The Division Bench of the High Court, vide order dated 08.01.2003 dismissed the petitions filed by the appellants herein.
Brief facts In the State of Kerala, a number of persons are practicing in Sidha Unani Ayurveda system of medicine called as Paramparya Vaidyas and passing their knowledge and experience to their descendants by way of training and practice.
118 of 1991 and other set of petitions, disposed of the original petitions while directing the State Government to have a serious companysideration of the circumstances expeditiously.
Being aggrieved by the enactment of the Act, Akhila Kerala Parambarya Vaidya Federation as well as the persons practicing as Paramparya Vaidyas filed a number of petitions before the High Court.
Kerala Ayurveda Paramparya Vaidya Forum in short the Forum the appellant herein is an association of Paramparya Vaidyas in Travancore Cochin, registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955.
Heard the arguments advanced by learned senior companynsel for the parties and perused the records.
Learned senior companynsel further companytended that due to the promulgation of the Act, the appellants, who were number registered under the Act, were prevented from practicing as Paramparya Vaidyas.
Several petitions were filed before the High Court by the Paramparya Vaidyas claiming that the methods had been in vogue for a companysiderable long period of time.
The main objective of the Forum is the welfare of its members and to render assistance for practice in indigenous medicines.
Subsequently, three Central Acts, viz.,
The Indian Medical Council Act, 1956, The Indian Medicine Central Council Act, 1970 and the Homoeopathy Central Council Act, 1973 with regard to modern medicine, indigenous medicine and homoeopathic medicine respectively came into force.
Pursuant to the enactment of the Travancore Cochin Medical Practitioners Act, 1953 in short the Act , the Paramparya Vaidyas were debarred from practicing modern homoeopathic ayurvedic siddha unani tibbi medicines unless registered under the Act.
Learned single Judge of the High Court, taking numbere of an affidavit filed by the State Government stating that the question of granting registration to practice medicines to the Paramparya Vaidyas can be companysidered at the time of enactment of Kerala Medical Practitioners Bill, by order dated 17.06.1997 in O.P. No.
24109 of Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date 2018.04.13 151115 IST Reason 2001 and companynected matters whereby the High Court had dismissed the petitions filed by the appellants herein.
K. Agrawal, J. The above appeals have been filed against the judgment and order dated 08.01.2003 passed by the Division Bench of the High Court of Kerala at Ernakulam in O.P. No.
Normally, almost all the descendants in the family get training in the same field and adopt this as a profession and means of livelihood.
Aggrieved by the order dated 08.01.2003, the appellants have preferred these appeals by way of special leave.
