Chattisgarh High Court
Dr. Abdul Nafis Khan And Ors vs State Of Chhattisgarh And Ors 71 ... on 25 July, 2018
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No.1388 of 2014
1. Dr. Abdul Nafis Khan, S/o Abdul Wahab Khan, Aged 29 years, R/o
Village Kotmi Sonar, Police Station Akaltara, Civil and Revenue Distt.
Janjgir-Champa (C.G.)
2. Dr. R.K. Gauraha, S/o Prem Shankar, Aged 43 years, R/o
Bandhwapara, Arvind Nagar, Sarkanda, Police Station Sarkanda, Civil
and Revenue Distt. Bilaspur (C.G.)
3. Dr. Manoranjan Kumar, S/o Shri Barun Kumar Sinha, Aged 29 years,
R/o B 25, Phase 2, Nature City, Uslapur, Police Station Sakri, Civil and
Revenue Distt. Bilaspur (C.G.)
---- Petitioners
Versus
1. State of Chhattisgarh, Through the Director, Directorate of Health
Services, Chhattisgarh, Mantralaya Campus, Naya Raipur (C.G.)
2. Chief Medical and Health Officer, Bilaspur, Distt. Bilaspur (C.G.)
3. Collector, Office of the Collector, Bilaspur (C.G.)
4. Director, Council of Alternative System of Medicine, Masanganj,
Bilaspur, Distt. Bilaspur (C.G.)
---- Respondents
WPC No.439 of 2015
1. Dr. Chandrashekhar Shrivas, S/o Shri Shankarlal, Aged 39 years, R/o
Village Lakhram, Thana Ratanpur, Civil and Revenue Distt. Bilaspur
(C.G.)
2. Dr. Baldau Kumar Dhuriya, S/o Makhanlal, Aged 28 years, R/o Village
Achanakpur, Bodri, Post Chakarbhata Camp, Thana Chakarbhata,
Civil and Revenue District Bilaspur (C.G.)
3. Dr. Gulab Singh, S/o Shri Preetam Singh, Aged 31 years, R/o Gayatri
Clinic, Nayadih Chowk, Seepat, Thana Seepat, Civil and Revenue
District Bilaspur (C.G.)
4. Dr. Sukhiram Sahu, S/o Shri Laharram, Aged about 40 years, R/o
Ramnagar, Lingiyadih, Bilaspur, Thana Sarkanda, Civil and Revenue
District Bilaspur (C.G.)
5. Dr. Pinki Shrivas, D/o Kamal Prasad, Aged 27 years, R/o Yadunandan
Nagar, Near Bajrang Mandir, Tifra, Thana Sirgitti, Civil and Revenue
District Bilaspur (C.G.)
6. Dr. Ramprakash Patel, S/o Shri Devnarayan Patel, Aged about 27
years, R/o Village Kotmi Sonar, Thana Akaltara, Civil and Revenue
District Janjgir-Champa (C.G.)
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7. Dr. Bhuneshwar Prasad Rajput, S/o Manharan, Aged about 29 years,
R/o Indira Awaspara, Sirgitti, Bilaspur, Thana Sirgitti, Civil and
Revenue District Bilaspur (C.G.)
8. Dr. Rajanikant Shrivas, S/o Vishnu Prasad, Aged about 27 years, R/o
Ward No.2, Navapara, Thana Sirgitti, Civil and Revenue Distt.
Bilaspur (C.G.)
9. Dr. Shankar Lal Mandre, S/o Shri T.P. Mandre, Aged about 40 years,
R/o Maa Bhawani Nagar, Sirgitti, Bilaspur, Thana Sirgitti, Civil and
Revenue District Bilaspur (C.G.)
10. Dr. Vijay Kumar Jangde, S/o Narayandas, Aged about 30 years,
Ashray Parisar, Sirgitti, Bilaspur, Thana Sirgitti, Civil and Revenue
District Bilaspur (C.G.)
11. Dr. Santosh Kumar Gupta, S/o Bahoranlal, Aged about 39 years, R/o
Shri Sai Clinic, Hatri Chowk, Juna Bilaspur, Thana City Kotwali,
Revenue and Civil District Bilaspur (C.G.)
12. Dr. Rakesh Kumar Rajput, S/o Prahlad Rajput, Aged about 31 years,
R/o Indira Awaspara, Sirgitti, Bilaspur, Thana Sirgitti, Civil and
Revenue District Bilaspur (C.G.)
13. Lalit Kumar Dewangan, S/o Nankiram, Aged about 40 years, R/o
Village Katakoni, Thana Takhatpur, Civil and Revenue Distt. Bilaspur
(C.G.)
14. Dr. Hemant Kumar Dewangan, S/o Nanki Ram, Aged about 37 years,
R/o Village Katakoni, Thana Takhatpur, Civil and Revenue Distt.
Bilaspur (C.G.)
15. Dr. Laxmi Kumar Shrivas, S/o Shankar Lal, Aged about 37 years, R/o
Village Lakhram, Thana Ratanpur, Civil and Revenue Distt. Bilaspur
(C.G.)
---- Petitioners
Versus
1. State of Chhattisgarh, Through the Director, Directorate of Health
Services, Chhattisgarh, Mantralaya Campus, Naya Raipur (C.G.)
2. Chief Medical and Health Officer, Bilaspur, Distt. Bilaspur (C.G.)
3. Collector, Office of the Collector, Bilaspur (C.G.)
4. Chief Medical and Health Officer, Janjgir-Champa, Distt. Janjgir-
Champa (C.G.)
5. Collector, Office of the Collector, Janjgir, Distt. Janjgir-Champa (C.G.)
6. Director, Council of Alternative System of Medicine, Masanganj,
Bilaspur, Distt. Bilaspur (C.G.)
---- Respondents
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WPC No.440 of 2015
1. Dr. Ramesh Vaishnav, S/o Shri H.D. Vaishnav, Aged 30 years, R/o
Shrikrishna Health Care Centre, Yadunandan Nagar, Tifra, Thana Civil
Lines, Civil and Revenue District Bilaspur (C.G.)
2. Dr. Jitendra Kumar Soni, S/o Shri Krishna Soni, Aged 30 years, R/o
Arvind Nagar, Bandhwapara, Sarkanda, Bilaspur Thana Sarkanda,
Civil and Revenue District Bilaspur (C.G.)
3. Dr. Keshav Prasad Khunte, S/o Shri Sukhram, Aged 36 years, R/o
Village Jondhra, Thana Pachpedi, Civil and Revenue Distt. Bilaspur
(C.G.)
4. Dr. Raju Shrivas, S/o Shri Malikram, Aged 40 years, R/o Dabhrapara,
Ratanpur, Bilaspur, Thana Ratanpur, Civil and Revenue District
Bilaspur (C.G.)
5. Dr. Ramesh Kumar Rajak, S/o Shri Manuram, Aged 42 years, R/o
Lingiyadih, Rajkishore Nagar, Thana Sarkanda, Civil and Revenue
District Bilaspur (C.G.)
6. Dr. Dilip Kumar Shrivas, S/o Shri Vijay Kumar, Aged 39 years, R/o
Shail Vihar, Near Primary School, Mangla, Bilaspur, Thana Civil Lines,
Civil and Revenue District Bilaspur (C.G.)
7. Dr. Mannulal Sahu, S/o Shri Bhaiyaram, Aged 30 years, R/o Village
Naroutikapa, Ganiyari, Thana Ganiyari, Civil and Revenue District
Bilaspur (C.G.)
8. Dr. Shiyaram Jaiswal, S/o Shri Ramcharan, Aged 27 years, R/o
Village Kargiroad, Pali, Thana Lormi, Civil and Revenue Distt. Bilaspur
(C.G.)
9. Dr. Santosh Kumar Jaiswal, S/o Shri Mitthuram, Aged 25 years, R/o
Village Domanpur, Thana Takhatpur, Civil and Revenue District
Bilaspur (C.G.)
10. Dr. Ramkrishna Kewat, S/o Shri Tanguram Kewat, Aged 33 years, R/o
Village Parsada, Thana Ratanpur, Civil and Revenue Distt. Bilaspur
(C.G.)
11. Dr. Mithlesh Kumar Chaturvedi, S/o Shri V.P. Chaturvedi, Aged 44
years, R/o Maharshi School Road, Mangla, Bilaspur, Thana Civil
Lines, Civil and Revenue District Bilaspur (C.G.)
12. Dr. Nakulram Yadav, S/o Shri Santram, Aged 33 years, R/o Village
Silli, Thana Pali, Civil and Revenue District Korba (C.G.)
13. Dr. Nadim Khan, S/o Shri Wahab Khan, Aged 24 years, R/o Village
Kotmisonar, Thana Akaltara, Civil and Revenue District Janjgir-
Champa (C.G.)
14. Dr. Ajeet Prasad Patel, S/o Shri Faguram Patel, Aged 34 years, R/o
Village Parsahi / Bana, Thana Akaltara, Civil and Revenue Distt.
Bilaspur (C.G.)
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15. Dr. Anandram Pradhan, S/o Shri Shobhnath, Aged 36 years, R/o
Village Gidhouri, Thana Gidhouri, Civil and Revenue District Baloda
Bazaar (C.G.)
16. Dr. Ramakantdas Vaishnav, S/o Shri M.D. Vaishnav, Aged 32 years,
R/o Village Balouda, Thana Gidhouri, Civil and Revenue District
Baloda Bazaar (C.G.)
17. Dr. Laxmicharan Dewangan, S/o Shri Atmaram, Aged 36 years, R/o
Village Katgi, Thana Kasdol, Civil and Revenue Distt. Baloda Bazaar
(C.G.)
18. Dr. Pratap Singh Sahu, S/o Shri Battulal Sahu, Aged 34 years, R/o
Village Baijnath, Thana Kasdol, Civil and Revenue District Baloda
Bazaar (C.G.)
19. Dr. Harikrishna Dewangan, S/o Shri Teejram, Aged 35 years, R/o
Village Katgi, Thana Kasdol, Civil and Revenue District Baloda Bazaar
(C.G.)
20. Dr. Raghunandan Paikra, S/o Shri Palturam, Aged 38 years, R/o
Village Kukurdikala, Thana Masturi, Civil and Revenue Distt. Bilaspur
(C.G.)
---- Petitioners
Versus
1. State of Chhattisgarh, Through the Director, Directorate of Health
Services, Chhattisgarh, Mantralaya Campus, Naya Raipur (C.G.)
2. Chief Medical and Health Officer, Bilaspur, Distt. Bilaspur (C.G.)
3. Collector, Office of the Collector, Bilaspur (C.G.)
4. Chief Medical and Health Officer, Janjgir-Champa, Distt. Janjgir-
Champa (C.G.)
5. Collector, Office of the Collector, Janjgir, Distt. Janjgir-Champa (C.G.)
6. Chief Medical and Health Officer, Baloda Bazaar, Distt. Baloda Bazaar
(C.G.)
7. Collector, Office of the Collector, Baloda Bazaar, Distt. Baloda Bazaar
(C.G.)
8. Chief Medical and Health Officer, Korba, Distt. Korba (C.G.)
9. Collector, Office of the Collector, Korba, Distt. Korba (C.G.)
10. Director, Council of Alternative System of Medicine, Masanganj,
Bilaspur, Distt. Bilaspur (C.G.)
---- Respondents
5
WPC No.1672 of 2014
Dr. Vishwanath Chakravarti, S/o Late Shri B.B. Chakravarti, Aged 53
years, R/o Village Kargiroad, Mahasakti Chowk, Kargiroad, Kota,
Thana Kargiroad, Civil and Revenue Distt. Bilaspur (C.G.)
---- Petitioner
Versus
1. State of Chhattisgarh, Through the Director, Directorate of Health
Services, Chhattisgarh, Mantralaya Campus, Naya Raipur (C.G.)
2. Chief Medical and Health Officer, Bilaspur, Distt. Bilaspur (C.G.)
3. Collector, Office of the Collector, Bilaspur (C.G.)
4. Director, Council of Alternative System of Medicine, Masanganj,
Bilaspur, Distt. Bilaspur (C.G.)
---- Respondents
WPC No.97 of 2015
1. Dr. Nandkumar Sahu, S/o Late Shri Manohar Lal, Aged about 45
years, R/o Subhash Chowk, Madeli, Thana Kurud, Civil and Revenue
Distt. Dhamtari (C.G.)
2. Dr. Panchuram Sahu, S/o Shri Thukel Ram Sahu, Aged about 50
years, R/o Village Birejhar, Thana Kurud, Civil and Revenue Distt.
Dhamtari (C.G.)
3. Dr. Rohit Kumar, S/o Shri Kamal Singh, Aged about 37 years, R/o
Village Thuha, Thana Kurud, Civil and Revenue Distt. Dhamtari (C.G.)
4. Dr. Sanjeev Kumar Singh, S/o Shri Jay Prakash Singh, Aged about 32
years, R/o Village and Post Maraud, Thana Kurud, Civil and Revenue
Distt. Dhamtari (C.G.)
5. Dr. Thakur Ram Sinha, S/o Shri Chhitku Ram Sinha, Aged about 42
years, R/o Village Silghat, Thana Bhakhara, Tah. Kurud, Civil and
Revenue Distt. Dhamtari (C.G.)
6. Dr. Rakesh Kumar Patel, S/o Shri Kholbahara Ram, Aged about 40
years, R/o Village Semra Di, Thana Kurud, Civil and Revenue Distt.
Dhamtari (C.G.)
7. Dr. Hemlal Sahu, S/o Shri Tukaram Sahu, Aged about 50 years, R/o
Village Atang, Thana Kurud, Civil and Revenue Distt. Dhamtari (C.G.)
8. Dr. Chitranjan Patel, S/o Shri Manohar Lal, Aged about 28 years, R/o
Village Mandraud, Thana Kurud, Civil and Revenue Distt. Dhamtari
(C.G.)
9. Dr. Govind Ram Chakradhari, S/o Shri Puranik Ram, Aged about 30
years, R/o Village Mandraud, Thana Kurud, Civil and Revenue Distt.
Dhamtari (C.G.)
6
10. Dr. Alkhu Ram Sahu, S/o Shri Bhukhan Lal, Aged about 46 years, R/o
Katalbod, Thana Kurud, Civil and Revenue Distt. Dhamtari (C.G.)
11. Dr. Aswant Kumar Sahu, S/o Shri Balood Ram, Aged about 33 years,
R/o Village Naveen-Joratarai, Thana Kurud, Civil and Revenue Distt.
Dhamtari (C.G.)
12. Dr. Rohit Kumar Banjare, S/o Shri Dayadas Banjare, Aged about 30
years, R/o Village Devri, Thana Bhakhara, Civil and Revenue Distt.
Dhamtari (C.G.)
13. Dr. Amitangsu Majumdar, S/o Shri Kripasindhu Majumdar, Aged about
30 years, R/o Sanjay Nagar, Kurud, Thana Kurud, Civil and Revenue
Distt. Dhamtari (C.G.)
14. Dr. Chandrakumar Chakradhari, S/o Late Shri Manohar Lal, Aged
about 39 years, R/o Village and Post Kachna, Semra Bi, Thana
Bhakhara, Civil and Revenue Distt. Dhamtari (C.G.)
15. Dr. Khilesh Kumar Sahu, S/o Shri Chamanlal Sahu, Aged about 29
years, R/o Sivanikhurd, Post Barna, Thana Arjuni, Civil and Revenue
Distt. Dhamtari (C.G.)
16. Dr. Ravindra Kumar Manikpuri, S/o Shri Girvar Das, Aged about 35
years, R/o Village Semra Bi, Thana Bhakhara, Civil and Revenue
Distt. Dhamtari (C.G.)
17. Dr. Jeevan Lal Sahu, S/o Shri Motiram Sahu, Aged about 39 years,
R/o Village Gujka, Post Doma, Thana Bhakhara, Civil and Revenue
Distt. Dhamtari (C.G.)
18. Dr. Bhisham Kumar Sahu, S/o Shri Bisruram Sahu, Aged about 30
years, R/o Village Devri, Thana Bhakhara, Civil and Revenue Distt.
Dhamtari (C.G.)
19. Dr. Santosh Kumar Sinha, S/o Shri Pyarelal Sinha, Aged about 30
years, R/o Village and Post Kurud, Teacher Colony, Thana Kurud,
Civil and Revenue Distt. Dhamtari (C.G.)
20. Dr. Ramesh Kumar Yadav, S/o Shri Kartik Ram, Aged about 44 years,
R/o Nagar Panchayat Bhakhara Bhatheli, Thana Bhakhara, Civil and
Revenue Distt. Dhamtari (C.G.)
21. Dr. Bhushan Lal Sahu, S/o Late Shri Kriparam Sahu, Aged about 48
years, R/o Village Jhuranvagaon, Thana Kurud, Civil and Revenue
Distt. Dhamtari (C.G.)
---- Petitioners
Versus
1. State of Chhattisgarh, Through the Director, Directorate of Health
Services, Chhattisgarh, Mantralaya Campus, Naya Raipur (C.G.)
2. Chief Medical and Health Officer, Dhamtari, Distt. Dhamtari (C.G.)
7
3. Collector, Office of the Collector, Distt. Dhamtari (C.G.)
---- Respondents
WPC No.98 of 2015
1. Dr. Shailendra Singh Chouhan, S/o Shri Shripal Singh Chauhan, Aged
about 29 years, R/o House No. 14, Thakur Mohalla, Akaltara, Thana
Akaltara, Civil and Revenue Distt. Janjgir-Champa (C.G.)
2. Dr. Vijay Kumar Kewat, S/o Shri Manharan Lal, Aged about 36 years,
R/o Imlibhatha Road, Geeta Public School, Bandhwapara, Sarkanda,
Thana Sarkanda, Civil and Revenue Distt. Bilaspur (C.G.)
3. Dr. Kamlesh Prasad Yadav, S/o Shri Gendlal Yadav, Aged about 29
years, R/o Village Amaru, Tah. and Thana Pendra, Civil and Revenue
Distt. Bilaspur (C.G.)
4. Dr. Sukhnandan Prasad, S/o Shri Laxmi Prasad, Aged about 31 years,
R/o Village Chhatauna, Tah. Takhatpur, Thana Chakarbhatha, Civil
and Revenue Distt. Bilaspur (C.G.)
5. Dr. Ku. Archana Kachhar, D/o Shri Samelal Kachhar, Aged about 27
years, R/o Chantidih, Ramayan Chowk, Melapara, Bilaspur, Thana
Sarkanda, Civil and Revenue Distt. Bilaspur (C.G.)
6. Dr. Umashankar Sahu, S/o Shri Jwala Prasad, Aged about 32 years,
R/o Science College Road, Chantidih, Bilaspur, Thana Sarkanda, Civil
and Revenue Distt. Bilaspur (C.G.)
7. Dr. Jagdish Prasad Patel, S/o Shri Jageshar Patel, Aged about 31
years, R/o Village Saakar, Tah. and Thana Akaltara, Civil and
Revenue Distt. Janjgir-Champa (C.G.)
8. Dr. Rohit Kumar Kaushik, S/o Shri Markandey Prasad, Aged about 34
years, R/o Shri Clinic, Opposite R.K. Petrol Pump, Chantidih, Bilaspur,
Thana Sarkanda, Civil and Revenue Distt. Bilaspur (C.G.)
9. Dr. Ramesh Kumar Gupta, S/o Shri Vijay Kumar Gupta, Aged about
41 years, R/o Balihari Chaura, Arvind Nagar, Sarkanda, Thana
Sarkanda, Civil and Revenue Distt. Bilaspur (C.G.)
10. Dr. Mohan Lal Sahu, S/o Late Shri Devidayal Sahu, Aged about 54
years, R/o Rest House Road, Near Marhi Mata Mandir, Pendra Road,
Thana Gaurela, Civil and Revenue Distt. Bilaspur (C.G.)
11. Dr. Sameer Khan, S/o Shri Usman Khan, Aged about 32 years, R/o
Village and Post Mangla, Thana Civil Lines, Civil and Revenue Distt.
Bilaspur (C.G.)
12. Dr. Kanhaiya Lal Sahu, S/o Shri Ramayan Lal Sahu, Aged about 41
years, R/o Ashok Nagar Chowk, Sarkanda, Bilaspur, Thana Sarkanda,
Civil and Revenue Distt. Bilaspur (C.G.)
13. Dr. Vinod Kumar Tonde, S/o Shri Ramphal Tonde, Aged about 35
years, R/o Village Mopka, Thana Sarkanda, Civil and Revenue Distt.
Bilaspur (C.G.)
8
14. Dr. Smt. Rani Sahu, W/o Jiyalal Sahu, Aged about 34 years, R/o
Village Madhna Depot Patarkoni, Post Pendra Road, Thana Gaurela,
Civil and Revenue Distt. Bilaspur (C.G.)
15. Dr. Subdha Masih, S/o Shri Reshamlal Masih, Aged about 32 years,
R/o Village Marwahi, Thana Marwahi, Civil and Rev. Distt. Bilaspur
(C.G.)
16. Dr. Ram Naresh Sahu, S/o Shri Bhaiya Ram Sahu, Aged about 40
years, R/o Village Gidhouri, Thana Gidhouri, Civil and Rev. Distt.
Baloda Bazaar-Bhatapara (C.G.)
17. Dr. Bidhan Chandra Biswas, S/o Shri Bijay Krishna Biswas, Aged
about 48 years, R/o Village Dindori, Thana Lormi, Civil and Rev. Distt.
Mungeli (C.G.)
18. Dr. Abdul Ajij, S/o Late Shri Dr. Abdul Wahid, Aged about 42 years, R/o
Datar Sifa Clinic, Korba Road, Baloda, Thana Baloda, Civil and
Revenue Distt. Janjgir-Champa (C.G.)
19. Dr. Wadoot Mohd. Qureshi, S/o Shri Dr. Wahid Mohd. Qureshi, Aged
about 45 years, R/o Near Bus Stand, Hardibazar, Korba, Thana
Hardibazar, Civil and Revenue Distt. Korba (C.G.)
20. Dr. Ayyub Mohammed, S/o Shri Guljar Mohammed, Aged about 35
years, R/o Village Kotmi Sonar, Tah. and Thana Akaltara, Civil and
Revenue Distt. Janjgir-Champa (C.G.)
---- Petitioners
Versus
1. State of Chhattisgarh, Through the Director, Directorate of Health
Services, Chhattisgarh, Mantralaya Campus, Naya Raipur (C.G.)
2. Chief Medical and Health Officer, Bilaspur, Distt. Bilaspur (C.G.)
3. Collector, Office of the Collector, Bilaspur (C.G.)
4. Chief Medical and Health Officer, Janjgir-Champa, Distt. Janjgir-
Champa (C.G.)
5. Collector, Office of the Collector, Janjgir, Distt. Janjgir-Champa (C.G.)
6. Chief Medical and Health Officer, Mungeli, Distt. Mungeli (C.G.)
7. Collector, Office of the Collector, Mungeli, Distt. Mungeli (C.G.)
8. Chief Medical and Health Officer, Korba, Distt. Korba (C.G.)
9. Collector, Office of the Collector, Korba, Distt. Korba (C.G.)
10. Director, Council of Alternative System of Medicine, Masanganj,
Bilaspur, Distt. Bilaspur (C.G.)
---- Respondents
9
WPC No.325 of 2015
1. Dr. Rajendra Kumar Kharat, S/o Shri Atmaram Kharat, Aged about 53
years, R/o Village Gourela, Tah. Pendra Road, Thana Gourela, Civil
and Revenue Distt. Bilaspur (C.G.)
2. Dr. Saroj Kumar Sahu, S/o Shri Heeralal Sahu, Aged about 28 years,
R/o Village Nayapara B, Thana Balod, Civil and Revenue District
Janjgir-Champa (C.G.)
3. Dr. Jageshwar Prasad Sahu, S/o Shri Ram Pyari Sahu, Aged about 36
years, R/o Village Post Sivni Kala, Tah. and Thana, Kurud, Civil and
Revenue District Dhamtari (C.G.)
4. Dr. Dome Ram Sahu, S/o Shri Toran Lal, Aged about 38 years, R/o
Village Hachalpur, Tah. Kurud, Thana Bhakhara, Civil and Revenue
District Dhamtari (C.G.)
5. Dr. Suman Shukla, S/o Shri Kishore Kumar Shukla, Aged about 29
years, R/o C/o Shri Balram Tiwari, Plas-83, Parshuram Chouk, In front
of Smriti Garden, Rajkishore Nagar, Bilaspur, Thana Sarkanda, Civil
and Revenue District Bilaspur (C.G.)
6. Dr. Satanand Tiwari, S/o Shri H.P. Tiwari, Aged about 45 years, R/o
Dhuripara, Mangla, Bilaspur, Thana Civil Lines, Civil and Revenue
District Bilaspur (C.G.)
7. Dr. Sanad Kumar Markandey, S/o Shri Dhansai, Aged about 45 years,
R/o Village Post Kachna, Thana Kurud, Civil and Revenue District
Dhamtari (C.G.)
8. Dr. Ratnakar Poddar, S/o Shri Jagdish Chandra, Aged about 47 years,
R/o Village Post Dahi, Thana Kurud, Civil and Revenue District
Dhamtari (C.G.)
---- Petitioners
Versus
1. State of Chhattisgarh, Through the Director, Directorate of Health
Services, Chhattisgarh, Mantralaya Campus, Naya Raipur (C.G.)
2. Chief Medical and Health Officer, Bilaspur, Distt. Bilaspur (C.G.)
3. Collector, Office of the Collector, Bilaspur (C.G.)
4. Chief Medical and Health Officer, Janjgir, Distt. Janjgir-Champa (C.G.)
5. Collector, Office of the Collector, Janjgir, Distt. Janjgir-Champa (C.G.)
6. Chief Medical and Health Officer, Dhamtari, Distt. Dhamtari (C.G.)
7. Collector, Office of the Collector, Distt. Dhamtari (C.G.)
---- Respondents
10
WPC No.1386 of 2015
1. Dr. Rakesh Kumar Gupta, S/o Shri Ramavtar Gupta, Aged about 37
years, R/o Chandni Chowk, Ramanujganj, Thana Ramanujganj, Civil
and Revenue District Balrampur-Ramanujganj (C.G.)
2. Dr. Jitendra Kumar Paswan, S/o Shri Brijprasad, Aged about 35 years,
R/o Village Badkapara, Thana Surajpur, Civil and Revenue District
Surajpur (C.G.)
3. Dr. Manoj Kumar Sahu, S/o Shri Rajpal Sahu, Aged about 32 years,
R/o Village Pampapur, Thana Surajpur, Civil and Revenue District
Surajpur (C.G.)
4. Dr. Ashish Kumar Soni, S/o Shri Shankar Lal Soni, Aged about 32
years, R/o Village Rajnagar, Kalri, Civildafai, Tah. Kotma, Thana
Ramnagar, Civil and Revenue District Anuppur (M.P.)
5. Dr. Amit Kumar Soni, S/o Late Shri Gulabchandra, Aged about 25
years, R/o Surajpur, Tah. and Thana Surajpur, Civil and Revenue
District Surajpur (C.G.)
---- Petitioners
Versus
1. State of Chhattisgarh, Through the Director, Directorate of Health
Services, Chhattisgarh, Mantralaya Campus, Naya Raipur (C.G.)
2. Chief Medical and Health Officer, Balrampur, Distt. Balrampur-
Ramanujganj (C.G.)
3. Collector, Office of the Collector, Balrampur, Distt. Balrampur-
Ramanujganj (C.G.)
4. Chief Medical and Health Officer, Surajpur, Distt. Surajpur (C.G.)
5. Collector, Office of the Collector, Surajpur, Distt. Surajpur (C.G.)
6. Chief Medical and Health Officer, Anuppur, Distt. Anuppur (M.P.)
7. Collector, Office of the Collector, Anuppur, Distt. Anuppur (M.P.)
---- Respondents
AND
WPC No.1846 of 2015
1. Dr. Rajesh Kumar, S/o Shri Anjoriram Banjare, Aged about 37 years,
R/o Life Care Clinic, Bajrang Chowk, Ratakhar, Korba, Thana Kotwali,
Korba, Civil and Revenue District Korba (C.G.)
2. Dr. Ashok Kumar Sharma, S/o Shri Janaklal Sharma, Aged about 45
years, R/o Through Ashok Medical Store, Kurud, Thana Kurud, Civil
and Revenue District Dhamtari (C.G.)
3. Dr. Najima Kaushar, D/o Shri Bashir Mohammad, Aged about 28
11
years, R/o Village Bilha Nipania, Thana Bilha, Civil and Revenue
District Bilaspur (C.G.)
4. Dr. Ramakant Ratre, S/o Shri Muniram Ratre, Aged about 32 years,
R/o Village Parsahi, Thana Akaltara, Civil and Revenue District
Janjgir-Champa (C.G.)
5. Dr. Nadeera Kaushar, D/o Shri Bashir Mohammad, Aged about 30
years, R/o Korba Road, Baloda, Thana Baloda, Civil and Revenue
District Janjgir-Champa (C.G.)
---- Petitioners
Versus
1. State of Chhattisgarh, Through the Director, Directorate of Health
Services, Chhattisgarh, Mantralaya Campus, Naya Raipur (C.G.)
2. Chief Medical and Health Officer, Korba, Distt. Korba (C.G.)
3. Chief Medical and Health Officer, Dhamtari, Distt. Dhamtari (C.G.)
4. Chief Medical and Health Officer, Bilaspur, Distt. Bilaspur (C.G.)
5. Chief Medical and Health Officer, Janjgir, Distt. Janjgir-Champa (C.G.)
6. Collector, Korba, Distt. Korba (C.G.)
7. Collector, Dhamtari, Distt. Dhamtari (C.G.)
8. Collector, Bilaspur, Distt. Bilaspur (C.G.)
9. Collector, Janjgir, Distt. Janjgir-Champa (C.G.)
---- Respondents
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For Petitioners: Mr. Abdul Wahab Khan, Advocate. For Respondents/State: Mr. R.N. Pusty, Govt. Advocate. For Council of Alternative Systems of Medicines: -
Mr. Anupam Sharma, Advocate, on behalf of Mr. Prateek Sharma, Advocate.
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Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 25/07/2018
1. Since this batch of writ petitions involves common question of law and fact, they are heard together and are being disposed of by this common order.
2. The petitioners are claiming to be registered doctors from the Institute 12 of Alternative System of Medicine Board and claiming to be practicing in Alternative Medicine. In the earlier round of writ petition, this Court by its order dated 19-2-2014 directed the Director, Health Services to take appropriate decision on the petitioners' application for registration / recognition as practitioner in Alternative Systems of Medicine. The Director, Health Services by its order dated 21-5-2014 referring to the order of the Central Government dated 25-11-2003 rejected the representation against which this batch of writ petitions have been filed.
3. Mr. Abdul Wahab Khan, learned counsel appearing for the petitioners, would submit that the petitioners are duly registered doctors from the Institute of Alternative System of Medicine Board and have Alternative Medicine degree and are entitled to practice in the Alternative System of Medicine by virtue of the orders passed by the High Court of Madhya Pradesh in W.P.No.4169/1998 (Arabinda Biswas and others v.
Commissioner, Bilaspur Division, Bilaspur and others), decided on 19- 3-1999, and W.P.No.431/2000 (Dr. T. Kanta Rao v. State of M.P. and others), decided on 5-5-2000.
4. Mr. R.N. Pusty, learned State counsel, would submit that a Standing Committee of Experts was constituted by the Central Government under the Chairmanship of Director General, Indian Council of Medical Research and the Members of the said Committee have considered the issue on the efficacy / merits of various streams of alternative medicine and also examined feasibility of making legislation as suggested by the Court. The said Committee developed essential and desirable criteria for grant of recognition to a new stream of medicine and analysed the different streams of 'Alternative medicine' viz., 13 Ayurveda, Siddha, Unani, Homeopathy, Yoga & Naturopathy, Electropathy / Electrohomeopathy, Acupuncture, Magnetotheraphy, Reiki, Reflexology, Urine Therapy / Autourine Therapy, Hypnotherapy, Aromatherapy, Colour Therapy, Pranic Healing, Gems & Stone Therapy and Music Therapy. Thereafter, the Committee did not recommend recognition to any of these alternative medicines except the already recognized traditional systems of medicines i.e. Ayurveda, Siddha, Unani, Homeopathy and Yoga & Naturopathy which were found to fulfill the essential and desirable criteria developed by the Committee for recognition of a system of medicine, which has been accepted by the Central Government and the order has been communicated by memo dated 25-11-2003. Therefore, the writ petitions deserve to be dismissed, as the order dated 25-11-2003 is not under challenge.
5. I have heard learned counsel for the parties and considered their rival submissions.
6. It is correct to say that the Government of India constituted a Standing Committee of Experts to consider and give its recommendations to the Government on the efficacy / merits of various forms of alternative medicine and also examine feasibility of making legislation. The Committee did not recommend recognition to any of the alternative medicines except the already recognized traditional systems of medicines i.e. Ayurveda, Siddha, Unani, Homeopathy and Yoga & Naturopathy which has been communicated by order dated 25-11- 2003. The operative portion of the order dated 25-11-2003 states as under: -
"The Committee did not recommend recognition to any of these alternative medicines except the already recognized 14 traditional systems of medicines viz: Ayurveda, Siddha, Unani, Homeopathy and Yoga & Naturopathy which were found to fulfill the essential & desirable criteria developed by the Committee for recognition of a system of medicine. The Committee has, however, recommended that certain practices as Acupuncture and Hypnotherapy which qualified as modes of therapy, could be allowed to be practiced by registered practitioners or appropriately trained personnel. The Committee further suggested that all those Systems of Medicine not recognized as separate Systems should not be allowed to continue full time Bachelor and Master's degree courses and the term "Doctor" should be used only by practitioners of Systems of Medicine recognized by the Government of India. Those considered as Mode of Therapy can be conducted as Certificate courses for registered medical practitioners to adopt these modes of therapy in their practice, whether modern medicine or Indian Systems of Medicine and Homeopathy."
7. The aforesaid report has been accepted by the Central Government which has also been stated in the said letter and which states as under: -
"After carefully examining the various recommendations of the Committee, the Government accepted these recommendations of the Committee. Accordingly, it is requested that the State/UT Govt. may give wide publicity to the decision of the Govt. They may also ensure that Institutions under the State/UT do not grant any degree / Diploma in the stream of medicine which have not been recommended for recognition and the term 'Doctor' is used by practitioners of recognized system of medicine."
8. In view of the order of the Central Government, the petitioners are not entitled for the relief claimed in the writ petitions in absence of challenge to the order dated 25-11-2003 and the Director, Health Services is justified in rejecting the representation filed by the petitioners. I do not find any merit in the writ petitions. The writ petitions deserve to be dismissed and are hereby dismissed. However, this will not bar the petitioners to proceed against the order dated 25-11-2003, in accordance with law. No order as to cost(s).
Sd/-
(Sanjay K. Agrawal) Judge Soma