Babulal Sarkar Vs. the State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALAATERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN FRIDAY,THE14H DAYOF MARCH201423RD PHALGUNA, 1935 WP(C).No. 7368 of 2014 (U) --------------------------- PETITIONERS : -------------------------- 1. BABULAL SARKAR, AGED38YEARS, S/O.ASHANADA SARKAR, LAKSHMI CLINIC, OLLUR KEECHERRY,THRISSUR DISTRICT2 GAUR ROY VAIDYAN, S/O.NAGAN ROY JANANI CLINIC, KUNAMKULAM, THRISSUR DISTRICT3 DIAMOND BISWAS, S/O.NARODBISWAS, CHANDRASI CLINIC, ADOOR, PATHANAMTHITTA BY ADV.SRI.M.J.THOMAS RESPONDENTS: ---------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM - 695 001 2. SECRETARY TO GOVERNMENT, HEALTH & FAMILYWELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001 3. THE COUNCIL OF INDIGENOUS MEDICINES, REPRESENTED BY THE REGISTRAR, OFFICE OF THE MEDICAL COUNCIL, RED CROSS ROAD, THIRUVANANTHAPURAM695001 4. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM - 695 001 5. THE DRUGS CONTROLLER, OFFICE OF THE DRUGS CONTROLLER, THIRUVANANTHAPURAM - 695 001 R BY SR.GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1403-2014, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING: WP(C).No. 7368 of 2014 (U) APPENDIX PETITIONERS' EXHIBITS : EXT.P1 : TRUE COPY OF THE CERTIFICATE ISSUED FROM KERALA AYURVEDA PARAMAPARAVAIDYAFORUM TO THE1T PETITIONER EXT.P2 : TRUE COPY OF THE CERTIFICATE ISSUED FROM KERALA AYURVEDA PARAMAPARAVAIDYAFORUM TO THE2D PETITIONER EXT.P3 : TRUE COPY OF THE CERTIFICATE ISSUED FROM KERALA AYURVEDA PARAMAPARAVAIDYAFORUM TO THE3D PETITIONER EXT.P4 : TRUE COPY OF THE JUDGMENT

IN OP NO.14149/1999 RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.ATO JUDGE AV P.N.RAVINDRAN, J.

=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C)No.7368 of 2014 =-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 14th day of March, 2014 JUDGMENT

The petitioners are practitioners of Ayurveda, Chandsi and Herbal system of medicines as Paramparya Vaidyas or traditional physicians. In this writ petition they seek the following reliefs:- i) issue a writ of mandamus or any other appropriate writ, order or direction declaring that the petitioners are entitled to be granted exemption under the proviso to Section 38 of the Travancore Cochin Medical Practitioners Act, 1953; ii) issue a writ of mandamus or any other appropriate writ, order or direction declaring that the petitioners are entitled to carry on their hereditary profession of medicine without any obstruction from the respondents; iii) issue a writ of mandamus or any other appropriate writ, direction or order restraining the respondents from harassing the petitioners and from interfering with or obstructing the petitioners in their practice as Paramparya Vaidyan. iv) issue a writ of mandamus or such other appropriate writ, direction or order calling upon the respondents to take immediate steps to enact a unified legislation for the registration of medical practitioners including the Paramparya Vaidyans; v) declare that the petitioners are entitled to W.P.(C)No.7368 of 2014 2 practice as Paramparya Vaidyans and are entitled to be exempted under Section 38 of the Travancore Cochin Medical Practitioners Act." 2. The very same issue was considered by a Division Bench of this Court in O.P.No.27784 of 2002 and connected cases. The writ petitions were dismissed by judgment delivered on 8.1.2003 holding that under the Travancore Cochin Medical Practitioners Act, 1953, only those persons who have acquired the qualifications from the institutions included in the schedule thereunder are entitled to practice medicine and claim registration. In the light of the binding decision of the Division Bench of this Court, the reliefs prayed for by the petitioners cannot be granted. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE vpv