Partly allowed

S.Priya Prasad v. the State of Kerala

Kerala HC10 Aug 2023WP(C)/26052/2023

Case brief

AI extract

What is this about?

Court directed the National Commission for Indian System of Medicine to decide on the petitioner's representation within two months, providing an opportunity of hearing. Status quo maintained pending decision; petitioner barred from practicing non-Siddha systems.

What did the court decide?

Directed 5th Respondent to decide on petitioner's representation (Exhibit-P4) within two months after hearing; status quo maintained; petitioner barred from practicing non-Siddha medicine.

S.Priya Prasad Vs the State of Kerala — Service and Employment | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 10^TH DAY OF AUGUST 2023 / 19TH SRAVANA, 1945

¶3

WP(C) NO. 26052 OF 2023

¶4

PETITIONER/S:

¶5

S.PRIYA PRASAD,AGED 50 YEARS
(SIDDHA VAIDYA KALANIDHI),
D/O.LATE DR.BHADRA DEVI AMMA, T.C
26/1764(1),ALAKAPURI,MULAVANA JUNCTION,
VANCHIYOOR P.O, THIRUVANATHAPURAM,PIN-,
PIN - 695035
BY ADVS.
P.M.JOSHI
SIJI K.PAUL
BONNY BABY
PRASOON.K.P
ELIZABETH KOSHY
SRUTHI SUNILKUMAR
VISHNU PRASAD

¶6

RESPONDENT/S:

¶7

1 THE STATE OF KERALA, REP BY CHIEF SECRETARY, SECRETARIAT, THIRUVANATHAPURAM-, PIN - 695001

¶8

2 THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT , GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001

¶9

3 THE COUNCIL OF INDIGENOUS MEDICINE , REP.BY THE REGISTRAR, OFFICE OF THE MEDICAL COUNCIL, RED CROSS ROAD, THIRUVANATHAPURAM-1., PIN - 695001

¶10

4 UNION OF INDIA,REPRESENTED BY THE SECRETARY MINISTRY OF HEALTH & P.W,NEW DELHI-1., PIN - 110001

¶11

5 THE NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE THE NATIONAL COMMISSION FOR

¶12

-2-

¶13

W.P.(C). No. 26052 of 2023

¶14

INDIAN SYSTEM OF MEDICINE, MINISTRY OF
AYUSH,GOVERNMENT OF INDIA,61-65,INSTITUTIONAL
AREA,JANAKAPURI,D-BLOCK,NEW DELHI,PIN-110 058,
PIN - 110058

¶15

OTHER PRESENT:

¶16

SRI. S.MANU, DSGI, SRI. B.S.SYAMANTAK, GP

¶17

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

-3-

¶19

W.P.(C). No. 26052 of 2023

¶20

P.V.KUNHIKRISHNAN, J.

¶21

====================================================== W.P.(C) No. 26052 of 2023

¶22

Dated this the 10^th day of August, 2023

¶23

JUDGMENT

¶24

The above writ petition is filed with following prayers:

¶25

“a) a writ of mandamus or appropriate writ or direction to the respondents 1 to 3 to accept Exhibit-P1 certificate as a qualified certificate issue and enrol the name of the petitioner in the State list for Siddha System of medicine practitioners or exempt her from registering in the State list.

¶26

b) a writ of mandamus or appropriate writ or direction to the respondents 4 and 5 to take a decision on Exhibit-P4 taking into consideration the fact that petitioner is a certificate holder of a valid Course but the same is not accepted for the reason that college from which she passed out is closed in the year 2003.

¶27

c) a writ of mandamus or appropriate writ or direction to the respondents to take some positive action either to register petitioner’s name in the State list of practising Siddha system of medicine in the State of Kerala or exempt them giving the benefit of S.34(3)© of THE NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE ACT, 2020 from doing registration.

¶28

d) Grant such other relief that this Hon’ble Court may deem fit and proper in this case.

¶29

W.P.(C). No. 26052 of 2023

¶30

-4-

¶31

e) Dispense with the filing of English translation of vernacular documents.” (sic)

¶32

According to the petitioner, he successfully completed

¶33

Siddha Vaidya Kalanidhi course and obtained certificate from the Mangalath Madam Smarak Siddha Vaidya Viswa Vidyalayam, Medical College PO, Thiruvananthapuram in the year 1999. The petitioner produced the certificate also as evident by Ext.P1. Ext.P4 application is pending before the 5^th respondent for more than five months is the submission. It is the case of the petitioner that the respondents are bound to take a decision either to register the petitioner and other certificate holders for actively practicing Siddha system of medicine in the various parts of State of Kerala or exempt them giving the benefit of Section 34(3) (c) of the National Commission for Indian System of Medicine Act, 2020 from doing registration. The petitioner narrated his grievance in Ext.P4 before the 5^th respondent. The grievance of the petitioner is that the same is not considered.

¶34

-5-

¶35

W.P.(C). No. 26052 of 2023

¶36

Heard the counsel for the petitioner and the learned Deputy Solicitor General of India. I also heard the Government Pleader.

¶37

After hearing both sides, I think this writ petition itself can be disposed of directing the 5^th respondent to consider Ext.P4 within a

¶38

time frame, with notice to the petitioner in the light of Ext.P3 judgment.

¶39

Therefore, this writ petition is disposed of in the following manner:

¶40

The 5^th respondent is directed to consider and pass appropriate orders in Ext.P4, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within two months from the date of receipt of a certified copy of this judgment.

¶41

The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before the 5^th respondent for compliance.

¶42

-6-

¶43

W.P.(C). No. 26052 of 2023

¶44

In the light of Ext.P3 judgment, I think a status quo order can be passed. Therefore, status-quo as on today will be maintained by the respondents till a decision is taken in Ext.P4. But I make it clear that the petitioner shall not practice any system of medicine other than Siddha in the meanwhile. I also make it clear that the 5^th respondent, while considering Ext.P4, will decide independently untrammeled by any of the observations in this judgment.

¶45

sd/-

¶46

P.V.KUNHIKRISHNAN JUDGE

¶47

das

¶48

-7-

¶49

W.P.(C). No. 26052 of 2023

¶50

APPENDIX OF WP(C) 26052/2023

¶51

PETITIONER EXHIBITS
ExhibitP 1THE TRUE COPY OF THE CERTIFICATE DATED
10-5-1999 ISSUED TO THE PETITIONER FROM
THE MANGALATH MADAM SMARAK SIDDHA
VAIDYA VISWAVIDYALAYAM
Exhibit P2THE TRUE COPY OF THE NOTIFICATION, SRO,
NO.515/85 DATED 8-3-1985
Exhibit P3THE TRUE COPY OF THE JUDGMENT DATED 7-
4-2009 IN W.P.(C) NO.8297 OF 2009
ExhibitP 4THE TRUE COPY OF THE REPRESENTATION
DATED 13-02-2023 WITH A MEMORANDUM TO
THE 5TH RESPONDENT
Exhibit P5THE TRUE COPY OF THE REPLY LETTER DATED
13-3-2009 RECEIVED FROM THE HEALTH AND
FAMILY WELFARE DEPARTMENT
Exhibit P6THE TRUE COPY OF THE GO.(MS)NO.145/09
DATED 4-6- 2009, DEPARTMENT OF HEALTH

S.Priya Prasad v. the State of Kerala

Case brief

What is this about?

What did the court decide?

S.Priya Prasad v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shijith Kozhiparambil Kunhi Velayudhan Vs Union of India

Majeed Koshi Vs the State of Kerala, Represented by the Secretary to Health and Family Welfare Department

Muhammed Ali P Vs State of Kerala

John Paulose Vs State of Kerala

Jayan Vs the State of Kerala

Vidhyadhran Vs State of Kerala