He migrated to Bombay in 1962 and started practising there as an Ayurvedic Doctor.
From the Judgment and Order dated 8 11 1968 of the Bombay High Court in S.C.A. No.
Nemo for the Respondent.
The Judgment of the Court was delivered by KOSHAL J., This is an appeal by special leave against the judgment dated November 8, 1968 of a Division Bench of the High Court of Bombay allowing a petition under articles 226 and 227 of the Constitution of India and declaring that sub s. 5 of s. 17 of the Maharashtra Medical Practitioners Act, 1961 hereinafter referred to as the Act is ultra vires of article 14 of the Constitution of India.
A companytention was raised before the High Court on the strength of Rukmani Hoondraj Hingorani v. The Appellate Authority under the Maharashtra Medical Practitioners Act, 1961 that sub s. 5 of s. 17 of the Act fell foul of article 14 of the Constitution, and that companytention was accepted.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The respondent hails from Uttar Pradesh.
The facts are number in dispute and may be shortly stated.
C. Bhandare, C. K. Sucharita and M. N. Shroff for the Appellant.
On November 12, 1940 his name was listed by the Board of Indian Medicine, Uttar Pradesh, in the register of Vaids and Hakims.
In 1940 he obtained the degree of Ayurved Shastri from the All India Adarsh Vidwat Parishad, Kanpur.
He practised as a Vaid in Agra thereafter upto 1955 when he migrated to Bhopal where he was registered as an Ayurvedic Doctor by the Medical Council of the Government of Bhopal under the Bhopal Medical Practitioners Registration Act, 1935.
1572 of 1970.
2087/68.
However, in the meantime, i.e., on November 23, 1961, the Act came into force, except for Chapter VI thereof which came into operation on November 1, 1966.
