The petitioners are practitioners of Ayurveda, Chandsi system of medicines as Paramparya Vaidyas or Traditional Physicians. This writ petition is filed seeking the following reliefs:
“i) Issue a writ of mandamus or any other appropriate writ, order or direction declaring that the petitioners are entitled to be granted exemption under the proviso to Section 38 of the Travancore Cochin Medical Practitioners Act, 1953;
ii) issue a writ of mandamus or any other appropriate writ, order or direction declaring that the petitioners are entitled to carry on his hereditary profession of medicine without any obstruction from the respondents;
iii) issue a writ of mandamus or any other appropriate writ, direction or order restraining the respondents from harassing the petitioners and W.P.C.No.15554/2014 2 from interfering with or obstructing the petitioners in his practice as Paramparya Vaidyan;
iv) issue a writ of mandamus or such other appropriate writ, direction or order calling upon the respondents to take immediate steps to enact a unified legislation for the registration of medical practitioners including the Paramparya Vaidyans;
v) declare that the petitioners are entitled to practice as Paramparya Vaidyans and is entitled to be exempted under Section 38 of the Travancore Cochin Medical Practitioners Act;”
2. The very same issue was considered by a Division Bench of this Court in O.P.No.27784 of 2002 and connected cases. The writ petitions were dismissed by judgment delivered on 08/01/2003 holding that under the Travancore Cochin Medical Practitioners Act, 1953, only those persons who have acquired the qualifications from the Institutions included in the schedule thereunder are entitled to practice medicine and claim registration.
W.P.C.No.15554/2014 3 In the light of the binding decision of the Division Bench of this Court, the reliefs prayed for by the petitioners cannot be granted. The writ petition fails and is accordingly dismissed.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr