Case Note & Summary
The appeal arose from a Division Bench judgment of the Kerala High Court dated 21.08.2020 in Writ Petition (C) No.9459 of 2020. The writ petition was filed by respondent No.4, an advocate, seeking a mandamus to direct the State of Kerala to implement the Ministry of AYUSH advisory dated 06.03.2020 regarding the use of AYUSH systems, including Homeopathy, for COVID-19 management. The High Court disposed of the petition with directions that AYUSH practitioners could only prescribe immunity boosters and not any cure for COVID-19, and that any violation would invite action under the Disaster Management Act, 2005. The appellant, Dr. AKB Sadbhavana Mission School of Homeo Pharmacy, was not a party to the writ petition but felt aggrieved by paragraph 14 of the judgment, which threatened action against Homeopathic doctors. The appellant contended that the High Court went beyond the pleadings and issued directions without hearing affected practitioners, and that the directions contradicted the Ministry of AYUSH guidelines which permitted Homeopathy for symptom management and as add-on interventions. The Supreme Court noted that the High Court had not issued notice to the Ministry of AYUSH or Homeopathy doctors before passing the order. The Court observed that the Ministry of AYUSH guidelines dated 06.03.2020 allowed Homeopathic practitioners to prescribe medicines for preventive, prophylactic, and symptom management of COVID-19 like illnesses, and as add-on interventions. The Court held that the High Court's direction restricting prescription to only immunity boosters was contrary to the guidelines. The Supreme Court also found that the threat of action under the Disaster Management Act, 2005 was uncalled for and beyond the scope of the writ petition. Consequently, the Court set aside paragraph 14 of the High Court's judgment and directed that the matter be governed by the Ministry of AYUSH guidelines dated 06.03.2020 and the Government of Kerala's order dated 21.04.2020. The appeal was allowed to that extent.
Headnote
A) Constitutional Law - Natural Justice - Right to be Heard - Order passed without notice to affected parties - High Court issued directions against Homeopathic practitioners without hearing them or their representative bodies - Held that such directions are unsustainable as they violate principles of natural justice (Paras 6, 13). B) Administrative Law - Scope of Writ Jurisdiction - Directions beyond pleadings - High Court in a writ petition filed by a third-party advocate issued directions restricting Homeopathic practitioners' scope of practice, which were not prayed for - Held that courts should not travel beyond the pleadings and grant relief not sought (Paras 4, 10, 13). C) Medical Law - AYUSH Practice - COVID-19 Management - Ministry of AYUSH Guidelines dated 06.03.2020 - The guidelines permit Homeopathic practitioners to prescribe medicines for preventive, prophylactic, symptom management of COVID-19 like illnesses and as add-on interventions to conventional care - Held that the High Court's direction limiting prescription to only immunity boosters is contrary to the said guidelines (Paras 10-12, 14). D) Disaster Management Act, 2005 - Applicability to Medical Practitioners - Threat of action under the Act for prescribing cure for COVID-19 - High Court directed action under the Disaster Management Act, 2005 against AYUSH practitioners who prescribe any drug as a cure for COVID-19 except those in Annexure-I - Held that such blanket direction is unwarranted and likely to cause prejudice to Homeopathic practitioners (Paras 10, 14).
Issue of Consideration
Whether the High Court's direction restricting Homeopathic practitioners to prescribing only immunity boosters and threatening action under the Disaster Management Act, 2005 for prescribing any cure for COVID-19 was beyond the scope of the writ petition and contrary to the Ministry of AYUSH guidelines dated 06.03.2020.
Final Decision
The Supreme Court allowed the appeal in part. Paragraph 14 of the Kerala High Court judgment dated 21.08.2020 was set aside. The Court directed that the matter shall be governed by the Ministry of AYUSH guidelines dated 06.03.2020 and the Government of Kerala order dated 21.04.2020. No order as to costs.
Law Points
- Natural justice
- Right to be heard
- Scope of writ jurisdiction
- Interpretation of executive guidelines
- Disaster Management Act
- 2005
