Case Note & Summary
The petitioners, Veerappa and Shivappa, were doctors practicing Electro Homeopathy in Karnataka. They challenged an order dated 19.09.2011 and a notice dated 04.10.2011 issued by the District Registration Authority and Taluka Health Officer, which declared them not qualified to practice medicine and ordered closure of their clinics. The petitioners claimed they were qualified to practice Electro Homeopathy, relying on certificates dated 12.05.2004 issued by the Directorate of Indian Systems of Medicine. The court heard arguments from both sides. The court analyzed whether Electro Homeopathy is a recognized system of medicine under the Indian Medicine Central Council Act, 1970. It found that the Act does not recognize Electro Homeopathy as a system of medicine. The certificates produced by the petitioners did not establish recognition. The court held that practitioners of an unrecognized system cannot claim a right to practice medicine. Consequently, the impugned order and notice were valid. The court dismissed the writ petitions, upholding the closure of the petitioners' clinics.
Headnote
A) Medical Law - Recognition of Medical System - Electro Homeopathy - Indian Medicine Central Council Act, 1970 - The court considered whether Electro Homeopathy is a recognized system of medicine. Held that Electro Homeopathy is not a recognized system of medicine under the Act, and certificates from the Directorate of Indian Systems of Medicine do not confer recognition. (Paras 1-3)
B) Medical Law - Right to Practice - Unrecognized System - Constitution of India, 1950 - Articles 226 and 227 - The court examined whether practitioners of an unrecognized system can claim a right to practice medicine. Held that they cannot, and the closure of their clinics is valid. (Paras 1-3)
Issue of Consideration
Whether Electro Homeopathy is a recognized system of medicine under the Indian Medicine Central Council Act, 1970, and whether the petitioners are entitled to practice medicine based on certificates issued by the Directorate of Indian Systems of Medicine.
Final Decision
The writ petitions are dismissed. The impugned order and notice are upheld.
Law Points
- Electro Homeopathy is not a recognized system of medicine under the Indian Medicine Central Council Act
- 1970
- Practitioners of unrecognized systems cannot claim right to practice medicine
- Certificates from Directorate of Indian Systems of Medicine do not confer recognition
Case Details
2016 LawText (KAR) (04) 13
W.P. Nos.67132-67133/2011
Shriharsha A. Neelopant, Arun L. Neelopant (for petitioners); Ravi V. Hosamani (AGA for R1 & R2)
Veerappa S/o Channappa Malligawad and Shivappa S/o Basappa Hulikatti
The District Registration Authority & District Health & Family Welfare Officer, Dharwad; The Taluka Health Officer & Member Secretary, Taluk Inspection Committee, Kalaghatagi; N.E.H.M. (Naturo Electro Homeopathy Medicines of India)
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution of India challenging an order and notice declaring petitioners not qualified to practice medicine and ordering closure of their clinics.
Remedy Sought
Petitioners sought to set aside the order dated 19.09.2011 and notice dated 04.10.2011.
Filing Reason
Petitioners were declared not qualified to practice medicine and their clinics were ordered to be closed.
Issues
Whether Electro Homeopathy is a recognized system of medicine under the Indian Medicine Central Council Act, 1970.
Whether the petitioners are entitled to practice medicine based on certificates issued by the Directorate of Indian Systems of Medicine.
Submissions/Arguments
Petitioners argued they are qualified to practice Electro Homeopathy and produced certificates dated 12.05.2004 from the Directorate of Indian Systems of Medicine.
Respondents argued that Electro Homeopathy is not a recognized system of medicine and petitioners are not qualified to practice.
Ratio Decidendi
Electro Homeopathy is not a recognized system of medicine under the Indian Medicine Central Council Act, 1970. Certificates from the Directorate of Indian Systems of Medicine do not confer recognition. Practitioners of an unrecognized system cannot claim a right to practice medicine.
Judgment Excerpts
In these writ petitions, the petitioners are challenging the order dated 19.09.2011 (Annexure-A) and the notice dated 04.10.2011 (Annexure-B), whereby, the petitioners are held to be not qualified to practise medicine, and hence, their medical clinics are ordered to be closed.
It is stated that the petitioners are qualified to practise Electro Homeopathy system of medicine, and in support thereof, learned counsel for the petitioners referred to the two certificates, both dated 12.05.2004 at Annexures-C & D, issued to the petitioners by the Directorate of Indian Systems of Medicine and ...
Procedural History
The petitioners filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the order dated 19.09.2011 and notice dated 04.10.2011. The court heard the parties and dismissed the petitions.
Acts & Sections
- Indian Medicine Central Council Act, 1970:
- Constitution of India, 1950: Articles 226, 227
