IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5557 of 2010 1. Rajendra Verma S/O Sri Giridhari Lal R/O 652/11, Opposite Hmt Colony, Sundar Nagar, Beyawar Road, Ajmer, P.S. Ramganj, Distt.- Ajmer, Rajasthan 2. Maya Gupta W/O Dr. Subhash Gupta R/O Village And P.O. Bahadurgarh, P.S. Bahadurgarh, Rohtak, Haryana 3. Bhola Nath @ Bhola Nath Biswas S/O Late Lalit Mohan Biswas R/O Village And P.O.- Bharodia, P.S. Bharodia, Distt.- Banswara, Rajasthan 4. Malay Krishna Mandal S/O Sri Jyotish Chandra Mandal R/O Village And P.O. Kalinjara, P.S. Kalinjara, Distt. Banswara, Rajasthan 5. Badal Rai S/O Sri Gaurang Rai R/O Village, P.O. And P.S. Sajjangarh, Distt. Banswara, Rajasthan 6. Prakash Sakharani S/O Sri Tikam Das Sakharani R/O Mohalla- Subhash Colony, Topdara, P.S.- Clock Tower, Distt.- Ajmer, Rajasthan 7. Mukul Mishra S/O Sri Jagdish Prasad Mishra R/O House No. 131/28, Gajadhar Bhawan, Gujar Bhawan, Paharganj, P.S. Ramganj, Distt.- Ajmer, Rajasthan 8. Turzamal S/O Sri Mohan Lal R/O Hjoola Mohalla, P.S. Usarigate, Distt.- Ajmer, Rajasthan 9. Purushottam @ Purushottam Tahalyani S/O Sri Kanhaiya Laljee Tahalyani R/O 1168/25, Kanhaiya Bhawan, Near Old Radhaswami Satsang, Sai Mohalla, P.O.- Ramjas, Distt.- Ajmer, Rajasthan 10. Ashok Kumar @ Ashok Kumar Ameria S/O Sri Onkar Lal Ameria R/O Vill.- Makhupur, P.S. Adarsh Nagar, Distt.- Ajmer, Rajasthan 11. Rakesh Verma S/O Sri Prem Singh Verma R/O Sawatsar Madanganj, Kishangarh, P.S. Madanganj, Distt.- Ajmer Rajasthan 12. Shyam Murti S/O Sri B.R. Murti R/O Dayanand Market, Kesharganj, P.S. Clock Tower, Distt.- Ajmer, Rajasthan. Petitioners. Versus 1. The Union Of India Through Secretary, Department Of Indian System Of Medicine, Ministry Of Health And Family Welfare, Red Cross, New Delhi-110001 2. The Central Council Of Indian Medicine, Through Its Secretary, Institutional Area, Janak Puri, New Delhi 3. The Chairman, Central Council Of Indian Medicine, Institutional Area, Janak Puri, New Delhi 4. The Principal Secretary, Department Of Health, Vikas Bhawan, Bailey Road, Patna 5. The Bihar State Council Of Ayurvedic and Unani Medicine, Through its Registrar, K-52, Hanuman Nagar, P.O. Lohiya Nagar, Patna-20. Respondents. 2 6. The Chairman, Bihar State Council Of Ayurvedic And Unani Medicine K-52, Hanuman Nagar, P.O.- Lohiya Nagar, Patna-20 7. The Registrar Bihar State Council Of Ayurvedic And Unani Medicine, K-52, Hanuman Nagar, P.O. Lohiya Nagar, Patna-20 ----------- For the petitioner : Dr. Anil Kumar Upadhyay, Advocate For respondents 5-7 : Mr. Anil Kumar Sinha, Advocate For resopsndent4 : Mr. Sandeep Shree, AC to GP-9 ---------- 3. 29.7.2011. Heard learned counsel appearing on behalf of the parties. The petitioner is aggrieved by an order dated 24.7.2007 of the respondent Bihar State Council of Ayurvedic and Unani Medicine, whereby upon direction of the Central Council of Indian Medicine, the State Council has taken a decision to cancel the registration of all Vaidyas’ in the State on the basis of their qualifications of ‘Visharad’ and Ayurved Ratna from the Hindi Sahitya Sammellan, Prayag, Allahabad. Learned counsel for the petitioners very fairly admits that the issue is no more res judicata and stands concluded by the decision of the Hon’ble Supreme Court of India reported in (2010) 12 SCC 609 (Rajasthan Pradesh Vaidya Samiti Sardarshahar and another Versus Union of India and others) holding that the persons obtaining the said qualification after 1967 when 3 the institution no more had recognition were not eligible to practice merely because their names included in the State register. Mr. Upadhyay, learned counsel for the petitioners, refers to para-33 of the writ petition in which the petitioners have tried to re-enforce their claims on the basis of their practice of 17-25 years. However, the said aspect is no more available to the petitioners in view of the judgment passed by the Hon’ble Supreme Court as taken note hereinabove. With the aforesaid observations, the writ petition is disposed of. ahk (Jyoti Saran, J.)