- (1.) The petitioners have challenged the vires of Ss. 8 and 9 of U.P. Indian Medical Institutions (Acquisition and Miscellaneous Provisions) Act, 1982. They are running Ayurvedic Educational Institutions. They have enrolled students in their institutions for imparting Ayurvedic systems of medicine. They also award degrees and diplomas.
(2.) In the year 1982 the State Legislature passed U.P. Indian Medical Institutions (Acquisition and Miscellaneous Provisions) Act, 1982 (hereinafter referred to as 1982 Act). This Act was enacted to provide for the acquisition and management of non-government institutions mentioned in the Schedule of the Act imparting instructions in Ayurvedic and Unani-Tibbi systems of medicine and also to regulate other non-government institutions imparting instructions in Ayurvedic and Unani-Tibbi systems of Medicine, Yogtheraphy and Naturopathy. The names of the petitioners' institutions do not find place in the Schedule of the said Act. The petitioners have no grievance regarding the acquisition of those institutions referred to in the said Schedule. The grievance of the petitioners relate to Ss. 8 and 9 of 1982 Act.
(3.) Section 8 provides that no person shall open or organise, maintain any institution providing instructions in Ayurvedic and Unani-Tibbi Systems of medicines or to admit any students for imparting such education except when such person is authorised by the Central Government or the State Government. Section 9 of the Act is an exception to S. 8 of the Act inasmuch as it permits the students to continue studies who have already been enrolled to pass the examination from a lower class to higher class by way of promotion during a period of five years from the appointed date and after the said period of five years are provisions of S. 8 have been made applicable mutatis mutandis. Sections 8 and 9 read as under :- "8. Restriction on opening of new institutions - Subject to the provisions of S. 9, no person other than a person authorised by the Central Government or the State Government shall, on or after the appointed day -(a) open, organise, maintain, manage or cause to be opened, organised, maintained or managed any institution professing to undertake, conduct, provide or offer any instruction in Ayurvedic and Unani-Tibbi Systems of medicine;(b) admit or offer admission on payment of fee or without such payment to any course of instruction in such system of medicine;(c) receive any donation, subscription or fee (by whatever name called) in respect of any institution imparting instruction in such system of medicine;(d) make any arrangement or hold out that arrangements have been made for lecture, coaching or tuition or experiments in any laboratory with a view to imparting instruction in such system of medicine.9. Restriction on admission of student.-A medical institution imparting instruction in Ayurvedic or Unani-Tibbi System of medicine established before the appointed day may admit students enrolled in such institution on the appointed day from a lower class to higher class by way of promotion during a period of five years from the appointed day, and after the said period of five years, the provisions of S. 8 shall mutatis mutandis apply to every such institution.";