THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO :21538 of 2000 ORDER: The petitioner is an association of Homeo Medical Practitioners in Visakhapatnam District. The members of the association are homeopathy practitioners. It appears that the members did not undergo any formal courses, leading to award of degree or diploma. The Andhra Ayurvedic and Homeopathic Medical Practitioners Registration Act, 1956 (for short ‘the Andhra Pradesh Act’) provides for recognition of practitioners by issuing certificates to different categories of persons. Section 28 of this Act provides for maintenance of a register of practitioners. Separate parts are be maintained for the practitioners of Ayurvedic, Unani Tibbi, prakriti and homeopathic systems. Further, in each of these categories, the practitioners are divided into two classes viz., class (a) and (b). Class (a) comprises of those, who hold degrees or diplomas in the concerned discipline; and class (b) comprises of those practitioners, who do not fall in class (a) but are entitled to have their names included in Section 27. The Parliament enacted Homeopathy Central Council Act, 1973 (for short ‘the Homeopathy Act’). It provides for registration of persons, which in turn would entitle them to practice in any part of India and to participate in the election to the central council. In the Second Schedule, the qualifications that are required to be possessed by the candidates are mentioned. So far as State of Andhra Pradesh is concerned, the diploma certificates issued by four institutions are recognized. The grievance of the petitioner is that its members do not find place anywhere in the Homeopathy Act, though they are recognized as practitioners under the Andhra Pradesh Act. They seek directions to the respondents herein to take necessary steps for inclusion of class (b) practitioners under Section 28 of the Andhra Pradesh Act in the Homeopathy Act also. Heard Sri M.V.Rajaram, learned counsel for the petitioner, Sri Deepak Bhattacharjee, learned counsel for respondents 1 and 4 and the learned Government Pleader for Medical and Health appearing for respondents 2 and 3. The Legislature of the State of Andhra Pradesh on the one hand and the Parliament of India on the other have enacted laws for regulating the practice of homeopathy. The Andhra Pradesh Act provides for registration of not only those persons, who possess the degrees or diplomas awarded by the concerned institutions, but also those who practice the concerned discipline, but without possessing any formal degree or diploma. The efficiency of such candidates is tested by conducting examinations. Similar facility is not however provided under the Central Legislature viz., the Homeopathy Act. It is only the persons who possess the degrees or diplomas awarded by the institutions mentioned in the Second Schedule that are entitled to be registered. On being included in the register, the concerned persons acquire the right to practice anywhere in India and also to participate in the elections. The petitioner cannot insist that the candidates who did not possess any formal degree or diploma must also be brought under the purview of the Homeopathy Act. It is for the Parliament to take a decision in this regard. In its wisdom the Parliament felt it not necessary to provide for registration of persons without any formal educational qualifications in the concerned discipline. This Court cannot substitute its opinion for that of the Parliament. The respondents cannot be compelled to take steps for inclusion of the class (b) practitioners under the Andhra Pradesh Act in the Second Schedule II to the Homeopathy Act. The writ petition is accordingly dismissed. There shall be no order as to costs. _________ 24.12.2008 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO :21538 of 2000 Date: 24.12.2008 JSU