Petitioners are hailing from West Bengal. It is submitted that they have passed Diploma Course under the Council of Alternative Systems of Medicine. It is submitted that they are located at various parts of Kerala and have clinical dispensaries. They rely on various certificates issued to them by the Council of Alternative Systems of Medicines, Calcutta. However, it is submitted that respondents are taking steps to close down their dispensaries and clinics. According to them, the traditional medical practitioners of Ayurvedic system of medicine are exempted by the State of Kerala and they are also entitled for exemption. Petitioner also rely on Ext.P2 Government Order. Petitioner submits that in terms of Sec.38(1) of the Travancore-Cochin Medical Practitioners Act 1953 they are entitled for exemption.
2. Petitioner, if entitled for exemption has to approach the Secretary, Government department of Health and Family Welfare. It is for the Government to satisfy that the petitioner is entitled for exemption in terms of Sec.38(1) of the Travancore-Cochin Medical Practitioners Act.
W.P(C).No.33917 of 2014L 2
3. In view of the above, petitioners shall approach the Government under Sec.38(1) of the Travancore-Cochin Medical Practitioners Act for exemption within a period of three weeks from the date of receipt of a copy of this judgment. That application shall be considered by the Government. There upon, Government shall take appropriate decision in the matter within a further period of three months after affording an opportunity of hearing to the petitioners. Till then, no coercive steps shall be taken against the petitioner by any authority. However, it is made clear that the petitioner shall not indulge in practice of modern medicine, homeopathy or any other system of medicine which required registration under the law.
The Writ Petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/17/12/14