Petitioner sought extension of prescription rights to BAMS doctors under existing notification. Court held it could not issue mandamus for policy matters or equivalence of qualifications, which are for experts; Article 14 does not operate negatively.
The writ petition was disposed of without issuance of any mandamus.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (C) No. 139 of 2016
AYUSH Medical Association (A National Organisation of Registered Ayurveda, Yoga and Naturopathy, Unani, Sidhdha and Homeopathy) Doctors], Chhattisgarh State Council, Office at New Sarkanda, Bandhwapara in front of Maharana Pratap Bhawan, Bilaspur, Chhattisgarh, Through Its State General Secretary Dr. Prince Jaiswal S/o Shri Sant Kumar Jaiswal, Aged about 31 years, R/o Beside PHC Pondi, (Bhachra) Police Station Khadgawan, District Korea, Chhattisgarh.
---- Respondents
| For Petitioner | : Shri Sachin Tamrakar, Advocate. |
|---|---|
| For Respondent/UoI | : Shri Narendra Kumar Vyas, Assistant Solicitor General. |
| For Respondent No. 3 & 4 | : Shri Ranbir Singh Marhas, Advocate. |
| For Respondent/State | : Shri UNS Deo, Government Advocate. |
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Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri P. Sam Koshy, J.
Order on Board
Per Navin Sinha, Chief Justice
20/01/2016
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entitled to do so under the law. With regard to the allegations of discrimination, it is submitted that without instructions, he is not in a position to make any submissions with regard to the same.
Sd/Sd/(Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE
Amit
3 issues framed by the court
Whether the Court can issue mandamus to extend a notification permitting prescription by BAMS qualified doctors without examining equivalence of qualifications.
Whether Article 14 of the Constitution operates in negativity to allow writ seeking perpetuation of alleged illegality by State permission.
Whether issues of policy and equivalence of medical qualifications fall to be decided by experts or remain matters of Government policy.
3 provisions across 3 enactments
AYUSH Medical Association [A National Organisation of Registered Ayurveda, Yoga and Naturopathy, Unani, Sidhdha and Homeopathy] Doctors
Union of India
State of Chhattisgarh
Central Council for Indian Medicine
Medical Council of India
Chhattisgarh Board of Ayurvedic and Unani System of Medicine and Naturopathy
Navin Sinha
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
