From the desk of Dr KK Aggarwal National President, IMA Generic drugs prescription The current Read more →
This Court once again on issue being raised as to whether incumbents who has got to his credit degree in Indian Medicine can he be permitted to practice in modern medicine, proceeded to consider the matter at length in the case of Rajesh Kumar Srivastava (II) Vs. A.P. Verma, reported in
2004 (2) ESC (All) 960, and repelled the submission, so advanced. Division Bench of this Court once again reiterated the same principal in the case of Ravinder Kumar Goel vs. State of U.P. 2004 (2) ESC
976, that a person with Ayurvedic and Unani qualification, if is practising Allopathic, same is illegal The field of practice thus stands demarcated i.e. the doctors enrolled in their branch of medicine should not be allowed to practice in any other branch of medicine of which he has not acquired knowledge or has little knowledge. Under the scheme of things provided for, there is mutual exclusion i.e. one is not allowed to practice in any other branch of medicine of which he has not acquired knowledge.
Petitioner has next proceeded to place reliance on the Government Notification dated 25.11.1992, issued by Government of Maharashtra, under Maharashtra Medical Practitioners Act, 1961, as well as on the notification dated 22.01.2004, issued by Central Council of Indian Medicine.
Petitioner will not succeed on this score also, for the reason that the provisions of Maharashtra Medical Practitioner Act, 1961, cannot be pressed in reference of practice of modern medicine in the State of U.P. Coupled with this, the circular as has been issued, the same has been interpreted by Kerela High Court in the case of National Integrated Medical
Association and another Vs. State of Kerala WA No. 1260 of 2006 (A) decided on the 12.12.2006 wherein the High Court of Kerela at Ernakulam held that the modern advances mentioned in Section 2(e) of the Act of 1970 can only be advanced in Ayurveda, Siddha and Unani and not Allopathic medicine. By virtue of Section 15(2) (b) of the Indian Medical Council Act, 1956 the persons having the prescribed qualifications included in the schedules alone are eligible to practice modern medicine. The words “modern medicine” would be referable to the modern advances made in the respective fields of Ayurveda, Siddha and Unani. The Kerela High Court followed Mukhtar Chand Vs. State of Punjab AIR 1999 SC 468. In support of the observations made by it and reiterated that modern advances mentioned in Section 2(3) of the Act of 1970 cannot be interpreted to mean Allopathic Medicines. Against the judgment of Kerela High Court dated 12.12.2006, Special Leave to Appeal NO.6116 of 2007 had been filed, and the same has also been dismissed on 23.7.2007. Thereafter, Central Council of Indian Medicine, taking note of judicial proceedings in its 158th Meeting dated 28.6.2010 has decided to withdraw all earlier resolutions. Madras High Court also in Writ
Petition No.13696 of 2009, D.J. Kaleem Nawaz, BUMS vs. State of Tamilnadu, decided on 29.10.2010, wherein prayer was made to the similar effect, not to interfere in administering allopathic medicine, very clearly ruled that such a prayer cannot be accorded and clarifications issued by Central Council of Indian Medicine are of no consequence, wherein it has been mentioned that practitioners of Indian System of Medicine who practised modern scientific system of medicine, allopathic medicine are protected under Section 17(3)(b) of 1970 Act is not correct as provisions of 1956 Act have been ignored. This Court, also approves of the same view, and further clarifies that a statutory body created under Indian Medicine Central Council Act, 1970 such as Central Council of Indian Medicine, at the point of time when it proceeds to exercise its statutory authority the same has to be in connection with “Indian Medicine” and not at all beyond the same. Words “Modern advances” has to be contextually interpreted i.e “Modern advances” in the field of Ayurveda, Sidha and Unani and not at all in context of “Modern Medicines”. In the context of, practitioners of “Indian Medicine” the practitioners of “Indian Medicine” can make use of modern advances in various sciences such as radiology report (X-ray), complete blood picture report, lipids report, ECG etc for practising in their own system. This does not mean that practitioners of “Indian Medicine” would start acting as Radiologist/Pathologist/Cardiologist. Only for the purposes of practising “Indian Medicine” they can make use of the reports and this will not at all authorize the practitioners of “Indian Medicine” to administer and prescribe modern medicines (allopathic)”