← Library
Madras High CourtWP/27020/2014disposed of

All India Board Of Alternative v. The Chief Secretary,

2022-10-11Honourable Mr Justice C. Saravanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and M.P.No.1 of 2014 All India Board of Alternative Medicine, Represented by its President Dr.P.Devasahayam, Administrative Office, Plot No.13, Kumaran Nagar II, Pollachi, Coimbatore District - 642 001.

... Petitioner Vs 1.The Chief Secretary, (R1 Struck off as per the order of this Court in W.P.No.27020 of 2014 dated 10.10.2014.) 2.The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai - 600 004.

1/6

3.The Secretary of Medical Department, 4.The Secretary of Home Department, Secretariat, Goerge Fort, ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to forbear the respondents from interfering with the professional practice of such of those members of the petitioner's societies who are eligible to practice in irrespective of the respective system of Alternative Medicine such as Siddha, Ayurvedha, Homeopathy, Unnani, Naturopathy and other alternative medicine system prevailed in India by considering the petitioner representation dated 05.08.2014. For Petitioner : Mr.R.Marudhachalamurthy For Respondents :

For R1, R2 & R4 : Mrs.P.Rajarajeswari Government Advocate For R3 : Mr.Stalin Abhimanyu Additional Government Pleader

ORDER

This Writ Petition has been filed for a Mandamus, to forbear the respondents from interfering with the professional practice of such of those members of the petitioner's societies who are eligible to practice in irrespective 2/6

of the respective system of Alternative Medicine such as Siddha, Ayurvedha, Homeopathy, Unnani, Naturopathy and other alternative medicine system prevailed in India by considering the petitioner representation dated 05.08.2014.

2. This writ petition is opposed by the respondents on the ground that the writ petition has been filed by the petitioner in his individual capacity and that there are no medical graduates with the petitioner holding 5 and half years formal decree course like B.S.M.S., B.A.M.S., B.U.M.S., and B.N.Y.S. Hence, it is prayed that the writ petition be dismissed.

3. I have considered the arguments advanced by the learned counsel for the petitioner, the learned Government Advocate for the first, second and fourth respondents and the learned Additional Government Pleader for the third respondents. I have also perused the counter affidavit filed by the third respondent.

4. The prayer of the petitioner for a blanket relief to not to interfere with the petitioner's All India Board of Alternative Medicine cannot be granted. At 3/6

the same time, the respondents also cannot interfere with the petitioner's avocation, if qualified persons are enrolled with the petitioner.

5. The writ petition is of the year 2014. The petitioner appears to have given a representation on 05.08.2014 giving the particulars. The deponent has refixed the expression 'Dr' before his name. It is not clear whether the deponent who claims to be the founder of the petitioner's society is himself as a qualified physician/doctor holding the requisite qualification.

6. Considering the same, I am inclined to direct the petitioner to give the details to the third and fourth respondents regarding the qualifications. In case, the deponent of the petitioner Dr.P.Devasagayam, has requisite qualification, he may be allowed to run the society/All India Board of Alternative Medicine by ensuring that only qualified physicians are employed by the petitioner.

7. The petitioner may give an additional representation if any to the third and fourth respondents, within a period of thirty days from the date of receipt of a copy of this order. Such representation shall be considered by the third and fourth respondents and disposed of on merits and in accordance with law, 4/6

within a period of thirty days thereafter.

8. The petitioner may be heard before such orders are passed by the respondents.

9. This Writ Petition stands disposed of with the above observations. No costs. Consequently, connected Miscellaneous Petition is closed. 11.10.2022 Index: Yes/ No Speaking/Non-Speaking Order arb To 1.The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai - 600 004.

2.The Secretary of Medical Department, 3.The Secretary of Home Department, Secretariat, Goerge Fort, C.SARAVANAN, J.

5/6

arb and M.P.No.1 of 2014 11.10.2022 6/6