Kerala High Court
Muhammed Rafeek.K vs The Registrar, Travancore Cochin ... on 4 March, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
W.P.(C) No.14790 of 2021
2026:KER:19279
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 4TH DAY OF MARCH 2026 / 13TH PHALGUNA, 1947
WP(C) NO. 14790 OF 2021
PETITIONER:
MUHAMMED RAFEEK.K
AGED 42 YEARS
S/O.ABDUL RAHIMAN, INDIAN ACUPUNCTURE ACADEMY, D NO.111/14,
PERUMPUZHA ROAD, VENNIYOOR (PO), TIRURANGADI VILLAGE AND TALUK,
MALAPPURAM DISTRICT. PIN 676 508
BY ADVS.
SRI.MUHAMMED SHEMEEM
SMT.NASEEHA BEEGUM P.S.
RESPONDENTS:
1 *THE REGISTRAR, TRAVANCORE COCHIN MEDICAL COUNCIL FOR INDIAN
SYSTEM OF MEDICINE
RED CROSS ROAD, THIRUVANANTHAPURAM PIN 695 035
*CORRECTED AS THE REGISTRAR, THE KERALA STATE MEDICAL COUNCIL-
INDIAN SYSTEM OF MEDICINE, RED CROSS ROAD THIRUVANANTHAPURAM
PIN 695 035 (IS SUO MOTU CORRECTED AS PER THE ORDER DATED
04.03.2026)
2 STATE OF KERALA
REP.BY SECRETARY, HEAL AND FAMILY DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM PIN 695 601
SRI. MANU GOVIND, FOR R1
SRI.SREEJITH V.S. - SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.14790 of 2021
2026:KER:19279
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BECHU KURIAN THOMAS, J
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W.P.(C) No.14790 of 2021
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Dated this the 4th day of March, 2026
JUDGMENT
Petitioner has sought for the following main reliefs:
"(i) To issue a writ of certiorari or any other appropriate writ, order, or direction calling for the records relating to Ext-P6 order/communication 01.07.2021, D/16244/2018/MC/ISM issued by the 1st respondent and quash the same as illegal, improper, arbitrary, and unconstitutional. dated
(ii) To issue a writ of mandamus or any other appropriate writ, order, or directions commanding the 1st respondent to refrain from all modes of disruption to preach and practice acupuncture by the petitioner.
(iii) Declare the petitioner is entitled to preach, train and practice Acupuncture as an alternative therapy/treatment."
2. Petitioner claims to be a qualified Acupuncturist, who is running an Acupuncture Centre under the name 'Indian Acupuncture Academy'.
3. By Ext.P6 communication dated 01.07.2021, petitioner was directed not to conduct any Acupuncture treatment at its establishment.
4. According to the petitioner, he is qualified and skilled W.P.(C) No.14790 of 2021 2026:KER:19279 3 in Naturaopathy and Yoga and has also obtained a Masters Diploma in Acupuncture therapy, issued by Bharat Sevak Samaj, as evident from Ext.P1. Petitioner further contends that Acupuncture being an alternative form of medicine, the certificate obtained by him from Bharat Sevak Samaj as well as his experience for the last several years entitles him to practice the said alternative system of medicine.
5. The learned Standing Counsel for the 1st respondent as well as the learned Government Pleader, on the other hand, submitted that the issue raised by the petitioner has already been decided by a Division Bench of this Court in the decision in Central Council of Indian Medicine and Others v. State of Kerala and Ohers (2020 KHC 759).
6. Having heard the respective counsel, I am of the view that, in the light of the decision in Central Council of Indian Medicine and Others, the unqualified practitioners of Naturopathy and other alternative system of medicine cannot continue their practice, after coming into force of the Central Act of 1970 as well as the guidelines issued thereunder. In the said judgment, after noticing that the alternative system of medicine being practiced by various persons, either based on W.P.(C) No.14790 of 2021 2026:KER:19279 4 Government orders or otherwise were all unconstitutional and that even the orders issued by the State Government framing certain guidelines for such practices were contrary to law. The Court further ruled that all courses offering certificates or diplomas were unrecognized and unauthentic, and that practitioners of alternative medicine were not entitled to practice, based on such diplomas or certificates.
Petitioner's claim to be entitled to practice Acupuncture on the basis of Ext.P1 certificate cannot be stated to be a qualified or recognised practice under law. Hence, the impugned communication Ext.P6, does not warrant any interference.
Accordingly, this writ petition is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE SMF W.P.(C) No.14790 of 2021 2026:KER:19279 5 APPENDIX OF WP(C) NO. 14790 OF 2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE DATED 10.5.2013, DIPLOMA IN ACUPUNCTURE THERAPY, ISSUED BY CHAIRMAN, BOARD OF EXAMINATION BHARAT SEVAK SAMAJ.
Exhibit P2 A TRUE COPY OF THE CERTIFICATE DATED 10.7.2014, MASTER DIPLOMA IN ACUPUNCTURE THERAPY, ISSUED BY CHAIRMAN, BOARD OF EXAMINATION BHARAT SEVAK SAMAJ.
Exhibit P3 A TRUE COPY OF THE VOCATIONAL SKILL CERTIFICATE DATED 5.11.2020, NO.ET/05/11/2020/08, ISSUED BY TRAINING PARTNER TRAVANCORE RESEARCH INSTITUTE OF NATUROPATHY AND YOGA, UNDER THE NULM SCHEME OF HEALTHCARE SECTOR SKILL COUNCIL Exhibit P4 A TRUE COPY OF THE NATIONAL CERTIFICATE IN MODULAR EMPLOYMENT SKILLS DATED 2.5.2017 UNDER THE MODULE OF NATUROTHERAPIST-II, ISSUED BY REGIONAL DIRECTOR, NATIONAL COUNCIL FOR VOCATIONAL TRAINING, MINISTRY OF SKILL DEVELOPMENT AND ENTREPRENEURSHIP, GOVERNMENT OF INDIA.
Exhibit P5 A TRUE COPY OF THE CERTIFICATE, DATED 31.5.2018, FOR THE MODULE OF YOGA, ISSUED BY THE DIRECTOR, NATIONAL COUNCIL FOR VOCATIONAL TRAINING, MINISTRY OF SKILL DEVELOPMENT AND ENTREPRENEURSHIP, GOVERNMENT OF INDIA. Exhibit P6 A TRUE COPY OF THE ORDER/COMMUNICATION, DATED 1/7/2021, NO.D/16244/2018/MC/ISM ISSUED BY THE 1ST RESPONDENT