Case: KERALA AYURVEDA PARAMPARYA VAIDYA FORUM Vs. STATE OF KERALA

to be registered, there is no question of getting the protection under sub-section (3) of Section 17 of the said Act. It is to be stated here that there is also no challenge as to the validity of the said Central Act, 1970. The decision of the Delhi High Court therefore cannot be assailed by the appellants. We may indicate here that it has been submitted by Mr Mehta and also by Ms Sona Khan appearing in the appeal arising out of Special Leave Petition No. 6167 of 1993 that proper consideration had not been given to the standard of education imparted by the said Hindi Sahitya Sammelan, Prayag and expertise acquired by the holders of the aforesaid degrees awarded by the said institution. In any event, when proper medical facilities have not been made available to a large number of poorer sections of the society, the ban imposed on the practitioners like the writ petitioners rendering useful service to the needy and poor people was wholly unjustified. It is not necessary for this Court to consider such submissions because the same remains in the realm of policy decision of other constitutional functionaries. We may also indicate here that what constitutes proper education and requisite expertise for a practitioner in Indian Medicine, must be left to the proper authority having requisite knowledge in the subject. As the decision of the Delhi High Court is justified on the face of legal position flowing from the said Central Act of 1970, we do not think that any interference by this Court is called for. These appeals therefore are dismissed without any order as to costs.?16. It would be relevant to quote the following decision in Dr. Sarwan Singh Dardi vs. State of Punjab and Others AIR 1987 P&H 81 wherein it was held as under:-?12. In view of the clear provision in the two Central Acts, namely, S. 15, sub-sec. (2)(b) of 1956 Act and S. 17 sub-sec. (2)(b) of 1970 Act, no person who is not qualified in the system of Modern Medicine and is not registered as such, either in the State Register or the Central Register, is entitled to practice modern system of medicine. Same is the case regarding right to practice the system of Indian medicine namely, that no person who is not possessed of requisite qualification envisaged in the 1970 Act or a like legislation by a State Legislature and is registered as such is entitled to practice the system of Indian medicine.?17. Similarly, in Ishaq Husain Razvi vs. State of U.P. and Others AIR 1993 All. 283 it was held as under:-?10….No doubt the Indian Medicines Central Council may further include degrees and diplomas of other recognized Universities and Institutions in the schedule of the Act, for registration as Ayurvedic/Unani Tibbi medical practitioners. The petitioner has failed to show that he possessed requisite recognized qualification for registration entitling him for practicing in Ayurvedic system of medicines….?18. In our country, the qualified practitioners are much less than the required number. Earlier, there were very few Institutions imparting teaching and training to the Doctors, Vaidyas and Hakimis but the situation has changed and there are quite a good number of Institutions imparting education in indigenous medicines. Even after 70 years of independence, the persons having little knowledge or having no recognized or approved qualification are practicing medicine and playing with the lives of thousands and millions of people. The right to practice any profession or to carry on any occupation, trade or business is no doubt a fundamental right guaranteed under the Constitution. But that right is subject to any law relating to the professional or technical qualification necessary for practicing any profession or carrying on any occupation or trade or business. The regulatory measures on the exercise of this right both with regard to the standard of professional qualifications and professional conduct have been applied keeping in view not only the right of the medical practitioners but also the right to life and proper health care of persons who need medical care and treatment.Conclusion:19. In our country, the numbers of qualified medical practitioners have been much less than the required number of such persons. The scarcity of qualified medical practitioner was previously quite large since there were very few institutions imparting teaching and training to Doctors, Vaidyas, Hakims etc. The position has now changed and there are quite a good number of medical colleges imparting education in various streams of medicine. No doubt, now there are a good numbers of such institutions training qualified medical practitioners at number of places. The persons having no recognized and approved qualifications, having little knowledge about the indigenous medicines, are becoming medical practitioners and playing with the lives of thousands and millions of people. Some time such quacks commit blunders and precious lives are lost.20. The government had been vigilant all along to stop such quackery. A number of unqualified, untrained quacks are posing a great risk to the entire society and playing with the lives of people without having the requisite training and education in the science from approved institutions. The Travancore-Cochin Medical Practitioners Act, 1953 as well as the Indian Medicine Central Council Act, 1970 were also enacted on the similar lines. Every practitioner shall be deemed to be a practitioner registered under the Act if at the commencement of this Act, his name stands entered in the appropriate register maintained under the said Act and every certificate of registration issued to every such practitioner shall be deemed to be a certificate of registration issued under this Act. But in the present case, the appellants herein have failed to show that they possessed requisite recognized qualification for registration entitling them to practice Indian system of medicines or their names have been entered in the appropriate registers after the commencement of this Act.21. In view of the above discussion, we are of the considered opinion that the High Court was right in dismissing the petitions filed by the appellants herein.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]Even though the impact of the provisions of the IMCC Act was not considered but the provision of Section 17 of the IMCC Act also provides for recognition of medical qualification included in Second, Third and Fourth Schedules to be sufficient qualification for enrolment on any State Register of Indian Medicine. Thus the same principles as had been laid down in Dr. A.K. Sabhapathy (supra), as reproduced above, will also apply.In our country, the qualified practitioners are much less than the required number. Earlier, there were very few Institutions imparting teaching and training to the Doctors, Vaidyas and Hakimis but the situation has changed and there are quite a good number of Institutions imparting education in indigenous medicines. Even after 70 years of independence, the persons having little knowledge or having no recognized or approved qualification are practicing medicine and playing with the lives of thousands and millions of people. The right to practice any profession or to carry on any occupation, trade or business is no doubt a fundamental right guaranteed under the Constitution. But that right is subject to any law relating to the professional or technical qualification necessary for practicing any profession or carrying on any occupation or trade or business. The regulatory measures on the exercise of this right both with regard to the standard of professional qualifications and professional conduct have been applied keeping in view not only the right of the medical practitioners but also the right to life and proper health care of persons who need medical care and treatment.In our country, the numbers of qualified medical practitioners have been much less than the required number of such persons. The scarcity of qualified medical practitioner was previously quite large since there were very few institutions imparting teaching and training to Doctors, Vaidyas, Hakims etc. The position has now changed and there are quite a good number of medical colleges imparting education in various streams of medicine. No doubt, now there are a good numbers of such institutions training qualified medical practitioners at number of places. The persons having no recognized and approved qualifications, having little knowledge about the indigenous medicines, are becoming medical practitioners and playing with the lives of thousands and millions of people. Some time such quacks commit blunders and precious lives areThe government had been vigilant all along to stop such quackery. A number of unqualified, untrained quacks are posing a great risk to the entire society and playing with the lives of people without having the requisite training and education in the science from approved institutions. The Travancore-Cochin Medical Practitioners Act, 1953 as well as the Indian Medicine Central Council Act, 1970 were also enacted on the similar lines. Every practitioner shall be deemed to be a practitioner registered under the Act if at the commencement of this Act, his name stands entered in the appropriate register maintained under the said Act and every certificate of registration issued to every such practitioner shall be deemed to be a certificate of registration issued under this Act. But in the present case, the appellants herein have failed to show that they possessed requisite recognized qualification for registration entitling them to practice Indian system of medicines or their names have been entered in the appropriate registers after the commencement of this Act.In view of the above discussion, we are of the considered opinion that the High Court was right in dismissing the petitions filed by the appellants herein.