IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WA.No. 1778 of 2008 ------------------------------------ AGAINST THE JUDGEMENT IN WPC.1735/2006 Dated 21/05/2008 .................... APPELLANTS/PETITIONERS: ---------------------------------------- 1. THE MALABAR AREA TRADITIONAL AYURVEDIC MEDICAL PRACTIONERS ASSOCIATION, (REGD WITH NO. 918 OF 2005) P.O. MAVOOR, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY K.V.M. VARIER. 2. K.V. MADHAVA VARIER VAIDYAR, NIRMALA BHAVAN, KALLERI P.O., PERUVAYAL, KOZHIKODE DISTRICT. 3. M.R. BHASKARAN VAIDYAR, SOUPARNIKA, P.O. NELLIKODE, KOZHIKODE DISTRICT. 4. T.P. BHASKARAN VAIDYAR, MARAKKAM POYIL HOUSE, P.O. KARAPPARAMBA, KOZHIKODE DISTRICT. 5. EDAVANA LOHITHAKSHAN VAIDYAR, KANAKALAYAM P.O., IRINGAL, KOZHIKODE DISTRICT. BY ADV. SRI.C.VALSALAN SRI.GHOSH YOHANNAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V. W.A.NO.1778/2008 -2- RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM, 3. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 4. THE ASST. EXCISE COMMISSIONER, CALICUT, KOZHIKODE DISTRICT. 5. THE COUNCIL OF INDIGINOUS MEDICINE, OFFICE OF THE MEDICAL COUNCIL, RED CROSS ROAD, THIRUVANANTHAPURAM. 6. THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL, RED CROSS ROAD, THIRUVANANTHAPURAM. 7. THE DIRECTOR OF AYURVEDIC MEDICAL EDUCATION, ARYGYA BHAVAN, M.G. ROAD, THIRUVANANTHAPURAM. 8. UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, NIRMAN BHAVAN, MOULANA AZAD ROAD, NEW DELHI. R1 TO R4 & R7 BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. R5, R6 BY STANDING COUNSEL SRI.N.RAGHURAJ. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ----------------------------------------------------- W.A.No.1778 of 2008 ---------------------------------------------- Dated, this the 4th day of September, 2008 JUDGMENT K.M.Joseph, J. The first appellant is an association of Traditional Ayurvedic Medical Practitioners and appellants 2 to 5 are the practitioners. They approached this Court feeling aggrieved by the refusal by the authorities to renew the L3 licence beyond 31.3.2005. The refusal to renew the licence was apparently on the basis of this Court's order in Vanchiyoor Madhom Dhannuanthiri Sannidhanam Vs. State of Kerala (2003 (1) KLT 520) wherein this Court took the view that the persons who do not fulfill the prescribed qualifications under the Travancore-Cochin Medical Practitioners Act, 1953 and are still not registered under the said Act cannot be permitted to practice in Ayurvedic medicines. The appellants do not possess any of the qualifications prescribed under the Act. Learned Single Judge took the view that the only relief that can be granted to the petitioners is to permit them to represent the matter before the State Government so that they can persuade the State to issue a Notification under the proviso to Section 38 of the Travancore-Cochin Medical Practitioners Act, 1953. It is feeling aggrieved by the order passed by the learned Judge, the WA 1778/2008 -2- appellants are before this Court. 2. We heard the learned counsel for the appellants. The learned counsel for the appellants has no case that the members of the first appellant association have the requisite qualifications prescribed for registration under the Travancore-Cochin Medical Practitioners Act, 1953, or that they are registered under the said Act. Going by the provisions, therefore, they cannot be allowed to practice in ayurvedic medicine. Therefore, the request of the appellants to renew the licence beyond 31.3.2005 was rightly rejected. Learned counsel for the appellants attempted to draw support from the provisions of Section 17 (3) (a) of the Indian Medicine Central Council Act, 1970 which reads as follows: 17. Rights of persons possessing qualifications included in Second, Third and Fourth Schedules to be enrolled:- xx xx (3) Nothing contained in sub-section (2) shall affect-- (a) the right of a practitioner of Indian medicine enrolled on a State Register of Indian Medicine to practise Indian medicine in any State merely on the ground that, on the commencement of this Act, he does not possess a recognized medical qualification; xx xx WA 1778/2008 -3- 3. In answer to the query from us, the learned counsel for the appellants submitted that the appellants have never been registered under the State Register. Section 17(3) (a) of the Indian Medicine Central Council Act, 1970 is attracted only if a person is enrolled on a State Register of Indian Medicine and he gets right to continue to practice even after the commencement of the Act even if he does not possess a recognized medical qualification. Since the appellants have not been registered under the State Register, they have no legal right to invoke the provisions contained under the said Act. The learned counsel for the appellants then made a request that pending consideration of the representation they may be permitted to practice . A person has a right to approach a writ Court to enforce the law. It is settled that the writ Court cannot be called upon to issue a direction to the authorities to act contrary to the law. What the appellants are requesting us is to issue a direction to commit an illegal act. It is taking note of all the circumstances, the learned Single Judge has disposed of the writ petition by permitting them to approach the Government for a Notification under the proviso to Section 38 of the Travancore-Cochin Medical Practitioners Act, 1953. We feel that no further relief can be granted to the appellants. WA 1778/2008 -4- The writ appeal fails and it is dismissed. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS