LexRAJASTHAN PRADESH V.S. SARDARSHAHAR AND ANR. versus UNION OF INDIA AND ORS.
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A B c [2010] 7 S.C.R. 252 RAJASTHAN PRADESH V.S. SARDARSHAHAR AND ANR. v. UNION OF INDIA AND ORS. (Civil Appeal No. 5324 of 2007) JUNE 01, 2010 [DR. B.S. CHAUHAN AND SWATANTER KUMAR, JJ.] Education/Educational institution: Indian Medicine Central Council Act, 1970: ss.17(3) - Medical education - Degree/Diploma/ Certificate holder of Vaidya Visharad or Ayurved Ratna from Hindi Sahitya Sammelan Prayag/Al/ahabad - Held: Is not D entitled to medical practice - Rajasthan Indian Medicine Act, 1953. Second Schedule - Entry 105; ss. 14, 17 - Cut off date of 196? in the said Entry, whether arbitrary - Held: The cut E off date cannot be termed as arbitrary - The certificates issued by Hindi Sahitya Sammelan Prayag/Allahabad were recognised only upto 1967 - The Society never made an attempt to get recognition after 1967 - In fact, it was not the cut off date fixed by the statutory authorities, rather it indicated F that such courses or certificates were not recognised after 1967. G H Un-recognised institution - .Students of un-recognised institution are not legally entitled to appear in any examination conducted by any government, university or board. Rajasthan Indian Medicine Act, 1953: s.32 - Restriction to practice unless names entered in Central Register, not violative of equality clause enshrined in Article 14 of the 252 RAJASTHAN PRADESH V.S. SARDARSHAHAR AND 253 ANR. v. UNION OF INDIA Constitution - Constitution of India, 1950 - Article 19(6) - A Indian Medicine Central Council Act, 1970. Constitution of India, 1950: Articles 19(1)(g), 19(6), 21 - Right to practice - Held: Is not absolute - Restriction on practice without possessing the requisite qualification 8 prescribed in Schedule II, Ill and IV of 1970 Act is not violative of Article 14 or ultra vires to any of the provisions of the Act - Mere inclusion of name of a person in the State Register maintained under the State Act is not enough ,... to make him eligible to practice - Indian Medicine Central ·..., Council Act, 1970 - Schedule II, Ill and IV. Pleadings: Incomplete pleadings - Held: Court is under no obligation to entertain the pleas. Words and phrases: Recognition - Meaning of. The questions which arose for consideration in these appeals were whether the persons holding either the degree or diploma of "Vaidya Visharad" or "Ayurved Ratna" from Hindi Sahitya Sammelan PrayaglAllahabad which were not included as recognized qualification in Schedule II of the Indian Medicine Central Council Act, 1970 have a right to practice in medical sciences; whether the cut off date i.e. 1967 as per Entry Mo.105 in the Second Schedule of the 1970 Act is arbitrary and liable to be quashed and whether the restriction imposed under the Central Act from practicing, unless the names appear in the Central Register, is violative of Article 14 of the Constitution of India with reference to the State Act. Disposing of the appeals, the Court D E F G HELD: 1.1. There is nothing on record to show that the persons who have acquired certificates from the Hindu Sahitya Sammelan Prayag/Allahabad, possess any other academic qualification i.e. as to whether they have H 254 SUPREME COURT REPORTS [2010] 7 S.C.R. A passed matriculation or intermediate or they possess any other qualification to make them eligible to apply for such · certificate. Study of medical sciences require attendance in the classes and a proper technical training under competent faculty as they play an important role in B maintaining the public health. There was nothing to show that the educational institution where they were imparted medical education was affiliated to University/Board and as to whether such schools were ever accorded recognition by the competent Statutory Authorities. A c party has to plead the case and adduce sufficient evidence to substantiate his submissions made in the petition. In case the pleadings are not complete, the Court is under no obligation to entertain the pleas. In the absence of any pleadings made by the appellants, it is 0 difficult to say that any of such persons possessed any qualification making them eligible even to apply for such certificates from Hindi Sahitya Sammelan Prayag. [Paras 9-11, 15] [264-0, F-H; 265-A; 266-8] Bharat Singh & Ors. v. State of Haryana & Ors. AIR 1988 E SC 2181; Mis. Larsen & Toubro Ltd. & Ors. v. State of Gujarat & Ors. AIR 1998 SC 1608; National Building Cons
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