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 and produced certificates dated 12.05.2004 from the Directorate of Indian Systems of Medicine. The court heard arguments and perused the record. The court held that Electro Homeopathy is not a recognized system of medicine under the Indian Medical Council Act, 1956, and therefore the petitioners were not qualified to practice medicine. The court dismissed the writ petitions, upholding the impugned order and notice.
Headnote
A) Medical Law - Recognition of Medical Systems - Electro Homeopathy - Indian Medical Council Act, 1956 - The court considered whether Electro Homeopathy is a recognized system of medicine under the Act. Held that Electro Homeopathy is not a recognized system of medicine, and persons holding certificates in Electro Homeopathy are not qualified to practice medicine. The order closing the petitioners' clinics was upheld. (Paras 1-3)
Issue of Consideration
Whether the petitioners, who hold certificates in Electro Homeopathy, are qualified to practice medicine and whether the order closing their clinics is valid.
Final Decision
The writ petitions are dismissed. The impugned order dated 19.09.2011 and notice dated 04.10.2011 are upheld.
Law Points
- Electro Homeopathy is not a recognized system of medicine under the Indian Medical Council Act
- 1956
- Persons holding degrees in Electro Homeopathy are not qualified to practice medicine
- State authorities have power to close clinics of unqualified practitioners
Case Details
2016 LawText (KAR) (04) 49
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 impugned 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 Medical Council Act, 1956.
Whether the petitioners are qualified to practice medicine.
Submissions/Arguments
Petitioners argued they are qualified to practice Electro Homeopathy and produced certificates 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.
Ratio Decidendi
Electro Homeopathy is not a recognized system of medicine under the Indian Medical Council Act, 1956, and therefore persons holding certificates in Electro Homeopathy are not qualified to practice medicine. The state authorities have the power to order closure of clinics of unqualified practitioners.
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 ...
In my opinion, Electro Homeopathy is not a recognized system of medicine under the Indian Medical Council Act, 1956. Hence, the petitioners are not qualified to practise medicine. The impugned order and notice do not call for any interference. The writ petitions are accordingly dismissed.
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 petitions came up for preliminary hearing in 'B' group and were disposed of on 22.04.2016.
Acts & Sections
- Indian Medical Council Act, 1956:
