IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 21924 of 2011(M) -------------------------- PETITIONER(S): --------------- T.K.KALLYANIKUTTY,W/O.KUTTAPPAN, AGED 70 YEARS, MANOJ, HOMOEO CLINIC, KEEZHPALLY P.O.,KANNUR DISTRICT BY ADV. SRI.CIBI THOMAS RESPONDENT(S): --------------- 1. THE REGISTARAR, TRAVANCORE-COCHIN COUNCIL OF HOMEO MEDICINE RED CORSS ROAD, THIRUVANANTHAPURAM-35 2. STATE OF KERALA REP.BY ITS SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE THIRUVANANTHAPURAM-695001 3. DIRECTOR, HOMEO MEDICAL COUNCIL THIRUVANANTHAPURAM, KERALA-695001 4. UNION OF INDIA, REP.BY SECRETARY MINISTRY OF HEALTH, NEW DELHI-110011 5. DR.A.M.GEORGE, ANNAHOMEOR MEDICAL CENTRE, OPP.NMG BANK, KEEZHPALY P.O.,KANNUR DISTRICT PIN-670021 ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC FOR R1 GP MAYA ASG SRI.P.PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21924 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE CERTIFICATE ISSUED BY THE KANNUR DISTRICT HOMEOPATHIC PHYSICIANS ASSOCIATION EXT.P2- TRUE COPY OF THE NOTICE DATED 18.6.10 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXT.P3- TRUE COPY OF THE REPLY DATED 4.7.10 SUBMITTED BY THE PETITIONER EXT.P4- TRUE COPY OF THE ORDER DATED 15.6.11 ISSUED BY THE 1ST RESPONDENT EXT.P5- TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER EXT.P6- TRUE COPY OF THE JUDGMENT IN OP NO.997 OF 1986 EXT.P7- TRUE COPY OF THE JUDGMENT IN OP 14203 OF 1992 AND 13747 OF 2002 OF THIS HONOURABLE COURT DATED 2.12.92 EXT.P8- TRUE COPY OF THE JUDGMENT IN OP 2875 OF 2003 EXT.P9- TRUE COPY OF THE ORDER DATED 4.6.2009 ISSUED BY the 2ND RESPONDENT EXT.P10- A TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT AYYANKUNNU GRAMA PANCHAYAT EXT.P11- TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, AARALAM GRAMA PANCHAYAT (True copy) P. A to Judge ANTONY DOMINIC, J ....................................................... W.P.(C).21924/2011 .............................................. Dated this the 19th day of October, 2011 JUDGMENT Petitioner submits that she is a Homeo Medical Practitioner in Malabar area. In this writ petition, she claims the benefit of Section 15(3)(c) of the Homeopathy Central Council Act, 1973 [Act 59 of 1973] (in short 'the Act'). On that basis, petitioner seeks to quash Exts.P2 and P4 and to direct the respondents not to interfere with her Homeopathy practice in Malabar area. Act 59 of 1973 came into force with effect from 20.10.1973. 2. Chapter 3 of the Act deals with recognition of medical qualifications. Section 15 deals with the right of persons possessing qualifications to be enrolled. However, Section 15(3)(c) provides an exemption and says that nothing contained in sub section (2) of Section 15 shall affect “the right of a person to practice Homeopathy in a State in which on the commencement of this Act, a State Register of Homeopathy is not maintained if, on such commencement, he has been practicing Homeopathy for not less than five years”. W.P.(C).21924/11 2 3. Thus, a person can claim the benefit of Section 15(3)(c), if he has been practicing Homeopathy for not less than five years on the commencement of the Act, ie., 20th December, 1973. Therefore, the question is whether on the material available before this Court, petitioner has succeeded in proving that she has been practicing Homeopathy at least, from 20th December, 1968. 4. Two documents have been relied on in support of the contention. One is the certificate issued by the President of Ayyankunnu Grama Panchayat which has been produced as Ext.P10. This certificate reveals that the petitioner has been practicing Homeopathy since 1964. Yet another document produced by the petitioner is the certificate issued by the Secretary of Kannur District Homeopathic Physicians' Association, which says that the petitioner has been a member of the Association since its formation in 1967. 5. Neither of these documents, in my view, can be accepted to hold conclusively that the petitioner was an active practitioner of Homeopathy from 1968, as claimed by her. The certificate issued W.P.(C).21924/11 3 by the Panchayat President does not refer to any document nor does he even say that from what source has he gathered such information. The certificate issued by the Secretary of the Homeopathic Physicians' Association does not even say that on what date the petitioner acquired the membership of the Association nor does the certificate furnish the membership number. In such circumstances, these certificates only furnish vague information and cannot deserve acceptance, much less in a proceedings under Article 226 of the Constitution of India. Therefore, I am not in a position to accept the plea of the petitioner that she is entitled to benefit under Section 15(3)(c) of the Act and on that basis, entitled to practice without registration. Writ petition fails and it is dismissed. ANTONY DOMINIC, Judge mrcs