IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WP(C).No. 31314 of 2010(L) -------------------------- PETITIONER(S): --------------- BENNY, AGED 42 YEARS, S/O.T.J.VARGHESE, THEKKETHIL HOUSE, VALLARDIE, VANDIPERIYAR, PIN - 685 533. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY CENTRAL SECRETARY TO THE HEALTH AND FAMILY AFFAIRS, CENTRAL SECRETARIAT, NEW DELHI - 110 001. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM - 695 001 3. TRAVANCORE COCHIN MEDICAL COUNCIL, RED-CROSS ROAD, THIRUVANANTHAPURAM REP. BY ITS DIRECTOR - 695 001. ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R3 SHRI JIBU P.THOMAS, CGC FOR R1 GOVERNMENT PLEADER T.K.ARAVINDAKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.31314 OF 2010(L) -------------------------------------------------- Dated this the Ist day of February, 2011 J U D G M E N T Petitioner claims to be a doctor of medicine(Acupuncture). Exts.P1 and P2 are the certificates which are relied on. It is stated that by Ext.P4, Government of India, Ministry of Health and Family Affairs ordered that those qualified in alternate system of medicine including Acupuncture be permitted to practice in all the States and the Union Territories. It is stated that despite the decision of the Government of India as reflected in Ext.P4, the State Government have not taken any follow up action and as a result of which persons like the petitioner are prevented from practicing Acupuncture system of medicine. It is in these circumstances the writ petition has been filed for appropriate orders compelling he Government of Kerala to take action in the matter. 2. As far as the 3rd respondent, the Travancore Cochin Medical Council is concerned, the standing counsel submits that the scope of the activities of the said council is covered by the provisions contained in the Travancore Cochin Medical WPC.No. 31314/2010 :2 : Practitioners Act, 1953. It is submitted that the said Act does not cover the Acupuncture system of medicine and therefore as at present, the 3rd respondent cannot regulate the activities of those practicing Acupuncture system of medicine. 3. Irrespective of the decision taken by the Government of India, it is the conceded position that as at present there is no legislative enactment regulating practice of Acupuncture system of medicine. Therefore, unless the State Government brings out a legislation governing the Acupuncture system of medicine or at least amends the Act which governs the 3rd respondent, bringing within its fold Acupuncture system of medicine also, it will not be possible for the petitioner practice Acupuncture system of medicine in pursuance to Ext.P4. In that view of the matter and also having regard to the decision of the Govt. of India as reflected in Ext.P4, this is a matter which the 2nd respondent to take appropriate action in the matter. Although such a necessity can be found it will be beyond the power of this court to direct the 2nd respondent to legislate in the matter. 4. Taking note of all these I direct that on the production of a copy of the judgment, the 2nd respondent will consider and WPC.No. 31314/2010 :3 : take appropriate action in the matter in the light of Ext.P4 and in the light of the observation herein. Such a decision in the matter will be taken as expeditiously as possible. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/