TMI Blog1997 (10) TMI 408X X X X Extracts X X X X X X X X Extracts X X X X ..... roperty and validity of the public notice issued by the Director, Health Services, Delhi Administration indicating that the Indian Medicine Central Council had recognised Ayurved Ratna and Vaid Visharada degrees awarded by the Hindi Sahitya Sammelan Prayag, Allahabad only upto 1967 and The certificate of Ayurved Ratna and Vaid Visharada given by the said organization after 1967 not being recognised under the said Act registration 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 that no Indian University or Board conduc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such institution 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 of the Medical Practitioners in various disciplines namely, Homeopathic, Unani, Ayurvedic etc. both the State Govt, and Central Govt, have competence to legislate because the subject is in the concurrent list. Various States have recognised the degrees awarded by the said Hindi Sahitya Sammelan and on the basis of such degrees, large number of practitioners in the discipline of Ayurved have been registered in various States including Delhi and have been successfully practicing in the discip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cine is not maintained if a such commencement he has been practicing Indian Medicine for less than five years. 6. It has been contended by Mr. Mehta that although a bar has been imposed under Section 17(2) to practice in India in the discipline of Ayurveda if the practitioner did not possess the qualifications enumerated in the schedules under the Indian Medicine Central Council Act, 1970 but Sub-section (3) of Section 17 has carved out an exception to the provisions of Section 17(2) of the said Act. If a practitioner in the discipline of Ayurveda is enrolled and registered as a medical practitioner in any state in India, or such practitioner was already in the field practicing in Ayurveda or such person had a right to be enrolled then, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch contention of Mr. Mehta, Sub-section (3) of Section 17 of the Indian Medicine Central Act, 1970, in our view, only envisages that where before the enactment of the said Indian Medicine Central Act, 1970 on the basis of requisite qualification which was then recognised, a person got himself registered as medical practitioner in the disciplines contemplated under the said Act or in the absence of any requirement for registration such person had been practicing for five years or intended to be registered and was also entitled to be registered, the right of such person to practice in the concerned discipline including the privileges of a registered medical practitioner did not posses requisite qualification under the said Act of 1970. It may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso no challenge as to the validity of the said Central Act, 1970. The decision of the Delhi High Court therefore cannot be assailed by the appellants. We may indicate here that it has been submitted by Mr. Mehta and also by Ms. Sona Khan appearing in the appeal arising out of special leave petition No. 6167 of 1993 that proper consideration had not been given to the standard of education imparted by the said Hindi Sahitya Sammelan Prayag and expertise acquired by the holders of the aforesaid degrees awarded by the said institution. In any event, when proper medical facilities have not been made available to a large number of poorer sections of the society, the ban imposed to the practitioners like the writ petitioners rendering useful serv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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