- (1.) THE matter came up today for consideration of service of notice on the respondent issued by a Co -ordinate Bench of this Court on 13th February, 2014. As per office report, notices have not returned back after service and are still awaited.
(2.) ALTHOUGH , it was not desirable for this Court to examine the subject -matter of the case, at this stage, but, while considering the afflictions of the petitioner, it was revealed that the degrees of "Ayurved Ratna" and "Vaidya Visharad" obtained by the petitioner from Hindi Sahitya Sammelan, Prayag are, prima facie, spurious and under serious cloud. In that background, the matter was examined on merits and the counsel for the petitioner was called upon to address on merits of the case. Learned counsel, on being queried by the Court, has submitted that degree of "Ayurved Ratna" was awarded to the petitioner by Hindi Sahitya Sammelan, Prayag on 3rd May, 1975 and before that he has obtained degree of "Vaidya Visharad" from the same institution in the year 1973. Learned counsel has further submitted that considering his academic qualifications, Board of Indian Medicine, Rajasthan accorded him registration on 14th April, 1976 vide annexure -2 and vide annexure -3, the registration has been renewed upto 21st October, 2012. He further submits that thereafter abruptly, vide order dated 29th of November, 2013 (Annex.5), registration of the petitioner is cancelled. Assailing the order of cancellation of petitioner's registration, the learned counsel for the petitioner has urged that before cancellation of his registration, no notice or opportunity of hearing was afforded to him and, as such, the order is in gross violation of principles of natural justice. Mr. Ripudaman Singh Rajpurohit, learned counsel for the petitioner, has also submitted that although he sent the requisite fee for renewal of his registration but the same has not been accepted by the respondents and consequential order has not been issued. Mr. Rajpurohit would contend that the petitioner is possessing the requisite qualifications to practice in Medicine as Ayurveda Chikitsak, and therefore, the impugned action is absolutely arbitrary and unreasonable.
(3.) I have heard the learned counsel for the petitioner, perused the averments contained in the writ petition and the documents annexed with the writ petition. The main issue, which has cropped up in the instant case, requiring judicial scrutiny is the qualification of the petitioner viz., Ayurved Ratna and Vaidya Visharad, which he has obtained from Hindi Sahitya Sammelan, Prayag. The concern of the Court is to ascertain whether these qualifications are recognized qualifications in Schedule -II to the Indian Medicine Central Council Act, 1970 (for short, 'the Act of 1970') giving right to an individual to practice in medical sciences.;