ARUN TANDON,J. - (1.) THE present writ petition was decided under judgment and order of a Division Bench of this Court dated 21st May, 2003, wherein it has held that Hindi Sahitya Sammelan, Allahabad is a fake institution whereas Hindi Sahitya Sammelan Prayag was recognised only for the period 1931 to 1967, qua the degrees of Vaidya Visharad and Ayurved Ratna. It was, therefore, held that degrees obtained from Hindi Sahitya Sammelan, Prayag subsequent to 1967 were not recognised and those like the petitioners who had obtained such degrees after 1967 are not entitled to practice Indian Medicine. The Division Bench further observed that it did not find any unconstitutionality in Entry 105 of Second Schedule, Part-1 of Indian Medicine Central Council Act, 1970 (hereinafter referred to as the 'Act, 1970') or any infirmity in Section 14 of Act, 1970.
(2.) THE Division Bench Judgment and order of this Court dated 21st May, 2003 was subjected to challenge before the Hon'ble Supreme Court of India by way of Civil Appeal Nos. 1453 of 2004,1454 of 2004, 5080 of 2005 and 7573 of 2005. The Apex Court, by means of the judgment and order dated 25th May, 2007, set aside the Division Bench judgment of this Court and remanded the matter to this Court to decide the same afresh after affording opportunity of hearing to the Hindi Sahitya Sammelan and to consider the contention raised Qua constitutionality of provisions of various Acts. On remand the Division Bench of this Court issued fresh notices to respondent Nos. 3,4,5 and 7 vide order dated 14th September, 2007. Sri Surendra Prasad, Advocate filed his appearance on behalf of Hindi Sahitya Sammelan, Allahabad as well as Hindi Sahitya Sammelan, Prayag. Sri J.K. Tiwari, Advocate filed his appearance on behalf of Board of Indian Medicines, U.P. Lucknow (respondent Nos. 4 and 5).
(3.) SINCE vires of various Sections of Act, 1970 as well as of various Sections of U.P. Indian Medicine Act, 1939 (hereinafter referred to as the 'Act, 1939') were challenged, notices were issued to Attorney General of India as well as to the Advocate General of State of Uttar Pradesh. This Court vide order dated 21st February, 2008 required the learned Counsel for Hindi Sahitya Sammelan to file such documents, as he may be advised for establishing that it had been authorised by law to impart education in any discipline in medical science as well as to bring on record the notification by which the Hindi Sahitya Sammelan had been derecognized in 1967.;