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Judgment
B.S. Patil
In these writ petitions, petitioners are challenging the notice issued by the District Ayush Officer. Chikkaballapur, on 16.06.2011 vide Annexure-J and the final notice dated 24.08.2011 issued by the same Officer vide Annexure-K. Petitioners are also seeking a declaration that they are entitled to practice Electropathy/Electro Homeopathy and that the respondent - authorities have no authority to interfere with the practice of the petitioners. A direction against the respondents not to interfere with the practice of the petitioners in Electropathy/Electro Homeopathy is also sought.
The facts involved in this case stated in brief are that the petitioners are practitioners of Electropathy/Electro Homeopathy which is a part of Alternative System of Medicine for the Promotion, Development and Research of Electropathy. They claim that they have been duly registered as Medical Practitioners in Alternative Medicine in Electropathy/Electro Homeopathy Medicine (DEHM) as Bachelor of Electropathy Medicine & Surgery (BEMS). Petitioners have enclosed some certificates issued by Naturo Electro Homeopathy Medicos of India, New Delhi (N.E.H.M of India). It is the case of the petitioners that N.E.H.M. of India is a Society registered under the provisions of the Societies Registration Act. 1860 established in the year 1983 and since its inception it has been awarding the Certificates including Registration Certificates to qualified persons,
Petitioners rely upon the order dated 25.11.2003 issued by the Government of India,. Ministry of Health & Family Welfare which was passed considering the judgment rendered by the High Court of Delhi holding that similarly placed petitioners were entitled to practice Electropathy/Electro Homeopathy on the strength of the Certificates issued by N.E.H.M. of India. The said Government Order dated 25.11.2003 is produced at Annexure-F. Reliance is also placed on the order dated 05.05.2010 issued by the Government of India, Ministry of Health and Family Welfare, wherein, according to the petitioners, it was made clear that there was no proposal to stop such practitioners who were practicing or imparting education in Electropathy/Electro Homeopathy Medicine as long as the same was done within the provisions of the Government Order dated 25.11.2003. It is their contention that despite the same and although the petitioners had made necessary request before the Competent Authority requesting for registering them as Practitioners in the Specialty, the impugned notices vide Annexures-J & K came to be issued by the District Ayush Officer, Chikkabaliapur, notifying the petitioners that the Certificates relied upon by them could not be accepted and that the they were not entitled to carry on the practice.
Learned Counsel for the petitioners placing reliance on the judgment of the Kerala High Court in W.P.(C) No. 28145/2009 (K) disposed of on 25.01.2010 contends that in similar circumstances the High Court of Kerala has granted relief in favour of similarly placed persons. He further contends that when the Government of India has recognised the Certificates obtained by the petitioners as valid, it was not open for the respondent - authorities to initiate proceedings against the petitioners as per the impugned notices issued vide Annexures-J & K.
On 03.11.2011, when this matter was listed for preliminary hearing, learned Government Pleader was directed to take notice for respondents - 1 St 4 to 7 and secure instructions as to whether any final order has been passed pursuant to the notices issued as per Annexures-J & K. On instructions learned Government Pleader submits that no final order is passed by the authorities concerned and that the petitioners have not appeared before the District Ayush Officer on 05.09.2011 at 10.30 a.m. as per Annexure-K - notice.
On perusal of the averments made in the writ petitions and the impugned notices - Annexures - J & K, it is seen that the petitioners are called upon to appear before the District Ayush Officer along with necessary documents in support of their claim. Instead of appearing before the District Ayush Officer and producing the relevant documents including those on which reliance is placed in these writ petitions, petitioners have rushed to this Court challenging the notices issued. Though in the notice issued vide Annexures-J & K, the authorities appear to have prima facie expressed their view regarding the validity of the Certificates possessed by the petitioners, the said opinion is expressed only to enable the petitioners to produce all the relevant documents so that the authorities can pass final order in the matter. In such a situation, this Court cannot interfere with the show-cause notices only on the ground that the show-cause notices contain certain observations on merits of the Certificates relied upon by the petitioners. Suffice to observe that such observations shall not influence the respondent - authorities while taking final decision in the matter and that the authorities shall consider the entire matter objectively by referring to the documents already produced by the petitioners and also by considering the additional documents which the petitioners may produce within a period of two weeks from the date of receipt of a copy of this order. Petitioners are therefore permitted to make a fresh representation within a period of two weeks from the date of receipt of a copy of this order and thereafter the Competent Authority shall consider the same and pass appropriate orders in accordance with law. Writ Petitions are accordingly disposed of.
Learned Government Pleader is permitted to file memo of appearance within three weeks from today.