- (1.) Leave granted in SLP (C) Nos. 21043/2008, 20912/2009 and 3986/2010. 1. In all the aforesaid Civil Appeals, common questions of law are involved and, therefore, they are heard together. Questions involved in all these cases are as under: (i) As to whether persons who hold either the degree or diploma of "Vaidya Visharad" or "Ayurved Ratna" from Hindi Sahitya Sammelan Prayag/Allahabad which are not included as recognized qualification in Schedule II of the Indian Medicine Central Council Act, 1970 (hereinafter called as the 'Act 1970') have a right to practice in medical sciences. (ii) As to whether cut off date i.e. 1967 as per Entry No. 105 in the Second Schedule of the Act,1970 is arbitrary and thus, liable to be quashed. (iii) As to whether restriction imposed under the Central Act from practicing, unless names appear in the Central Register, is violative of Article 14 of the Constitution of India with reference to the State Act.
(2.) Facts and circumstances giving rise to Civil Appeal Nos. 5324- 5325 of 2007 and appeal arising out of SLP(C) No. 21043/2008 are that Section 32 of the Rajasthan Indian Medicine Act, 1953 (hereinafter referred to as 'Act 1953') provided that persons who had obtained degree of "Vaidya Visharad" or "Ayurved Ratna" from Hindi Sahitya Sammelan Prayag were recognized as having sufficient qualification for practicing as Vaidyas in Rajasthan and they were permitted to get themselves registered as Vaidyas in the register maintained under the said Act 1953. Section 17(2) of the Act 1970 provided that persons who possessed the qualifications as laid down in Second, Third and Fourth Schedule of the Act 1970 would be permitted to practice. Section 17(3) however, carved out an exception for those Vaidyas who had been practicing prior to the commencement of the Act 1970. Different provisions of the Act 1970 were enforced throughout the country but on different dates. In Rajasthan, Section 17 came to be enforced w.e.f. 1.10.1976. One Ved Prakash Tyagi filed Writ Petition No. 733 of 2000 before the High Court of Rajasthan for seeking large number of reliefs including the restrain order to those who obtained the degree/certificate of "Vaidya Visharad" or "Ayurved Ratna" from Hindi Sahitya Sammelan Prayag after 1967 to practice as Vaidyas and further to delete their names from the register so maintained under the Act 1953. The High Court considered the matter elaborately and came to the following conclusions: (1) Persons who did not possess requisite qualification prescribed under Schedule II, III and IV of the Act 1970 were not eligible to contest the elections notwithstanding they were enrolled in the State Register and were covered by the exception clause under Section 17(3)(b) and were permitted to practice medicines; (2) Qualification prescribed under the Act 1953 to the extent it was repugnant to the Act 1970, would not confer any person a right to practice or seeking enrolment in the State Register; (3) Section 17 of the Act 1970 came into force in Rajasthan w.e.f. 1.10.1976. Thus, a person who has acquired the diploma/certificate from Hindi Sahitya Sammelan Prayag, subsequent thereto would not be eligible to be enrolled in State Register; and (4) Any person who acquired such certificate/diploma after 1.10.1976 would not have any right to practice or participate in election.
(3.) Hence, Civil Appeal Nos. 5324-25 of 2007 have been filed by Vaidya's Samiti and Chikitasak Sangh being aggrieved by the judgment and order of the High Court that persons who acquired qualification from Hindi Sahitya Sammelan after 1.10.1976 were not eligible and entitled to practice. Appeal arising out of SLP (C) No. 21043 of 2008 has been filed by the Central Council of Indian Medicine (hereinafter referred to as 'CCIM') challenging the order of the High Court to the extent that persons who acquired certificates between 1967 and 1.10.1976 have also been permitted to practice.;