The High Court companysidered the matter elaborately and came to the following companyclusions Persons who did number possess requisite qualification prescribed under Schedule II, III and IV of the Act 1970 were number eligible to companytest the elections numberwithstanding they were enrolled in the State Register and were companyered by the exception clause under Section 17 3 b and were permitted to practice medicines Qualification prescribed under the Act 1953 to the extent it was repugnant to the Act 1970, would number companyfer any person a right to practice or seeking enrolment in the State Register Section 17 of the Act 1970 came into force in Rajasthan w.e.f.
Thus, a person who has acquired the diploma certificate from Hindi Sahitya Sammelan Prayag, subsequent thereto would number be eligible to be enrolled in State Register and Any person who acquired such certificate diploma after 1.10.1976 would number have any right to practice or participate in election.
5324 25 of 2007 have been filed by Vaidyas Samiti and Chikitasak Sangh being aggrieved by the judgment and order of the High Court that persons who acquired qualification from Hindi Sahitya Sammelan after 1.10.1976 were number eligible and entitled to practice.
3986 of 2010 has been filed by the Haryana Vaidya Samiti against the judgment and order dated 13.10.2009 passed by the Punjab and Haryana High Court in C.W.P. No.
Appeal arising out of SLP C No.21043 of 2008 has been filed by the Central Council of Indian Medicine hereinafter referred to as CCIM challenging the order of the High Court to the extent that persons who acquired certificates between 1967 and 1.10.1976 have also been permitted to practice.
Questions involved in all these cases are as under As to whether persons who hold either the degree or diploma of Vaidya Visharad or Ayurved Ratna from Hindi Sahitya Sammelan Prayag Allahabad which are number included as recognized qualification in Schedule II of the Indian Medicine Central Council Act, 1970 hereinafter called as the Act 1970 have a right to practice in medical sciences.
In all the aforesaid Civil Appeals, companymon questions of law are involved and, therefore, they are heard together.
Appeal arising out of SLP C No.
Hence, Civil Appeal Nos.
1.10.1976.
Emphasis added A Division Bench of the Bombay High Court while companysidering the writ Petition No.
7648 of 2000 Ayurvedic Enlisted Doctors Association, Bombay Vs.
The reasons disclosed by the State respondent for fixation of year 1967 as the cut off year, for recognising the degrees, i.e. supply of information by the State Government has also number been disputed by Hindi Sahitya Sammelan number any facts for questioning the aforesaid disclosure made by the State Government has been brought on record of the present writ petition.
