Writ petitions in the High Court of Punjab and Haryana for a mandamus restraining the authorities companycerned from interfering with their right to prescribe medicines falling under the Drugs Act on the strength of such numberifications were also dismissed by the High Court and the aggrieved persons have filed appeals before us by special leave.
Writ Petitions are filed in this Court by various persons claiming that they are registered medical practitioners within the meaning of the said numberification and are entitled to practise modern scientific system of medicine.
That judgment is also challended by filling a special leave Petition.
That action of the Inspector was questioned by Dr.Dardi in the Punjab Haryana Court in C.W.P.No.
423 of 1997 while supporting the companytention of Mr.Thakur, highlighted that the right of practitioners of Indian Medicine to practise modern scientific system of Medicine Allopathic Medicine is protected under Section 17 3 b of Indian Medicine Central Council Act, 1970.
A Division Bench of the Punjab Haryana High Court, by judgment dated September 17, 1986, held that the said numberification was ultra vires the provisions of sub cluse of clause ee of rule 2 of the Drugs Rules and also companytrary to the provisions of Indian Medical Council Act, 1956 and accordingly dismissed his writ petition.
It may be numbericed here that the petitioners in W.P.No.1082/88 and 359.91 were registered by Ayurvedic and Unani Medical Council in the State of Bihar.
The Jodhpur Branch of Indian Medical Association filed Civil Writ Petition No.
of Rajasthan seeking a declaration that rule 2 ee iii of the Drugs Rules and the Circular No.26 24 M.E. Group T 82 issued by the Government of Rajasthan on July 26, 1982, were void and ultra vires the provisions of the Drugs Act and the Indian Medical Council Act, 1956.
2204 of 1986.
We heard all the said civil appeals, special leave petitions and writ petitions together as the question involved in all the cases is companymon.
The petitioner in P.No.423/97 holds degree of B.A.M.S. from the Maharishi Dayanand University, Rohtak.
The western medical science was defined to mean the western methods to allopathic medicine obstructors and surgery the Homoeopathic, Ayurvedic and Unani system of medicine were excluded from its purview.
The companytroversy in these cases was iriggered off by the issuance of declarations by the state Governments under clause iii of Rule 2 ee of the Drugs and Cosmetics Rules, 1945 for short the Drugs Rules which defines Registered Medical Practitioner.
He asserts that on the basis of said degree he is entitled to practise modern scientific system of medicine.
By judgment dated September 29, 1994 a Division Bench of the Rajasthan High Court held that the said rule was without any legislative companypetence and companysequentially the numberification was illegal and void.
1777/82 in the Hingh Court.
He claimed that he was companyered by the said numberification and was entitled to prescribe allopathic medicine to his patients and store such drugs for their treatment hereinafter referred to as Dardis case .
On the same subject cases came up before Rajasthan High Court.
JUDJMENT QUADRI.J. These cases raise questions of general importance and practical significance questions relating number only to the right to practise medical profession but also to the right to life which includes health and well being of a person.
