IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 11018 of 2001 Between: 1 Dr Shaik Mohammed Aliuddin, S/o. Late Shaik Muslehuddin, R/o. 23-1.530, Kotle Ali Jah, Hyderabad. 2 Dr Syed Naimathullah Quadri, S/o. Dr Syed Qudrathullah Quadri, R/o. 22-6-785/1, Panje Shah, Hyderabad. 3 Dr.Mohd Qudrathullah Khan, S/o. Late Mehmood Khan, R/o. 2.4.559/1, Khillwat, Hyderabad. 4 Dr.Mohd.Tayyab Hussain, S/o. Late Mohd.Altaf Hussain, R/o. 22-3-947 E/2, Purani Haveli, Hyderabad. 5 Dr.Abdul Razzak, S/o.Abdul Rehman, R/o. 20.6.556/1, Rooplal Bazar, Syed Ali Chabutra, Hyderabad. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by the Chief Secretary, Secretariat, Hyderabad. 2 The Secretary, Health, Medical & Family Welfare [L] Department, Secretariat, Hyderabad. 3 The Central Council of India Medicine, Rep. by its President, Institutional Area, Janakpuri, New Delhi. .....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 of Mandamus or other Writ Order or Direction in the nature of a Writ, calling for the records from the Respondents 1 and 2 and quash the 2nd Respondent's Circular No.8914/L2/97-1 dt. 17.3.1997 and pass Counsel for the Petitioner:MR.A.K.AHMED Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following ORDER: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.11018 of 2001 ORDER: Five petitioners herein seek a writ of Certiorari to quash Circular memorandum No.8914/L2/97-1 dated 17.03.1997 whereby and whereunder the Government of Andhra Pradesh, inter alia, informed that medical practitioners in Homeopathy, Ayurveda, Unani etc should conﬁrm their practise only to the system of medicine in which they are registered and should not practise and prescribe drugs in allopathic medicine or any other system of medicine. A reference was made therein to the decision of the Supreme Court in Poonam Verma v Ashwin Patel and others[1]. When the matter is called learned counsel for the petitioner and learned Government Pleader for Medial Health and Family Welfare brought to the notice of this Court the decision of the Supreme Court in Mukhtiar Chand v. State of Punjab[2] wherein Poonam Verma (supra) was referred and it was laid down that the person enrolled on State Register Indian Medicine or Central Register of Indian Medicine cannot practise modern scientiﬁc medicine in any of its branches unless such person is also enrolled on a State Medical Register within the meaning of the Indian Medical Council Act, 1956. It may be mentioned that in said case, all the petitioners were practitioners in unani medicine. In the present case, the petitioners completed their courses in unani (Indian Medicine). Therefore, the impugned circular is in accordance with law laid down by the Supreme Court. The writ petition is devoid of merits and the same is accordingly dismissed. No costs. _____________ (V.V.S.RAO, J) 10th November, 2008 GHN To 1 The Government of Andhra Pradesh, Rep. by the Chief Secretary, Secretariat, Hyderabad. 2 The Secretary, Health, Medical & Family Welfare [L] Department, Secretariat, Hyderabad. 3 The Central Council of India Medicine, Rep. by its President, Institutional Area, Janakpuri, New Delhi. 4 2CCs to GP FOR MEDICAL HEALTH & FAMI.WELFARE 5 2CD copies Form-NIC-OGS/WP{ANURADHA} [1] AIR 1996 SC 2111 = 1996 AIR SCW 2553 [2] AIR 1999 SC 468 = 1998 AIR SCW 3632