M. B. SHARMA, J. - (1.) THIS order will dispose of the above numbered two writ petitions.
(2.) UNDER our order dated 23rd Sept. , 1988, we had disposed of the four writ petitions filed by Rajasthan Pradesh Vidhya Samiti through its Secretary Kalyan Chand Purohit and others, the case is reported in RLR 1988 (2), 64, we had taken a view that, such of the persons who had acquired qualifications of either Vidhya Visharad or Ayurveda Ratna after year 1967 from Hindi Sahitya Sammelan are not entitled to be registered in the State Register and arc not entitled to practice as Vidhya. We may straight away say that when we made the aforesaid order certain provisions of Indian Medicine Central Council Act, 1976 (for short, the Central Act), were not brought to our notice and they also escaped our notice. The provision which escaped our notice is sub-sec. (3) of Section 17 of the Indian Medical Central Council Act. The said sub-section is as under :- (3) Nothing contained in sub-section (2) shall affect, (a) the right of a practitioner of Indian medicine enrolled on a State Register of Indian Medicine to practise Indian medicine in any State merely on the ground that, on the commencement of this Act, he does not possess a recognised medical qualification; (b) the privileges (including the right to practise any system of medicine) conferred by or under any law relating to registration of practitioners of Indian medicine for the time being in force in any State on a practitioner of Indian medicine enrolled on a State Register of Indian Medicine; (c) the right of a person to practise Indian medicine in a State in which, on the commencement of this Act, a State Register of Indian Medicine is not maintained if, on such commencement, he has been practising Indian medicine for not less than five years; (d) the rights conferred by or under the Indian Medical Council Act, 1956 (including the right to practise medicine as defined in clause (f) of section 2 of the said Act), on persons possessing any qualifications included in the Schedules to the said Act. It is not disputed that the Act came into force in Rajasthan and all other States w. e. ,f. 1st October, 1976. In the above extracted sub-section (3) of Section 17 of the Act, nothing contained in sub-section (2) shall affect the right of a practitioner of Indian medicine enrolled on a State Register of Indian Medicine to practise Indian Medicine in any State merely on the ground that on the commencement of the Act, he does not possess a recognised medical qualification. It also provides that the privileges (including the right to practise any system of medicine) conferred by or under any law relating to registration of practitioners of Indian medicine for the time being in force in any State on a practitioner of Indian medicine enrolled on a State Register of Indian Medicine shall not be affected. Similarly, the right to sued of a person to practise Indian medicine in a State in which on the commencement of this Act, i. e. 1st Oct, 1976, the State Register of Indian Medicine is not maintained if, on such commencement, he has been practising Indian medicine for not less than five years. It will, therefore, be clear that if any practitioner of Indian Medicine was enrolled on State Register of Indian Medicine before 1st October, 1976, his right to continue the practice will not be affected. Therefore, notwithstanding the fact that the two qualifications viz: Vidhya Visharad or Ayurveda Ratna from Hindi Sahitya Sammelan, Prayag, after the year 1967 are not included in the Scheduled to the Act, such of the persons who were on the State Registers and had a right to practise under the Rajasthan Indian Medicine Act, 1953, will continue to have a right to practise in Indian System of Medicine. Consequently, we allow both the review petitions and clarify our order dated 23rd September, 1988, in a batch of writ petitions, to the effect that those persons who are either Vidhya Visharad or Ayurveda Ratna even after 1967 and have acquired the said qualifications before 1st October, 1976 and whose names appear on the State Registers maintained under the Rajasthan Indian Medicine Act, 1953, shall have a light to practice the Indian System of Medicine despite the fact that above two degrees do not find mention in the schedule to the Act after the year 1967. We may also make clear that any body who is entitled to practise Indian System of Medicine under the aforesaid Rajasthan Act on 1st October, 1976 and have applied for registration but his application was not disposed of, will have a right to practice on his application being allowed. (Cost made easy. .;