WP(C) Nos. 8301/2015 and connected cases v. State of Kerala and others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE GOPINATH P.`** ``` FRIDAY, THE 12[TH] DAY OF JANUARY 2024 / 22ND POUSHA, 1945 ``` ## **`WP(C) NO. 8301 OF 2015`** ## **`PETITIONER:`** ``` DR.K.T.THOMAS, AGED 68 YEARS, S/O.K.C.THOMAS, KUTTOTHARA HOUSE, VELLAKKUVETTOM P.O., PUNALUR, KOLLAM DISTRICT-691 305. ``` ``` BY ADV SRI.S.S.RAJESH ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2THE CENTRAL COUNCIL OF HOMOEOPATHY, REPRESENTED BY ITS SECRETARY, 10-COMMUNITY CENTRE, BASANI LOK, VASANT VIHAR, NEW DELHI-110 057. 3THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM - 695 001. 4UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND FAMILY PLANNING, NEW DELHI – 110 001. 5DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM - 695 001. 6DISTRICT COLLECTOR, OFFICE OF THE COLLECTOR, KOLLAM - 691 001. 7DISTRICT MEDICAL OFFICER, KOLLAM - 691 001. BY ADVS. ``` ``` SRI.N.RAGHURAJ, SC, TCMC & KNMC SRI. MANU S (DSGI), SRI. VENUGOPAL V (GP) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, ALONG WITH WP(C).10651/2018, 1012/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8301 OF 2015 & CONNECTED CASES 2 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 12[TH] DAY OF JANUARY 2024 / 22ND POUSHA, 1945 ``` ## **`WP(C) NO. 10651 OF 2018`** ## **`PETITIONER:`** ``` DR. SANTHOSH S.S, AGED 42 YEARS SOMASUNDARAN, 42, MURUKAVILASAM,KATTACHALKUZHI P.O., VENGANOOR,NEYYATTINKARA, TRIVANDRUM DISTRICT, KERALA. BY ADV SRI.S.S.RAJESH ``` ## **`RESPONDENTS :`** ``` 1STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. ``` - `2 THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL,NEAR GENERAL HOSPITAL,THIRUVANANTHAPURAM-695 009.` - `3 UNION OF INDIA, REPRESENTED BY SECRETARY,MINISTRY OF HEALTH AND FAMILY PLANNING,NEW DELHI-110 020.` - `4 DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL POLICE, THIRUVANANTHAPURAM-695 001.` ``` 5DISTRICT COLLECTOR, OFFICE OF THE COLLECTOR, KOLLAM - 691 008. 6DISTRICT MEDICAL OFFICER, KOLLAM-691 008. BY ADVS. SRI.N.RAGHURAJ, SC, TCMC & KNMC SRI.S.MANU (DSGI) SRI.VENUGOPAL, GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8301 OF 2015 & CONNECTED CASES 3 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 12[TH] DAY OF JANUARY 2024 / 22ND POUSHA, 1945 ``` ## **`WP(C) NO. 1012 OF 2015`** ## **`PETITIONER:`** ``` DR.ANZARUDEEN E, AGED 42 YEARS S/O.K.R.KESAVAN, BEEN HUT, PERUNGUZHI (P.O.), THIRUVANANTHAPURAM (DIST) - 695 305. ``` ``` BY ADV SRI.S.S.RAJESH ``` ## **`RESPONDENTS:`** - `1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.` - `2 THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL, NEAR GENERAL HOSPTIAL, THIRUVANANTHAPURAM.` - `3 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND FAMILY PLANNING, NEW DELHI.` - `4 DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM.` - `5 DISTRICT COLLECTOR OFFICE OF THE COLLECTOR, THIRUVANANTHAPURAM.` - `6 DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM. BY ADVS. SRI.N.RAGHURAJ, SC, TCMC & KNMC SRI.S.MANU (DSGI) SRI.VENUGOPAL, GP` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8301 OF 2015 & CONNECTED CASES 4 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` FRIDAY, THE 12[TH] DAY OF JANUARY 2024 / 22ND POUSHA, 1945 WP(C) NO. 12619 OF 2016 ``` ## **`PETITIONER:`** ``` SIDHARTHAN VAIDHYAN, AGED 56 YEARS, S/O.LATE CHAKRAPANI VAIDYAR, PUNARJANI SIDDHA MARMA CHIKILSALAYAM S.S.NIVAS, MEENAD EAST, CHATHANOOR.P.O,M.C.PURAM, KOLLAM DISTRICT. BY ADV SRI.S.S.RAJESH ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM-695 001 ``` - `3 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND FAMILY PLANNING, NEW DELHI-110 001.` - `4 DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695 010` ``` 5DISTRICT COLLECTOR, OFFICE OF THE COLLECTOR, KOLLAM-691 013. 6DISTRICT MEDICAL OFFICER, KOLLAM-691 001. BY ADVS. SRI.N.RAGHURAJ, SC, TCMC & KNMC SRI.M.N.MANMADAN, CGC SRI.S.MANU (DSGI) SRI.VENUGOPAL V (GP) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8301 OF 2015 & CONNECTED CASES 5 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` FRIDAY, THE 12[TH] DAY OF JANUARY 2024 / 22ND POUSHA, 1945 WP(C) NO. 18495 OF 2016 ``` ## **`PETITIONER:`** ``` M. SHAJAHAN MUSALIYAR VAIDYAN @ SHAJAHAN MUSALIYAR AL KHADIRI, AGED 55 YEARS RABANI -HERIDIATARY UNANI ARABIC TREATMENT CENTRE, DHARUL IJABA MANZIL, KAYYALAKKAL CHERRY, PALLIMUKU PO, KOLLAM. BY ADV SRI.S.S.RAJESH ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695001. 2THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL, NEAR GENERAL HOSPITAL, THRIUVANANTHAPURAM – 695001. 3UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND FAMILY PLANNING, NEW DELHI – 110001. 4DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM – 695001. 5DISTRICT COLLECTOR, OFFICE OF THE COLLECTOR, MALAPPURAM – 676505. 6DISTRICT MEDICAL OFFICER, MALAPPURAM – 676505. BY ADVS. GOVERNMENT PLEADER SRI.N.RAGHURAJ, SC, TCMC & KNMC SRI.M.RAJENDRA KUMAR, CGC SRI.M.RAJENDRA KUMAR CGC SRI.N.RAGHURAJ, SC, TCMC KNMC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8301 OF 2015 & CONNECTED CASES 6 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 12[TH] DAY OF JANUARY 2024 / 22ND POUSHA, 1945 WP(C) NO. 27540 OF 2016 ``` ## **`PETITIONER:`** ``` E.SHIHAB THANGAL HYDROSI VAIDYAN @ S.E.K.THANGAL HYDROSI, AGED 40 YEARS, S/O.KOYA THANGAL,KHADIRIYA ARABIC COLLEGE AND TREATMENT CENTRE,KAYYALAKKAL CHERRY, ERAVIPURAM,THATTAMALA P.O, KOLLAM. ``` ``` BY ADV SRI.S.S.RAJESH ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM -695 001. 2THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL,NEAR GENERAL HOSPITAL,THIRUVANANTHAPURAM -695 001. 3UNION OF INDIA, REPRESENTED BY SECRETARY,MINISTRY OF HEALTH AND FAMILY PLANNING,NEW DELHI - 110 001. ``` - `4 DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM - 695 001.` ``` 5DISTRICT COLLECTOR OFFICE OF THE COLLECTOR,KOLLAM 691 001. 6DISTRICT MEDICAL OFFICER KOLLAM - 691 001. BY ADVS. SMT.PREMLATHA K. NAIR, CGC GOVERNMENT PLEADER SMT.PREMLATHA K. NAIR CGC ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 7 WP(C) NO. 8301 OF 2015 & CONNECTED CASES ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 12[TH] DAY OF JANUARY 2024 / 22ND POUSHA, 1945 WP(C) NO. 27546 OF 2016`** ## **`PETITIONER:`** ``` ABDUL SALAM, AGED 53 YEARS, S/O ABDULMAJEED, PARANKIMAMTHUNDIL HOUSE,THRIPPALAZHIKAM CHERRY, KAREEPRA VILLAGE,KOTTARAKKARA TALUK, THRIPPALAZHIKAM P.O. BY ADV SRI.S.S.RAJESH ``` ## **`RESPONDENTS:`** - `1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.` - `2 THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM-695 001.` - `3 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND FAMILY PLANNING, NEW DELHI-110 001.` - `4 DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE,THIRUVANANTHAPURAM-695 001.` - `5 DISTRICT COLLECTOR, OFFICE OF THE COLLECTOR, KOLLAM-691 001.` - `6 DISTRICT MEDICAL OFFICER, KOLLAM-691 001.` ``` BY ADVS. ``` ``` SRI.N.RAGHURAJ, SC, TCMC & KNMC SRI.S.MANU (DSGI) SRI.VENUGOPAL, GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8301 OF 2015 & CONNECTED CASES 8 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 12[TH] DAY OF JANUARY 2024 / 22ND POUSHA, 1945 WP(C) NO. 28303 OF 2017`** ## **`PETITIONER:`** ``` DR. AJAY RAJ M, SOORYODAYAM,VALLABHANKARA,PUTHOOR.P.O., KOLLAM, KERALA. ``` ``` BY ADV SRI.S.S.RAJESH ``` ## **`RESPONDENTS:`** - `1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT,HEALTH AND FAMILY WELFARE DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.` - `2 INDIAN SYSTEM OF MEDICINE, REPRESENTED BY ITS SECRETARY,MINISTRY OF AYUSH, AYUSH BHAVAN,B BLOCK GPO COMPLEX, INA NEW DELHI110 023.` - `3 THE REGISTRAR, TRAVANCORE- COCHIN MEDICAL COUNCIL,NEAR GENERAL HOSPITAL,THIRUVANANTHAPURAM – 695 001.` - `4 UNION OF INDIA, REPRESENTED BY SECRETARY,MINISTRY OF HEALTH AND FAMILY PLANNING, NEW DELHI – 110 014.` - `5 DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM – 695 001.` - `6 DISTRICT COLLECTOR, OFFICE OF THE COLLECTOR, TRIVANDRUM – 695 001.` - `7 DISTRICT MEDICAL OFFICER, TRIVANDRUM – 695 001.` ``` BY ADVS. ``` ``` SRI.N.RAGHURAJ, SC, TCMC & KNMC ``` ``` SRI.S.MANU (DSGI) ``` ``` SRI.VENUGOPAL, GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8301 OF 2015 & CONNECTED CASES 9 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` FRIDAY, THE 12[TH] DAY OF JANUARY 2024 / 22ND POUSHA, 1945 ``` ## **`WP(C) NO. 32233 OF 2016`** ## **`PETITIONER:`** ``` B SULFIKER MUSSALIAR @ HAKKIM SULFIKAR MUSALIAR, AGED 39 YEARS, S/O H.BADARUDHEEN, KHAJA MANZIL, VADAKKUM MURI CHERRY, THAZHAVA VILLAGE, KARUNAGAPPALLY TALUK, S.R.P.M.P.O, KOLLAM- 690 523 ``` ``` BY ADV SRI.S.S.RAJESH ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL, NEAR GENERAL HOSPITAL, THIRUVANANTHAPURAM. 3UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND FAMILY PLANNING, NEW DELHI. 4DIRECOR GENERAL OF POLICE OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 5DISTRICT COLLECTOR, OFFICE OF THE COLLECTOR, KOLLAM. 6DISTRICT MEDICAL OFFICER, KOLLAM. BY ADVS. SMT.MAHESWARY.G., CGC GOVERNMENT PLEADER SMT.MAHESWARY.G. CGC ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 10 WP(C) NO. 8301 OF 2015 & CONNECTED CASES ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 12[TH] DAY OF JANUARY 2024 / 22ND POUSHA, 1945 WP(C) NO. 32971 OF 2017`** ## **`PETITIONER:`** ``` SHAJAHAN USTAD, AGED 58 YEARS, S/O. SALAHUDEEN,PALLIVILA PUTHEN VEEDU,ELAMPA P.O., VALAKKADE - 695 103. ``` ``` BY ADV SRI.S.S.RAJESH ``` ## **`RESPONDENTS:`** - `1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TOGOVERNMENT, HEALTH AND FAMILY WELARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM – 695 001.` - `2 THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL,NEAR GENERAL HOSPITAL,THIRUVANANTHAPURAM – 695 001.` ``` 3UNIOIN OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND FAMILY PLANNING,NEW DELHI – 110 001. ``` - `4 DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM – 695 001.` - `5 DISTRICT COLLECTOR, OFFICE OF THE COLLECTOR, KOLLAM - 691 004.` - `6 DISTRICT MEDICAL OFFICER, KOLLAM – 691 004. BY ADVS.` ``` SRI.N.RAGHURAJ, SC, TCMC & KNMC SRI.S.MANU (DSGI) SRI.VENUGOPAL, GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, ALONG WITH WP(C).8301/2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 8301 OF 2015 & CONNECTED CASES 11 ## JUDGMENT [WP(C) Nos.8301/2015, 10651/2018, 1012/2015, 12619/2016, 18495/2016, 27540/2016, 27546/2016, 28303/2017, 32233/2016, 32971/2017] The petitioners in these cases have approached this Court stating that they are entitled to an order exempting them from registration under the Travancore Cochin Medical Practitioners’ Act, 1953 (in short ‘ the Act’) under the proviso to Section 38 of the said Act. 2. The learned Government Pleader and the learned counsel appearing for the Travancore Cochin Medical Council would submit that the issue raised in these writ petitions is covered against the petitioners by the judgment of the Supreme Court in Kerala Ayurveda Paramparya Vaidya Forum v. State of Kerala and Others [2018(3) KHC 185]. Thereafter, a Division Bench of this Court in the judgment in Central Council of Indian Medicine and Others v. State of Kerala and Others [2020 KHC 759], held as follows:- WP(C) NO. 8301 OF 2015 & CONNECTED CASES 12 25. Therefore, it is clear that the question with respect to the powers of the State Government to grant exemption under the Act, 1953 vis-a-vis the provisions of the Central Act, 1970 was considered by the Apex Court also taking into account the judgment of the Apex Court in Dr. A.K. Sabhapathy (supra), and held that unless and until a qualified practitioner secures registration under the provisions of the Act, 1970 they are not entitled to practice the Indian system of Medicine or they are entitled to register their names in the appropriate Registers after the commencement of the Central Act, 1970 otherwise than as provided under the Central Act, 1970. According to us, the clear cut findings entered by the Apex Court in Dr. A.K. Sabhapathy (supra) and the Kerala Ayurveda Paramparya Vaidya Forum (supra) make it clear that the issues now raised in the writ petitions are settled finally and therefore, the State Government is not empowered to grant any exemption invoking the first proviso to Section 38 of the Travancore-Cochin Medical Practitioners Act, 1953 and permit practice otherwise than in accordance with the provisions of the Central Council Act 1970, r/w with the relevant provisions of the Act 1953. Since the Apex Court in Kerala Ayurveda Paramparya Vaidya Forum has followed the proposition of law in Dr. A.K. Sabhapathy, we are of the clear opinion that the first proviso to Section 38 WP(C) NO. 8301 OF 2015 & CONNECTED CASES 13 of the Act, 1953 is repugnant to the provisions of Section 17 of the Central Act, 1970. We are also of the opinion that the Central Act, 1970 was brought into force in order to maintain the minimum standards for admission, duration of courses of training, details of the curricula and syllabi of studies and the title of degree or diploma varying from State to State and even from Institution to Institution in the same State and the statutory Central Council was constituted after conducting an in depth study by the Government of India relating to the Indian system of medicine and homeopathy. The main functions of the Central Council is to involve uniform standards of education and registration of the practitioners of the Indian system of Medicine and Homoeopathy and the Central Council was empowered to form separate committees for ayurveda, siddha, unani and homeopathy and the registration of the practitioners was made compulsory on the Central Register of Indian Medicine and Homoeopathy to ensure that the medicine is not practised by those who are not qualified in the Indian systems of Medicine and those who practice, observe the Code of Ethics in the profession. It was specifying the above that the bill was introduced and the Central Act, 1970 was constituted. Even though we find that the Government of India have addressed various communications to the Secretary to Government, WP(C) NO. 8301 OF 2015 & CONNECTED CASES 14 Health and Family Welfare Department, Government of Kerala to make suitable alterations in the Register, which communications are produced along with W.P. (C) No. 21419 of 2009 filed by the Central Council of Indian Medicine, no effective steps were taken to make suitable amendments in the Act, 1953 to avoid conflict with the Central Act, 1970. However, the State Government has chosen to issue Government Orders specified above granting exemption from registration, thus, permitting the traditional practitioners of ayurveda to practice ayurveda without the qualifications prescribed under the law and registration in terms of law. Therefore, we have no hesitation to hold that the action of the State Government in granting exemption invoking the powers conferred under the first proviso to Section 38 to traditional Ayurveda practitioners has no legal sustenance, and further the 1st proviso to Section 38 of the Act, 1953 being repugnant to section 17( 2) of the Central Act, 1970 is unconstitutional. 26. to 41………………………………………………………………. 42. Taking into account all the above legal aspects, we are of the considered opinion that the orders issued by the State Government with respect to exemption from registration by invoking the powers conferred under the first proviso to Section 38 of the Act, 1953 is WP(C) NO. 8301 OF 2015 & CONNECTED CASES 15 repugnant to the provisions of the Central Act, 1970 as is discussed above and therefore, the same is unconstitutional. So also, the Government Orders issued providing registration to the unqualified practitioners of Naturopathy and other alternative medicines are in conflict with the provisions of the Central Act, 1970 and the order of the Government of India and the guidelines specified above, and therefore, unconstitutional and the same are also liable to be quashed. Accordingly, 1) the State Government Orders issued exempting registration for unqualified ayurveda practitioners are quashed; 2) the State Government Orders discussed above issued for registration of unqualified practitioners of Naturopaths and other alternative medicines also will stand quashed; and 3) the first proviso to section 38 of the Travancore- Cochin Medical Practitioners Act 1953 is declared Unconstitutional and therefore struck down. 3. The learned counsel appearing for the Travancore Cochin Medical Councils would submit that the provisions of the Travancore Cochin Medical Practitioners’ Act, 1953 have now been repealed by the Kerala State Medical Practitioners Act, 2021 and in the 2021 Act there is no provision akin to the first proviso to Section 38 of the Act. WP(C) NO. 8301 OF 2015 & CONNECTED CASES 16 Taking into consideration of the above submissions and having regard to the law laid down by the Supreme Court in Kerala Ayurveda Paramparya Vaidya Forum (supra) and by the Division Bench of this Court in Central Council of Indian Medicine (supra), these writ petitions are dismissed. Sd/GOPINATH P. JUDGE DK WP(C) NO. 8301 OF 2015 & CONNECTED CASES 17 ## **`APPENDIX OF WP(C) 10651/2018`** ``` PETITIONER EXHIBITS EXHIBIT P1TRUE COPY OF THE B.A.M.S CERTIFICATE ISSUED BY DEVGHAR VIDYAPPEETH, BIHAR DATED 29/11/2008. ``` - `EXHIBIT P2 TRUE COPY OF THE REGISTRATION NUMBER AND IDENTITY CARD OF THE PETITIONER.` - `EXHIBIT P3 TRUE COPY OF THE MARKLIST ISSUED BY DEVGHAR VIDYAPEETH, BIHAR DATED 15/7/05 TO 17.7.08 TO THE PETITIONER.` - `EXHIBIT P4 TRUE COPY OF THE NOTIFICATION NO.29483/G2/76/HD DATED 20.4.1977 ISSUED BY THE GOVERNMENT OF KERALA.` - `EXHIBIT P5 TRUE COPY OF THE CITATION REPORTED IN 1969 KERLR-0-986- SREEDHARAN V. STATE OF KERALA.` ``` EXHIBIT P6TRUE COPY OF ORDER DATED 3/1/2017 IN CRL. MC NO. 1349/2016 OF THIS HON'BLE COURT. ``` ``` EXHIBIT P7TRUE COPY OF GO(MS) NO. 145/09/F&W DATED 4.6.2009. EXHIBIT P8TRUE COPY OF JUDGMENT DATED 28/8/1989 OF HON'BLE APEX COURT IN PT. PARMANAND KARTA V. UNION OF INDIA. EXHIBIT P9TRUE COPY OF GO (ORD) NO. 20/2015/ AYUSH DATED 23.11.2015. ``` - `EXHIBIT P10 TRUE COPY OF JUDGMENT DATED 4.4.2017 IN WPC NO. 27520/2016 OF THIS HON'BLE COURT.` - `EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 12.12.2017 SUBMITTED BY THE PETITIONER BEFORE THE I ST RESPONDENT.` WP(C) NO. 8301 OF 2015 & CONNECTED CASES 18 ## **`APPENDIX OF WP(C) 1012/2015`** ## `PETITIONER EXHIBITS` |`EXT.P1:`|`TRUE COPY OF THE B.E.M.S. GRADE - A`| |---|---| ||`REGISTRATION CERTIFICATE AUTHORIZED BY`| ||`MINISTRY OF HEALTH AND FAMILY WELFARE`| ||`ISSUED DATED ON 14/10/1998.`| |`EXT.P2:`|`TRUE COPY OF THE A-GRADE REGISTRATION`| ||`ISSUED BY THE GOVERNMENT OF INDIA DATED`| ||`1998 OCTOBER 2014.`| |`EXT.P3:`|`TRUE COPY OF THE PHARMACY REGISTRATION`| ||`CERTIFICATE DATED 20/05/2000.`| |`EXT.P4:`|`TRUE COPY OF THE CERTIFICATE OF`| ||`COMMUNITY MEDICAL SERVICES ISSUED BY`| ||`WORLD RURAL MEDICAL ASSOCIATION DATED`| ||`27/08/2012.`| |`EXT.P5:`|`TRUE COPY OF THE STATEMENT OF MARKSHEET`| ||`OF C.M.S.COURSE ISSUED BY WORLD RURAL`| ||`HEALTH MEDICAL ASSOCIATION DATED JUNE`| ||`2012.`| |`EXT.P6:`|`A TRUE COPY OF THE SOCIAL WORKER`| ||`REGISTRATION CERTIFICATE ISSUED BY THE`| ||`WORLD RURAL MEDICAL ASSOCIATION DATED`| ||`26/8/2012.`| |`EXT.P7:`|`TRUE COPY OF THE ESSENTIAL DRUGS PRIMARY`| ||`MEDICINES AS PER THE APPROVED GUIDELINES`| ||`BY W.H.O.`| |`EXT.P8:`|`TRUE COPY OF THE CITATION OF SREEDHARAN`| ||`V KERALA STATEN.`| |`EXT.P9:`|`TRUE COPY OF THE JUDGMENT DATED`| ||`16/07/2012 IN WPC NO. 38215 OF 2008.`| |`EXT.P10:`|`TRUE COPY OF THE INTERIM INJUNCTION`| ||`ISSUED BY HON'BLE HIGH COURT OF MADRAS`| ||`DATED 02/02/2010.`| |`EXT.P11:`|`TRUE COPY OF THE LETTER ISSUED BY`| ||`TAMILNADU HOMOEPATHY MEDIAL COUNCIL`| ||`CONSTITUTED BY GOVERNMENT TO POLICE`| ||`AUTHORITY DATED 22/03/2006.`| |`EXT.P12:`|`TRUE COPY OF THE OP.O. 13542/93 DATED`| ||`06/10/1993 IN THE HON'BLE HIGH COURT OF`| ||`KERALA, JUDGMENT.`| ## WP(C) NO. 8301 OF 2015 & CONNECTED CASES 19 |`EXT.P13:`|`TRUE COPY OF THE LIST OF EXEMPTION`| |---|---| ||`GRANTED BY THE KERALA STATE GOVERNMENT.`| |`EXT.P14:`|`TRUE COPY OF THE EXTRACT DATED`| ||`25/02/2011.`| |`EXT.P15:`|`TRUE COPY OF THE GOVERNMENT ORDER NO.`| ||`114/2011 DATED 21/02/2011.`| |`EXT.P16:`|`TRUE COPY OF THE EXTRACT OF JUDGEMENT BY`| ||`MADRAS HIGH COURT DATED JULY 2010.`| |`EXT.P17:`|`A TRUE COPY OF THE SUCH REPRESENTATION`| ||`DATED 11/12/2012.`| |`EXT.P18:`|`TRUE COPY OF THE JUDGEMENT OF WPC NO.`| ||`4033 OF 2014 DATED 10/02/2014.`| WP(C) NO. 8301 OF 2015 & CONNECTED CASES 20 ## **`APPENDIX OF WP(C) 12619/2016`** ## `PETITIONER EXHIBITS` - `EXHIBIT P-1 TRUE COPY OF THE HISTORY OF SIDDHA MARMA CHIKILSA BOOK STUDIED AND FOLLOWED BY THE PETITIONER` - `EXHIBIT P-2 TRUE COPY OF THE MEMBERSHIP FEE RECEIVED KERALA PARAMBARYA SIDDHA MARMA CHIKILSA FEDARATON FROM THE PETITIONER` - `EXHIBIT P-3 TRUE COPY OF THE REPRESENTATION TO THE SECRATERY BY THE PETITIONER DATED 27.2.2016` - `EXHIBIT P-4 TRUE COPY OF THE NOTIFICATION NO.29483/G2/76/HD DATED 20, APRIL, 1977` - `EXHIBIT P-5 TRUE COPY OF THE HON'BLE KERALA HIGH COURT JUDGMENT DATED 27.5.1969, SREEDHARAN V KERALA STATE` - `EXHIBIT P-6 TREU COPY OF THE NOTIFICATION ISSUED BY TRAVANCORE COCHIN MEDICAL COUNCIL DATED 15.10.2012` - `EXHIBIT P-7 TRUE COPY OF THE JUDGMENT DATED 14.2.2003 IN SUBHASHIS BAKSHI VS BESTBANGAL` - `EXHIBIT P-8 TRUE COPY OF THE KERALA GOVERNMENT ORDER DATED 21.11.2015 GRANTED FOR EXEMPTED 16 PERSON` - `EXHIBIT P-9 TRUE COPY OF THE RECOMMENDATION LETTER ISSUED BY THE HOMEOPATHY COUNCIL ON 3.10.2015` WP(C) NO. 8301 OF 2015 & CONNECTED CASES 21 ## **`APPENDIX OF WP(C) 18495/2016`** ``` PETITIONER EXHIBITS ``` ``` EXHIBIT P1TRUE COPY OF THE NOTIFICATION NO. 29483/G2/76/HD DATED 20, APRIL 1977 EXHIBIT P2TRUE COPY OF THE RECOMMENDATION LETTER OF THE TRAVANCORE COCHIN MEDICAL COUNCIL DATED 03.10.2015 FOR EXEMPTION OF HEREDITARY MEDICAL PRACTITIONERS TO THE GOVERNMENT OF KERALA ``` ``` EXHIBIT P2 ATRUE COPY OF THE GOVERNMENT ORDER DATED 23.11.2015 EXEMPTING 16 SUCH MEDICAL PRACTITIONERS EXHIBIT P3TRUE COPY OF THE REPRESENTATION BY THE PETITIONER DATED 11.03.2015 EXHIBIT P4TRUE COPY OF THE JUDGMENT IN SREEDHARAN V. KERALA STATE EXHIBIT P5TRUE COPY OF THE JUDGMENT DATED 29.01.2015 IN WPC.NO. 1661/2015 ``` ## WP(C) NO. 8301 OF 2015 & CONNECTED CASES 22 ## **`APPENDIX OF WP(C) 27540/2016`** |`PETITIONER EXHIBITS`|| |---|---| |`EXHIBIT-P1`|`TRUE COY OF THE CERTIFICATE ISSUED BY`| ||`KERALA AYURVEDA PRACHARASABHA DATED ON`| ||`13.11.2015`| |`EXHIBIT-P2`|`TRUE COPY OF THE NOTIFICATION`| ||`NO.29483/G2/76/HD DATED 20, APRIL`| ||`1977.`| |`EXHIBIT-P3`|`TRUE COPY OF THE RECOMMENDATION LETTER`| ||`OF THE TRAVANCORE COCHIN MEDICAL`| ||`COUNCIL DATED 3.10.2015 FOR THE`| ||`EXEMPTION OF HEREDITARY MEDICAL`| ||`PRACTITIONERS TO THE GOVERNMENT OF`| ||`KERALA`| |`EXHIBIT-P3(A)`|`TRUE COPY OF THE GOVERNMENT ORDER`| ||`DATED 23.11.2015 EXEMPTING 16 SUCH`| ||`MEDICAL PRACTITIONERS`| |`EXHIBIT-P4`|`TRUE COPY OF THE REPRESENTATION BY THE`| ||`PETITIONER DATED 11.03.2015`| |`EXHIBIT-P5`|`TRUE COPY OF THE JUDGMENT IN`| ||`SREEDHARAN V. KERALA STATE`| |`EXHIBIT-P6`|`TRUE COPY OF THE JUDGMENT DATED`| ||`29.1.2015 IN WPC NO.1661/2015`| WP(C) NO. 8301 OF 2015 & CONNECTED CASES 23 ## **`APPENDIX OF WP(C) 27546/2016`** ## `PETITIONER EXHIBITS` |`EXHIBIT P1:`|`TRUE COPY OF THE NOTIFICATION`| |---|---| ||`NO.29483/G2/76/HD DATED 20, APRIL,`| ||`1977.`| |`EXHIBIT P2:`|`TRUE COPY OF THE RECOMMENDATION LETTER`| ||`OF THE TRAVANCORE COCHIN MEDICAL`| ||`COUNCIL DATED 3.10.2015 FOR THE`| ||`EXEMPTION OF HEREDITARY MEDICAL`| ||`PRACTITIONERS TO THE GOVERNMENT OF`| ||`KERALA.`| |`EXHIBIT P2(A):`|`TRUE COPY OF THE GOVERNMENT ORDER DATED`| ||`23.11.2015 EXEMPTING 16 SUCH MEDICAL`| ||`PRACTITIONERS.`| |`EXHIBIT P3:`|`TRUE COPY OF THE REPRESENTATION BY THE`| ||`PETTIONER.`| |`EXHIBIT P4:`|`TRUE COPY OF THE JUDGMENT IN SREEDHARAN`| ||`V KERALA STATE.`| |`EXHIBIT P5:`|`TRUE COPY OF THE JUDGMENT DATED`| ||`29.1.2015 IN WPC NO.1661/2015.`| WP(C) NO. 8301 OF 2015 & CONNECTED CASES 24 ## **`APPENDIX OF WP(C) 28303/2017`** ``` PETITIONER EXHIBITS EXHIBIT P1A COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DATED 2015 ``` ``` EXHIBIT P2A COPY OF THE REGISTRATION CERTIFICATE UNDER THE TRAVANCORE COCHIN MEDICAL PRACTITIONERS’ ACT DATED 30.01.2016 EXHIBIT P3TRUE COPY OF THE ABSTRACT G.O. NO.1244/88/BAMS DATED 9.5.1988 EXHIBIT P4TRUE COPY OF THE CITATION OF SREEDHARAN V KERALA STATE EXHIBIT P5TRUE COPY OF THE KERALA HIGH COURT ORDER DATED 3.1.2017 IN CRL.MC NO.1349/2016 ``` ``` EXHIBIT P6TRUE COPY OF THE JUDGMENT ISSUED BY HON'BLE KERALA HIGH COURT DATED 16.7.2012 IN WPC NO 38215/2008 EXHIBIT P7TRUE COPY OF THE LIST OF EXEMPTION GRANTED BY THE KERALA STATE GOVERNMENT EXHIBIT P8TRUE COPY OF THE JUDGMENT ISSUED BY HON'BLE HIGH COURT OF MADRAS DATED 11.02.2011 ``` ``` EXHIBIT P9A TRUE COPY OF THE JUDGMENT ISSUED BY THE HON'BLE SUPREME COURT OF INDIA DATED 28/8/1989 ``` ``` EXHIBIT P10TRUE COPY OF THE HON'BLE KERALA HIGH COURT JUDGMENT WP(C)1540/2015 EXHIBIT P11TRUE COPY OF THE JUDGMENT ISSUED BY HON'BLE KERALA HIGH COURT IN WPC 31514/2015 ``` ``` EXHIBIT P12TRUE COPY OF THE CIRCULAR DATED 19.2.2014 ISSUED BY THE MINISTRY OF HEALTH AND FAMILY WELFARE. EXHIBIT P13TRUE COPY OF THE ESSENTIAL MEDICINE PUBLISHED BY THE GIO RT NO 1856/2014 H AND F W S DATED 5.6.2014 EXHIBIT P14TRUE COPY OF THE SUCH REPRESENTATION TO ``` ``` TRUE COPY OF THE SUCH REPRESENTATION TO THE GOVT. DATED 10.02.2016 ``` ## WP(C) NO. 8301 OF 2015 & CONNECTED CASES 25 ## **`APPENDIX OF WP(C) 32233/2016`** |`PETITIONER EXHIBITS`|| |---|---| |`EXHIBITP1`|`THE TRUE COPY OF THE EXPERIENCE`| ||`CERTIFICATE DATED 15.01.2010`| |`EXHIBITP2`|`THE TRUE COPY OF THE EXPERIENCE`| ||`CERTIFICATE DATED 11-10-2009`| |`EXHBITP3`|`TRUE COPY OF HE CERTIFICATE ISSUED BY`| ||`LUKAMANIA CENTERE NELLIKUZHY 13-12-`| ||`2009`| |`EXHIBITP4`|`TRUE COPY OF THE CETIFICATE ISSUED BY`| ||`THE CAMBAM ACCADAMY WITH REGISTER`| ||`NO.49027 DATED 17-1-2016`| |`EXHIBITP5`|`TRUE COPY OF THE NOTIFICATION`| ||`NO.29483/G2/76/HD DATED 20 , APRIL,`| ||`1977`| |`EXHIBITP6`|`TRUE COPY OF THE RECOMMENDATION LETTER`| ||`OF THE TRVANCORE COCHIN MEDICAL`| ||`COUNCIL DATED 3-10-2015 FOR THE`| ||`EXEMPTION OF HEREDITARY MEDICAL`| ||`PRACTITIONERS TO THE GOVERNMENT OF`| ||`KERALA`| |`EXHIBIT P6(A)`|`TRUE COPY OF THE GOVERNENT ODER DATED`| ||`23-11-2015 EXEMPTING 16 SUCH MEDICAL`| ||`PRACTITINERS`| |`EXHIBITP7`|`TRUE COPY OF THE REPRESENTATION BY THE`| ||`PETITIONER DATED 11-3-2015`| |`EXHIBITP8`|`TRUE COPY OF THE JUDGMENT IN`| ||`SREEDHARAN V KERALA STATE`| |`EXHIBIT P9`|`TRUE COPY OF THE JUDGMENT DATED 29-1-`| ||`2015 IN W.P(C0 NO.1661/2015`| WP(C) NO. 8301 OF 2015 & CONNECTED CASES 26 ## **`APPENDIX OF WP(C) 32971/2017`** |`PETITIONER EXHIBITS`|| |---|---| |`EXHIBIT-P1`|`TRUE COPY OF THE NOTIFICATION NO.`| ||`29483/G2/76/HD DATED 20/04/1977`| |`EXHIBIT-P2`|`TRUE COPY OF THE RECOMMENDATION LETTER`| ||`OF THE TRAVANCORE COCHIN MEDICAL`| ||`COUNCIL DATED 03/10/2015 FOR THE`| ||`EXEMPTION OF HEREDITARY MEDICAL`| ||`PRACTITIONERS TO THE GOVERNMENT OF`| ||`KERALA`| |`EXHIBIT-P2(A)`|`TRUE COPY OF THE GOVERNMENT ORDER`| ||`DATED 23/11/2015 EXEMPTING 16 SUCH`| ||`MEDICAL PRACTIIONERS`| |`EXHIBIT-P3`|`TRUE COPY OF THE REPRESENTATION BY THE`| ||`PETITIONER DATED 11/03/2015`| |`EXHIBI5-P4`|`TRUE COPY OF THE JUDGMENT IN`| ||`SREEDHARAN V. KERALA STATE`| |`EXHIBIT-P5`|`TRUE COPY OF THE JUDGMENT DATED`| ||`29/01/2015 IN W.P(C) 1661/2015`| |`EXHIBIT-P6`|`TRUE COPY OF THE JUDGMENT DATED`| ||`04/04/2017 IN W.P(C) 27520/2016`| WP(C) NO. 8301 OF 2015 & CONNECTED CASES 27 ## **`APPENDIX OF WP(C) 8301/2015`** ``` PETITIONER EXHIBITS ``` ``` EXHIBIT P1- TRUE COPY OF THE JUDGMENT OF WPC NO.22049/2013 DTD.04/09/2013. ``` ``` TRUE COPY OF THE HEARING LETTER ISSUED EXHIBIT P2- BY GOVERNMENT OF KERALA DATED 29/05/2014. ``` ``` TRUE COPY OF THE REJECTED THE ABSTRACT EXHIBIT P3-ISSUED BY THE GOVERNMENT OF KERALA DATED 22/11/2015. ``` ``` TRUE COPY OF THE SUPREME COURT JUDGMENT EXHIBIT P4-MAHESH KUMAR VS STATE OF KERALA DTD.23/02/2009. ``` ``` TRUE COPY OF THE JUDGMENT OF SUBHASHI EXHIBIT P5-BASHI V/S. UNION OF INDIA DTD.14/02/2003. TRUE COPY OF THE JUDGMENT OF PARAMANANAD EXHIBIT P6- KARTHA V/S. UNION OF INDIA DTD.28/08/1989. ``` ``` EXHIBIT P7- ``` ``` EXHIBIT P8- ``` ``` EXHIBIT P9- ``` ``` EXHIBIT P10- ``` ``` TRUE COPY OF THE NOTIFICATION ISSUED BY THE TAMIL NADU POLICE AUTHORITIES TO HARASSED REGISTERED MEDICAL PRACTITIONERS DATED 22/03/2006. TRUE COPY OF THE LIST OF EXEMPTION GRANTED BY THE KERALA STATE. TRUE COPY OF THE KERALA GOVT. EXTRACT DTD.25/02/2011. TRUE COPY OF THE KERALA GOVERNMENT ORDER DTD.21/02/2011. ``` ``` TRUE COPY OF EXTRACT OF JUDGMENT BY EXHIBIT P11- MADRAS HIGH COURT DATED JULY 2010. TRUE COPY OF THE PETITIONER'S EXHIBIT P12- REPRESENTATION DTD.10/04/2014. TRUE COPY OF THIS KERALA HIGH COURT EXHIBIT P13- ISSUE A NOTICE TO THE ALL OTHER RESPONDENTS DTD.29/09/2014. ```