- (1.) Heard Shri Mohd. Yusuf, learned counsel for the petitioner and Shri S.M.A. Kazmi, learned Addl. Advocate General for the State.
(2.) By this writ petition the petitioner has prayed for a direction to the Chief Medical Officer, Saharanpur, to entertain his application and to register him as qualified medical practitioner after completing requisite formalities. According to the petitioner he is an experienced Hakim since 30.6.1964 and is registered with U.P. Indian Medicine Board, Lucknow. A copy of the registration certificate registering him at Sl. No.4003 dated 30.6.64, has been enclosed with the writ petition. It is contended that he was registered under Section 50 sub-section (2) of the U.P. Indian Medicine Act, 1939, on the basis of the experience gained by him as Hakim. Learned counsel for the petitioner admits that the petitioner does not possess any qualifications at all.
(3.) The Indian Medicine Central Council Act, 1970 came into force on 21st December, 1970. Section 17 of the Central Act provides (1) that subject to other provisions contained in the Act any qualification included in the Second, Third or Fourth Schedule shall be sufficient qualification for enrolment on any State Register of Indian Medicine, and no person other than practitioner of India medicine, save as provided in Section 28, who possessed recognised medical qualification and is enrolled in the State Register or Central Register for Indian Medicine (a) shall hold office as Vaid, Siddha, Hakim or physician or any other office in Government or in any institution maintained by a local or other authority, and shall practice Indian medicine in any State.;