Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Travancore-Cochin Medical Practitioners Act 1953 – s.38 and ss.23 32 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Medicine Central Council Act, 1970 (48 of 1970) Homeopathy Central Council Act, 1973 (59 of 1973) Indian Medical Council Act, 1956 (102 of 1956) Travancore Cochin Medical Practitioners Act, 1953 (9 of 1953) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Travancore-Cochin Medical Practitioners Act, 1953 – s.38 and ss.23, 32– Appellant-association consisting of ‘Paramparya Vaidyas’ who have been practicing in Siddha/Unani/Ayurveda system of medicine and passing their knowledge and experience to their descendants by way of training and practice – Under the 1953 Act, Paramparya Vaidyas were debarred from practicing modern/ homeopathic/ayurvedic/siddha/unani-tibbi medicines unless registered under the Act – Challenged by appellant, dismissed by High Court – Held: Right to practice any profession or to carry on any occupation, trade or business is a fundamental right guaranteed under the Constitution – But that right is subject to any law relating to the professional or technical qualification necessary for practicing any profession or carrying on any occupation/trade/ business – Every practitioner is deemed to be a practitioner registered under the 1953 Act if at the commencement of the Act, his name stands entered in the appropriate register and every certificate of registration issued to every such practitioner shall be deemed to be a certificate of registration issued under the 1953 Act – But in the present case, the appellants have failed to show that they possessed requisite recognized qualification for registration entitling them to practice Indian system of medicines or their names have been entered in the appropriate registers after the commencement of the 1953 Act – High Court was right in dismissing the petitions filed by the appellants – Constitution of India – VIIth Schedule, List III, Entry 26 – Indian Medicine Central Council Act, 1970 – s.17 – Indian Medical Council Act, 1956 – Homeopathy Central Council Act, 1973. Travancore-Cochin Medical Practitioners Act, 1953 – Object of – Discussed. Indian Medicine Central Council Act, 1970 – s.17(3)(c) – Exemption under, when available – Discussed. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2018 INSC 336 |
Petitioner | Kerala Ayurveda Paramparya Vaidya Forum |
Respondent | State Of Kerala And Others |
SCR | [2018] 5 S.C.R. 566 |
Judgement Date | 2018-04-13 |
Case Number | 897 |
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