- (1.) We have heard Shri Vijay Prakash, learned counsel appearing for the petitioners. Shri J.K. Tiwari, Standing Counsel appears for the State respondents. Shri Praveen Shukla has accepted notice on behalf of Union of India-respondent No. 6. By this writ petition, the petitioners have prayed for following reliefs: (i) issue a writ, order or direction in the nature of certiorari quashing the impugned Government Order dated 8.6.2012 in pursuance whereof Chief Medical Officer, Amroha has issued the order dated 10.5.2013 as contained in Annexure 1 to this writ petition. (ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to interfere in the practicing of the petitioners as medical practitioners in modern medicine (Allopathic Medicine including the surgery) in any manner whatsoever and further the opposite parties may be restrained from taking any coercive steps against the petitioners in pursuance to the Government Order dated 8.6.2012 or for any other reason whatsoever may be. (iii) issue a writ, order or direction in the nature mandamus commanding the opposite parties particularly opposite party No. 7 to enter the name of the petitioners in the State Medical Register maintained by the opposite party No. 7 as defined under Section 2(k) of the Act No. 102 of 1956. (iv) issue any other writ, order or direction, which this Hon'ble Court may deem think fit and proper under the facts and circumstances of the case. (v) cost of the writ petition may be awarded in favour of the petitioners.
(2.) The petitioners claim to be qualified practitioners in Indian Medicine and have obtained B.A.M.S. degrees, which authorise them to practice Ayurveda, a branch of Indian Medicine. They are enrolled with the Indian Medicine Council, U.P. which authorises them to practice Indian Medicine in the State of U.P. Their right to practice Indian medicines is recognised by the Indian Medicine Central Council Act, 1970.
(3.) The petitioners have relied upon the syllabus of the BAMS examination compiled by Central Council of Indian Medicine to authorise them to treat patients and prescribe Indian medicine including modern medicine in accordance with the advances made by the Indian medicines and to perform surgical operations. It is stated that the petitioners have studied the advances made in the modern medicine, which also includes the Allopathic Medicine and that having acquired the knowledge in its use and thus they are entitled to practice and prescribe Allopathic Medicines as well.;