IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 OP.No. 17797 of 2002(R) ----------------------- PETITIONER(S): --------------- DR.T.V.THAMPAN, AGED 48 YEARS, S/O.SHRI KUNHAMBU NAIR, R/O.THALIYIL HOUSE, ENKULAM,PAYAKKARA VILLAGE,PAYYANUR TALUK, KANNUR DISTRICT. BY ADV. SRI.P.J.JOSEPH SRI.V.GANGADHARAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY,HEALTH & FAMILY WELFARE, TRIVANDRUM. 2. THE REGISTRAR, MEDICL COUNCIL, RED CROSS ROAD, TRIVANDRUM. 3. THE DIRECTOR, HOMEOPATHIC MEDICINES, RED CROSS ROAD, TRIVANDRUM. ADV. SRI.N.RAGHURAJ,SC FOR T.C.M.C. FOR R2 R1 AND R3 BY GOVERNMENT PLEADER SRI. MATHEW VADAKKEL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX ORDER ON CMP 30297 OF 2002 IN OP 17797 OF 2002 DISMISSED 6.8.2009 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF LETTER NO.C.979/80/MC DATED 28.6.1980 ADDRESSED TO THE SECRETARY, UTTARA KERALA HOMEOPATHIC ASSOCIATION BY THE REGISTRAR, MEDICAL COUNCIL, TRIVANDRUM. EXT.P2 TRUE COPY OF THE LETTER NO. V.11016/4/77MP (P) DATED 4.3.1978 EXT.P3 CERTIFIED COPY OF JUDGMENT IN OP 2845 OF 1986 DATED 2.11.1987 EXT.P4 CERTIFIED COPY OF COMMON JUDGMENT IN OP 3510 OF 1991 DATED 3.2.2002 EXT.P5 TRUE COPY OF LETTER ISSUED BY GOVERNMENT OF KERALA, HEALTH & FAMILY WELFARE (G) DEPARTMENT NO. 7530/G2/01/H & FWD DATED 27.3.2001 EXT.P6 TRUE COPY OF LAWYER NOTICE DATED 15.2.2002 EXT.P7 TRUE COPY OF LETTER NO. H2.1386/2002/MC DATED 10.4.2002 ISSUED BY 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O. P. NO. 17797 OF 2002 -------------------------------------------- Dated this the 6th day of August, 2009 JUDGMENT Petitioner is an unregistered homoeopathic practitioner who does not have recognised qualification for registration with the Council. Taking into account the fact that large number of medical practitioners of homoeopathic, and ayurvedic, do not have required qualification for registration with the Council, the Government granted exemption from registration. So long as exemption order stands, petitioner cannot have any grievance as he can continue his practice. However, standing counsel appearing for the TC Medical Council submitted that the matter is pending before the Division Bench wherein some of the registered practitioners have challenged the Government order permitting practice by persons who do not have required qualification for registration as homoeopathic practitioners. Since this is an issue that affects large number of persons engaged in the medical practice for a long period, I do not think every practitioner should contest the matter in this Court. In fact as and when the Division Bench 2 pronounces judgment the same will bind all concerned. Since petitioner has sought for only general directions and declarations, which is exactly the same issue under consideration before the Division Bench, I close the O.P. directing the respondents not to take any action individually against the petitioner, and take action against all similarly placed persons after Division Bench judgment. (C.N. RAMACHANDRAN NAIR) Judge kk 3