulu Rao Manohar Narsing Home, C?o. Dr. G. Hariprasad, Mylavaram, Krishna District. 7 Dr. T. Raghavendra Rao S/o. Narasimha Rao H.No. 10-322, Marakapuram, Prakasam District. 523316. 8 Dr. I. Jyotheswara Rao S/o. I. Ch. Sreeramulu, Latha Nursing Home, Chittinagar, Vijayawada-520 009, Krishna District. 9 Dr. C.N. Murthy, S/o. C.V.L.N. Sastry, C/o. Basanth Hospitals, Near N.T.R. Sahakara Bhavan, Governorpet, Vijayawada-520 002, Krishna District. 10 Dr. J.S.N. Prasad, S/o. Veeranjaneyulu 4-265/A, Mangalagiri, 522 503, Guntur District. ..... PETITIONERS AND 1 The Government of A.P., rep. by its Secretary, Health, Medical & Family Welfare Dept., A.P. Secretariat, Hyd-500 004. A.P. 2 The Regional Assistant Director of Drugs, NTR. University of Health Sciences Complex, Gundala, Vijayawada, Krishna District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to Issue a writ, order or direction particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in objecting that the petitioners are not registered medical Practitioners is illegal, arbitrary; and unjust and violative of the Articles 14 and 16 of the Constitution of India, and consequently directing the Respondents not to interfere with the regular practicing in Medicine and declare that the Petitioners are Registered Medical Practitioners under Rule 2 (ee) of the Drugs and cosmetics Rules 1945 and pass. Counsel for the Petitioners:SRI RAVI KUMAR TOLETY Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15295 of 2004 ORDER: The petitioners, who are ten in number, ﬁled the instant writ petition seeking a writ of mandamus declaring the action of the respondents in objecting that the petitioners are not registered Medical Practitioners as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India. They also seek a consequential injunction to the respondents not to interfere with their regular practicing in Medicine and declare that the petitioners are Registered Medical Practitioners under Rule 2(ee) of the Drugs and Cosmetics Rules, 1945 (the Rules, for brevity). All the petitioners are Ayurvedic Doctors. They obtained Bachelor Degree of BAMS (Bachelor of Ayurvedic Medicine & Surgery) from diﬀerent Universities. They also got registered with Andhra Board for Ayurveda. They allege that during their BAMS course they studied General Medicine, General Surgery, Pediatrics, Gynecology & Obstetrics and Family Planning, and they also did their Internship in Government Medical Colleges. However, when they were practicing and prescribing Allopathic drugs, objections were raised, aggrieved by which, the present writ petition is filed. The question whether Doctors who study Indian Medicine like Ayurvedic Medicine are entitled to practice and prescribe Allopathic drugs under the Drugs and Cosmetics Act, 1940, and the Rules, is no more res integra. The Supreme Court in Dr.A.K.Sabhapathy v State of Kerala[1], Poonam Verma v Ashwin Patel[2] a n d Dr.Mukhtiar Chand v The State of Punjab[3] considered the similar question. In Dr.Mukhtiar Chand it was laid down as under. A harmonious reading of Section 15 of 1956 Act and Section 17 of 1970 Act leads to the conclusion that there is no scope for a person enrolled on the State Register of Indian medicine or Central Register of Indian Medicine to practise modern scientiﬁc medicine in any of its branches unless that person is also enrolled on a State Medical Register within the meaning of 1956 Act. Following the same, this Court holds that the petitioners have no right, much less, a valid enforceable right to seek a writ of mandamus as prayed for. The Writ Petition is, therefore, dismissed. No costs. _____________ (V.V.S.RAO, J) 11.11.2008 vs To 1 The Secretary, Government of A.P., Health, Medical & Family Welfare Dept., A.P. Secretariat, Hyd-500 004. A.P. 2 The Regional Assistant Director of Drugs, NTR. University of Health Sciences Complex, Gundala, Vijayawada, Krishna District 3 2CCs to G.P for Medical Health and Family Welfare, High Court of A.P., Hyderabad. 4 2CD copies Form-NIC-OGS/WP{JGK} [1] 1992 Supp (3) SCC 147 [2] (1996) 4 SCC 332 [3] 1998 (7) Supreme 575