LexDELHI PRADESH REGISTERED MEDICAL PRACTITIONERS ETC. versus DELHI ADMN. DIRECTOR OF HEALTH SERVICES AND ORS.
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A B c DELHI PRADESH REGISTERED MEDICAL PRACTITIONERS ETC. v. DELHI ADMN. DIRECTOR OF HEALTH SERVICES AND ORS. OCTOBER 17,1997 [G.N. RAY AND G.B. PATTANAIK, JJ.] Indian Medicine Central Council Act, 1970 : Section 17(2) and (3)-Scope of-Medical practice-Hindi Sahitya Sammelan Prayag-Award of degrees of 'Ayurved Ratna' and 'Vaid Visharad'- N otice issued by Indian Medical Central Council-Notice stating that registration obtained by any person on the basis of such degrees would be D recognised only upto 1967-Appellants who obtained such degrees after coming into force of 1970 Act-Challenge to notice before High Court- Dismissal of petitions by High Court-Ground that under the I 970 Act said degrees had not been recognised after 1967-Appeal before Supreme Court-· Held, protection of section 17(3) was not available to those who obtained degrees after commencement of 1970 Act-Appellants held not entitled to E protection of section 17(3)-Decision of High Court upheld. F G H Policy decision-What constitutes proper education and requisite expertise for a medical practitioner-Should be left to proper authority- Having requisite knowledge. CIVIL APPELATE JURISDICTION: Civil Appeal No. 7441of1997. From the Judgment and Order dated 2.2.93 of the Delhi High Court in C.W.P. No. 2791of1992. WITH Civil Appeal No. 7442/97. O.P. Sharma, Mrs. Sona Khan, Mohd. Sajid, Arun Kaushal, Goodwill Indeevar, S.K. Mehta, D. Mehta, Fazlin Anam, Ms. Shobha Verma, R.C. Gubrele, Mrs. Sarla Chandra, K.R. Gupta, Vivek Sharma and Ashok Sudan for the Appellants. P.P. Malhotra, Rajeev Sharma, D.S. Mehta, Diva Singh, Devendra Singh, 514 - DELHI PRADESH REG. MEDI. PRACT. v. DELHI ADMN. DIR. OF HEAL TH SERVICES 5 J 5 D.K. Garg and Satpal Singh for the Respondents. A The following Order of the Court was delivered : Leave granted in both the matters. Heard learned counsel for the parties. The Propriety and validity of the public notice issued by the Director, B Health Services, Delhi Administration indicating that the Indian Medicine Central Council had recognised Ayurved Ratna and Vaid Visharad degrees awarded by the Hindi Sahitya Sammalan Paryag. Allahabad only upto 1967 and the certificates of Ayurved Ratna and Vaid Visharada given by the said organization after 1967 not being recognised under the said Act registration C obtained by any person as a medical practitioner on the basis of such degrees therefore would not be recognised and any person having such qualification would not be entitled to practice in Delhi are impugned in these appeals. It was also indicated in the said public notice no Indian University or Board conducts one year's course for giving the bachelor's degree in Ayurvedic D Medicine or through correspondence course no M.D. Degree in Ayurved was conferred by any university or Board. The public at large was cautioned by the said public notice published in the newspaper about such position in law. The Delhi Pradesh Registered Medical Practitioners' Association moved a writ petition before the Delhi High Court challenging the validity of the said E public notice issued by the Health Services, Delhi Administration. Similar writ Petition was moved by Dr. Swarup Singh and others challenging the said public notice. Such writ petitions were dismissed by the Division Bench of the Delhi High Court by indicating that as in the Indian Medicine Central Council Act 1970 the said degrees had not been recognised after 1967 and F the writ petitioners before the High Court had obtained such degrees from the said Hindi Sahitya Sammalan prayag long after the said Indian Medicine Central Council Act, 1970 was enforced they were not entitled to practice on the basis on the degrees obtained from the said Hindi Sahitya Sammalan Prayag. Therefore, there was no occasion to interfere with the direction G contained in the public notice and the writ petitions were accordingly dismissed. Mr. S.K. Mehta the learned counsel appearing for the appellants in the appeal arising out of SLP [C] No. 8103 of 1993 has submitted that the Hindi Sahitya Sammalan Prayag is an old and reputed institution and such institution H 516 SUPREME COURT REPORTS [1997] SUPP. 4 S.C.R. A had been giving the said degrees of Ayurvedic Ratna and Vaid Visharada from a long time and such degrees awarded by the said institution had been recognised in various States. Dr. Mehta has further submitted that about the qualifications
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