IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 2ND DAY OF JANUARY 2013 12TH POUSHA 193 WP(C).No. 31665 of 2010 (G) ---------------------------------------- PETITIONER(S): ---------------------- DR.N.SUKUMARAN, SREEPADMAM, KURPPANKULANGARA P.O., CHERTHALA, ALAPPUZHA ”
551. BY ADVS.SRI.K.BABU RAJAN SRI.SREEKANTH S.NAIR SRI.R.NIKHIL SRI.RAJAN P.KALIYATH SRI.T.A.SREE KUMAR RESPONDENT(S): ---------------------------- 1. THE TRAVANCORE - COCHIN MEDICAL COUNCIL,REPRESENTED BY ITS PRESIDENT/REGISTRAR RED CROSS ROAD,THIRUVANANTHAPURAM. 695035.
2. THE UNION OF INDIA, REPRESENTED BY SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE,SOUTH BLOCK NEW DELHI.
3. THE CENTRAL COUNCIL OF HOMOEPATHY, REPRESENTED BY ITS PRESIDENT,NEW DELHI - 110001.
4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY,MINISTRY OF HEALTH TRIVANDRUM - 695035.
5. THE ADVISOR TO GOVT.OF INDIA (HOMOEO) DEPARTMENT OF I.S.M. & HOMOEO,ROOM NO:14 IRCS BUILDING ANNEXE,1-RED CROSS ROAD NEW DELHI - 110001. (R5 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 27 07/2012 IN IA 10160/2012) R2,3 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA R1 BY ADV. SRI.N.RAGHURAJ, SC, TCMC & KNMC R4 BY GOVERNMENT PLEADER SMT.ROSE MICHAEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.31665/2010 APPENDIX PETITIONER'S EXHIBITS:- P1:- COPY OF THE CERTIFICATE OF REGISTRATION . P2:- COPY OF THE CERTIFICATE P3:- COPY OF THE CERTIFICATE OF CHEMIC COMBINATIONS IN ESTABLISHING CRITICAL SPEED OF THE FLOW OF BLOOD IN ARTERIES, IN THE YEAR 1997 P4:- COPY OF THE SCIENCE MAGAZINE VOUCHING THE AFFILIATION. P5:- COLPY OF THE REFERENCE FOR NOBEL PRIZE, ON 23.1.1996. P6:- COPY OF THE NVITATION OF THE NATIONAL FEDERATION OF INDIAN AMERICAN ASSOCIATIONS ON 9.12.2002. P7:- COPY OF THE PHYSIUCIAN OF THE CENTURY AWARD BY O.L.U.M. RECOGNITION OF FOSTERING THE IDEALS OF TRADITIONAL HEALING ARTS IN THE YEAR 2000 P8:- COPY OF THE INTERNATIONAL PEACE INITIATIVE AWARD FROM U.S.A. IN 2003.P9:- COPY OF THE LIFETIME ACHIEVEMENT AWARD FROM INTERNATIONAL BIGRAPHICAL CENTRE COMBRIDGE, ENGLAND. P10:- COPY OF THE NATIONAL REGISTER ENTRY FOR GRASS-ROOT INNOVATIONS BY NATIONAL INNOVATION FOUNDATION (CSIR), INDIA. P11:- COPY OF THE LOK BHARATI GAURAV PURASKAR FOR THE HUMANITARIAN SERVICE RENDEED TO THE STATE OF MAHARASHTRA THROUGH HOMOEOPATHY STUDIES AND RESEARCH PROGRAMME. P12:- COPY OF THE ABI INVITATION DTD. 18.6.2010. P13:- COPY OF THE AWARD FOR MEDICAL CONGRESS ON COMPLEMENTARY MEDICINES (ICM 2009.ORGANISED BY DR.S.P.FOUNDATION, JAMSHEDPUR AND MEDICAL AID RESEARCH CENTER ON 2.AND 2.AUGUST 2009 P14:- COPY OF THE TATA INSTITUTE OF SOCIAL SCIENCES ACKNOWLEDGED THE PETITIONER'S SUCCESSFUL CONTRIBUTIONS TO THE SYSTEM OF HOMOEO MEDICINE, THROUGH MISSIVE DTD. 22.2.1999. P15:- COPY OF THE LETTER NO.F.308/1/97/DIS/950 DTD. 13.8.1997. P16:- COPY OF THE LETTER DTD. 6.4.1996. P17:- COPY OF THE LETTER D.O. NO.MLO 1095/LR270/PHC DTD. OCTOBER 31 1995. P18:- COPY OF THE LETTER D.O. NO.1138/DY. AD (h) ED/2001 DTD. 30.10.2009. tss W.P.(C) NO.31665/2010 P19:- COPY OF THE REPRESENTATION DTD. 31.7.2009./ P20:- COPY OF THE REMINDER DTD. 10.7.2010. P21:- COPY OF THE LETTER FROM THE DEPARTMENT OF ATOMIC ENERGY. P22:- COPY OF THE LETTER NO.K.2161/11/MC DTD. 1.7.2011 ISSUED BY IST RESPONDENT P23:- COPY OF THE LETTER NO.CHSM-PB/CCH/11-483 DTD. 4.8.2011. P24:- COPY OF THE LETTER NO.1858/HMB /62/07 TC DTD. 12.7.11. P25:- COPY OF THE LETTER F.NO. 21-2/2011(6)- CCH 795.DTD. 8 JULY 201 FROM THE 3RD RESPONDENT. P26:- COPY OF THE LETTER NO.MC1-7(10)/2011-RT1/37130 DTD. 3.10.2011, LETTER FROM THE MEDICL COUNCIL OF INDIA. P27:- COPY OF THE LETTER NO.CHSM/HRA/RTI/2011/482 DTD. 13.10.2011 FROM THE HOMOEOPATHIC COUNCIL, HARYANA. P28:- COPY OF THE MEMO NO.CHSM-UT-2011-12/229 DTD. 17.10.2011 FROM THE COUNCIL OF HOMOEOPATHIC SYSTEM OF MEDICINES, U.T., CHANDIGARH. //TRUE COPY// P.S. TO JUDGE tss A.M.SHAFFIQUE, J.
---------------------------------------------------- W.P.(C) No. 31665 of 2010 - G --------------------------------------------------- Dated this the 2nd January, 2013 JUDGMENT
The petitioner claims to be an expert in Homeopathic medicine. He seems to have obtained various Certificates of Post Graduate Degree from the University at Colombo. Apparently, even according to the petitioner, the qualifications thus obtained is not recognized for registration in any of the Medical Council for registration in India especially going by the provisions of 14(2)(a) and (b) of the Homeopathic Central Council Act, 1973 (hereinafter referred as the 'Act').
2. The contention raised by the petitioner is that he has sufficient experience in the Homeopathic field which is evident from Ext.P21, a certificate issued by the Government of India, Department of Atomic Energy, Heavy Water Board which clearly indicates that he was permitted to practice in Homeopathy. His credentials apparently shows that he has got substantial experience in the field of Homeopathy. But the question to be considered is whether he is entitled for getting a registration as a Medical Practitioner in any of the State Register or Central Register of Homeopathy. The petitioner had submitted Ext.P19 application to W.P.(C) No. 31665 of 2010 - G 2 the 1st respondent seeking permanent registration in Travanacore- Cochin Medical Council as Homeopathy practitioner on special grounds. Apparently, the petitioner had clearly indicated the nature of the experience that he had in the field of Homeopathy.
3. Therefore, the limited relief now sought for by the petitioner is for a direction to declare that he is entitled for registration and also to register his name in the register of Homeopathic Medical Practitioner.
4. Learned counsel for the 1st respondent, however contends that the practice now relied upon by the petitioner cannot be taken into consideration for the purpose of considering him as a Homeopathic practitioner as admittedly he was working during the relevant period in the Department of Atomic Energy, Heavy Water Board and as such the same cannot be considered at all. Still, further it is contended that under S.15(3)(c) of the Act, only certain persons who has the requisite qualification is required to be registered under the provisions of the Act. Section 15(3)(c) of the Act reads as under: "The right of a person to practice in Homeopathy in a State in which, on the commencement of this Act, a State Register of Homeopathic is not maintained if, on such commencement, he has been practising Homeopathy for not less than five years". W.P.(C) No. 31665 of 2010 - G 3 Section 15(2) of the Act reads as under; "No person, other than an practitioner of Homeopathy who possess a recognized medical qualification and is enrolled on a State Register or the Central Register of Homeopathy. (a) shall hold office as Homeopathic physician or any other office (by whatever designation called) in Government or in any institution maintained by a local or other authority; (b) shall practice Homeopathy in any State; (c) shall be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by an law to be signed or authenticated by a duly qualified medical practitioner; (d) shall be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by an law to be signed or authenticated by a duly qualified medical practitioner: It is also argued that any person who acts in contravention of any provision of sub-section (2) of Section 15 of the Act shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees or with both. W.P.(C) No. 31665 of 2010 - ”
5. The facts being so, this Court cannot exercise jurisdiction under Article 226 of the Constitution to consider whether the petitioner is actually entitled for a registration with the first respondent. This is a matter to be considered by the 1st respondent. As matters stand now, the petitioner has no information as to whether Ext.P19 has been disposed of so far. However, it is his case that no registration is granted so far.
6. Therefore, the only relief that could be granted in this writ petition is to direct the 1st respondent to dispose of Ext.P19 representation and if it is already disposed of, the matter has to be communicated to the petitioner with the reasons for such rejection. Under these circumstances, the writ petition is disposed of as follows: (a) The first respondent shall consider Ext.P19 and pass appropriate orders within a period of one month from the date of receipt of a copy of his judgment, after hearing the petitioner and giving opportunity to produce additional documents. W.P.(C) No. 31665 of 2010 - G 5 (b) If Ext.P19 is already disposed of, necessary communication in that regard may be given to the petitioner as early as possible. A.M.SHAFFIQUE, JUDGE. rka