Kerala High Court
Sreedevi S.Nair vs State Of Kerala on 18 February, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2026:KER:14752
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
WP(C) NO. 37288 OF 2018
PETITIONERS:
1 SR. MARY N.J.,
AGED 57 YEARS
D/O JOSEPH,
NAZARETH NATURE CURE CENTRE,
KUNNOTH, KILIYANTHARA P O,
KANNUR DIST, PIN-670706.
2 SR.LISSY P.J.,
AGED 48 YEARS
D/O.JOHN,
NAZARETH NATURE CURE CENTRE,
KUNNOTH, KILIYANTHARA P.O.,
KANNUR DISTRICT, PIN- 670 706.
3 SR.MAYA THOMAS,
AGED 43 YEARS
D/O.THOMAS,
NAZARETH NATURE CURE CENTRE,
KUNNOTH, KILIYANTHARA P.O.,
KANNUR DISTRICT, PIN- 670 706.
4 K.V.BHARATHAN,
AGED 76 YEARS
S/O.RAMUTTY,
MADHUKUNJ HOUSE, MUNDALUR P.O.,
KANNUR DISTRICT, PIN- 670 622.
5 JAYAKUMAR.K.S.,
AGED 39 YEARS
S/O.K.T.SREEDHARAN,
SREENILAYAM (SURYA JYOTHI),
KATTUKULAM P.O,
PALAKKAD DISTRICT, PIN- 679514.
6 IMBICHI MAMMAD MUTHUVATTYSSERY,
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AGED 74 YEARS
S/O.AMMADKUTTY AAYI,
MUTHUVATTYSSERY HOUSE,
ELETTIL EAST, ELETTIL P.O.,
KODUVALLI, KOZHIKODE, PIN- 673 572.
7 E.P.SUJATHA,
AGED 39 YEARS
W/O.VINODKUMAR,
CHERUKANDIYIL HOUSE,
CHATHAMANGALAM P.O., KOZHIKODE, PIN- 673 601.
8 SAJEEVKUMAR.K.,
AGED 47 YEARS
S/O.P.K.KRISHNAN, KAVIL HOUSE, KINNASERY P.O.,
PALAKKAD, PIN- 678 701.
9 MATHEW ANDREWS,
AGED 49 YEARS
S/O.ANDREWS,
PULLUKALAYIL HOUSE, NAMPULLIPURA P.O.,
MUNDOOR, PALAKKAD- 678592.
BY ADVS.
SRI.A.T.ANILKUMAR
SMT.V.SHYLAJA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM- 695001.
3 SECRETARY TO THE GOVERNMENT (THE INDIAN SYSTEM OF
MEDICINE),
MINISTRY FOR AYUSH, HEALTH AND SOCIAL JUSTICE,
THIRUVANANTHAPURAM- 695 001.
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& 11452 of 2019
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4 THE DIRECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM- 695 001.
BY ADV. SREEJITH V.S.,
SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.02.2026, ALONG WITH WP(C).11452/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
WP(C) NO. 11452 OF 2019
PETITIONERS:
1 SREEDEVI S.NAIR
AGED 56 YEARS
W/O. V.K. AJITHKUMAR,
V.P. VIII/1279, VAYALIKKADA, V
ATTIYURKAVU P.O, THIRUVANANTHAPURAM-13.
2 HASEENA SHAMEEM
AGED 37 YEARS
W/O DR. SHAMEEM MOHAMMED,
ALHAMAD HOUSE, PERINGOTTUKARA.P.O,
THRISSUR DISTRICT - 680565
3 ANSAR.A.S
AGED 29 YEARS
S/O ABDUL KHADER KUNJU.M,
SPRINGVILLA, MANNANCHERY,
ALAPPUZHA - 688 538
4 ANSIF.A.S
AGED 27 YEARS
S/O ABDUL KHADER KUNJU.M,
SPRINGVILLA, MANNANCHERY,
ALAPPUZHA - 688 538
5 AHAMMEDKUTTY.E
AGED 52 YEARS
S/O MOIDEEN,
EDAKKATU HOUSE, KOOLIMAD,
PAZHOOR.P.O, PIN-673661, KOZHIKODE DT.
6 RAMESH.B
AGED 45 YEARS
S/O P.G.BALAN NELLISSERY KALAM HOUSE,
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THACHANKADU.P.O, MATHUR-678571
7 PRASAD.T.R
AGED 37 YEARS
S/O.T.R.MUKUNDAN,
THENGILREYAROTH HOUSE,
ERUVESSI.P.O, KANNUR-670632.
8 PRASANNAKUMAR.A
AGED 39 YEARS
S/O APPUKUTTAN NAIR,
CHEMPAKAMPARAMBIL AYIROOPPARA,
POTHENCODE.P.O, THIRUVANANTHAPURAM-695584
9 PARAMESWARAN.P.S
AGED 68 YEARS
S/O SUBRAMANIAN,
PALLIPRAYIL HOUSE, MADATHUMPADI.P.O,
THRISSUR DT-680733
0 ANILAKUMARI.K.S
AGED 48 YEARS
W/O SANATHANAN,
KOYIKKATHARA HOUSE,
P.S.KADAVU SOUTH, KUTHIYATHODU.P.O,
ALAPPUZHA-688533
BY ADVS.
SRI.A.T.ANILKUMAR
SMT.V.SHYLAJA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE SECRETARY TO THE GOVERNMENT
MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM-695 001
3 SECRETARY TO THE GOVERNMENT (THE INDIAN SYSTEM OF
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MEDICINE)
MINISTRY FOR AYUSH, HEALTH AND SOCIAL JUSTICE,
THIRUVANANTHAPURAM-695 001
4 THE DIRECTOR GENERAL OF POLICE
THIRUVANANTHAPURAM-695 001
BY ADV. AMMINIKUTTY K.,
SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.02.2026, ALONG WITH WP(C).37288/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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& 11452 of 2019
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BECHU KURIAN THOMAS, J.
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W.P(C) Nos.37288 of 2018 & 11452 of 2019
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Dated this the 18th day of February, 2026
COMMON JUDGMENT
Petitioners seek for a direction to the respondents to refrain from interfering in any manner with the practice of Naturopathy and Yoga Therapy by them not to harass them in their practice of the said discipline. A further direction is sought to take steps to provide Class B registration to the petitioners.
2. Petitioners claim that they are qualified hands, entitled to practice Naturopathy and Yoga, which are Alternative Systems of Medicine. Petitioners claim to have qualified in Naturopathy and Yoga Therapy from the Akhil Bharatiya Prakritik Chikitsa Parishad, which is stated to be a Government controlled association. Petitioners also claim that they have considerable experience in the practice of the specialised fields of Naturopathy and Yoga. Some of the petitioners claim that they have obtained Diploma in Naturopathy and Yoga Therapy from the Department of Adult and Continuing Education of MG University. According to the petitioners, despite all the qualifications obtained by them, they have been denied registration to practice Naturopathy and Yoga, and as per Exhibit P17 Government Order dated 28.02.2011, they are entitled to obtain provisional B class registration which has been denied to them.
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3. Though no counter affidavit has been filed, the learned Government Pleader submitted that the issue raised for consideration is regarding the correctness of the various Government Orders permitting registration of Ayurveda and Yoga practitioners who had obtained certificates from MG University as well as Diploma from Akhil Bharatiya Prakritik Chikitsa Parishad, New Delhi. The learned Government Pleader further pointed out that the said issue has already been the subject matter of a decision by Division Bench of this Court in Central Council of Indian Medicine and Others v. State of Kerala and Others [2020 KHC 759]. It was pointed out that the Government Orders were found to be not legally valid.
4. I have heard Smt. V. Shylaja, the learned counsel for the petitioners, as well as Smt. Amminikutty K., and Sri. Sreejith V. S., the learned Senior Government Pleaders.
5. On a perusal of the decision in Central Council of Indian Medicine (Supra), it is noticed that the Division Bench of this Court had held that the Government orders issued by the State, providing registration to unqualified practitioners of Naturopathy and other Alternative Medicines were in conflict with the provisions of the Central Act, 1970, orders of the Government of India apart from the guidelines specified therein, and was therefore, declared as unconstitutional. It was further declared that the Orders issued by the State Government exempting registration for unqualified Naturopaths and other 2026:KER:14752 W.P(C) Nos.37288 of 2018 & 11452 of 2019 -: 9:- Alternative Medicines are without authority and were quashed. While arriving at the above said conclusion, the Division Bench had observed that the guidelines framed by the Government of India were not followed by the State, and instead it framed its own guidelines, assuming that it had the power to frame guidelines of its own. It was held that the State Government did not have the power to frame such guidelines and also did not have any enabling power to issue an order directing registration of the name of an unqualified practitioner in class 'A' or 'B' register.
6. While dealing with the issue relating to Naturopathic and Yoga Practitioners, the Division Bench referred to the communication of the National Institute of Naturopathy that the Government of India had recognized the medical registration and appointments of only N.D (Hyderabad) and BNYS degree (Bachelor of Naturopathy and Yoga Sciences) as the required qualification of Naturopathy, and all other courses, offering certificates of diploma were unrecognised and unauthentic. Specific reference was made in paragraph 35 of the decision in Central Council of Indian Medicine (Supra) that registration of unqualified practitioners and certificate holders from Akhil Bharathiya Prakriti Chikitsa Parishad, New Delhi, from where the petitioners also claim to have obtained certificate of Naturopathy, were invalid.
7. In the concluding paragraph of the judgment in Central Council of Indian Medicine (Supra), it has been observed that the 2026:KER:14752 W.P(C) Nos.37288 of 2018 & 11452 of 2019 -: 10:- State Government Orders issued exempting registration for unqualified Ayurveda Practitioners as well as Naturopaths and other Alternative Medicines are all quashed, and the first proviso to section 38 of the Travancore-Cochin Medical Practitioners Act, 1953, was declared unconstitutional.
8. The above conclusion and findings in the judgment are binding on this Court. In view of the above, the prayer of the petitioners for registration as B class practitioners of Naturopathy and Yoga Therapy cannot be sustained. The respondents are therefore not entitled to practice Naturopathy and Yoga Therapy.
In view of the above, there is no merit in the claim raised by the petitioners and hence, these writ petitions are dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE jka/18.02.26.
2026:KER:14752 W.P(C) Nos.37288 of 2018 & 11452 of 2019 -: 11:- APPENDIX OF WP(C) NO. 37288 OF 2018 PETITIONERS' EXHIBITS EXHIBIT P1 TRUE COPY OF THE DIPLOMA IN NATUROPATHY CERTIFICATE OF THE 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE DNYT CERTIFICATE ISSUED TO THE 1ST PETITIONER.
EXHIBIT P3 TRUE COPY OF THE DNYS CERTIFICATE ISSUED TO THE 2ND PETITIONER.
EXHIBIT P4 TRUE COPY OF THE DNYT CERTIFICATE ISSUED TO THE 2ND PETITIONER.
EXHIBIT P5 TRUE COPY OF THE DNYS CERTIFICATE ISSUED TO THE 3RD PETITIONER.
EXHIBIT P6 TRUE COPY OF THE DNYT CERTIFICATE TO THE 3RD PETITIONER.
EXHIBIT P7 THE TRUE COPY OF THE DIPLOMA IN NATUROPATHY CERTIFICATE TO THE 4TH PETITIONER.
EXHIBIT P8 THE TRUE COPY OF THE POST GRADUATE DIPLOMA CERTIFICATE IN NATUROPATHY AND YOGA TO THE 4TH PETITIONER.
EXHIBIT P9 THE TRUE COPY OF THE DNYS CERTIFICATE ISSUED TO THE 5TH PETITIONER.
EXHIBIT P10 THE TRUE COPY OF THE DNYT CERTIFICATE TO THE 5TH PETITIONER.
EXHIBIT P11 TRUE COPY OF THE DNYS CERTIFICATE ISSUED TO THE 6TH PETITIONER.
EXHIBIT P12 TRUE COPY OF THE DNYS CERTIFICATE ISSUED TO THE 7TH PETITIONER.
EXHIBIT P13 TRUE COPY OF THE DNYS CERTIFICATE ISSUED TO THE 8TH PETITIONER.
EXHIBIT P14 TRUE COPY OF THE DNYS CERTIFICATE ISSUED TO THE 9TH PETITIONER.
EXHIBIT P15 TRUE COPY OF THE ORDER NO.R15016/5/2004- Y&N DATED 04.09.2006 ALONG WITH RELEVANT 2026:KER:14752 W.P(C) Nos.37288 of 2018 & 11452 of 2019 -: 12:- PAGES OF THE GUIDELINE OF THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE.
EXHIBIT P16 TRUE COPY OF THE ORDER
GO(P)NO.116/2010/H&FWD DATED 17.03.2010
OF THE 2ND RESPONDENT.
EXHIBIT P17 TRUE COPY OF THE ORDER
NO.GO(P)146/2011H&FWD DATED 28.02.2011 OF THE 2ND RESPONDENT.
EXHIBIT P18 TRUE COPY OF THE JUDGMENT IN WP(C) 19484 OF 2008 DATED 17.12.2008 OF THIS HONOURABLE COURT.
EXHIBIT P19 TRUE COPY OF THE INTERIM ORDER IN WP(C)NO.25808/2016.
EXHIBIT P20 TRUE COPY OF THE INTERIM ORDER IN WP(C)NO.37368/2017.
EXHIBIT P21 TRUE COPY OF THE JUDGMENT IN CRL.M.C.NO.3010/2013.
2026:KER:14752 W.P(C) Nos.37288 of 2018 & 11452 of 2019 -: 13:- APPENDIX OF WP(C) NO. 11452 OF 2019 PETITIONERS' EXHIBITS EXHIBIT P1 TRUE COPY OF THE DNYS CERTIFICATE ISSUED TO THE IST PETITIONER EXHIBIT P2 TRUE COPY OF THE DNYS CERTIFICATE ISSUED TO THE 2ND PETITIONER EXHIBIT P3 TRUE COPY OF THE CERTIFICATE FOR NATURO-
THERAPIST-II BY NCVT TO THE 2ND PETITIONER EXHIBIT P4 TRUE COPY OF THE DNYS CERTIFICATE TO THE 3RD PETITIONER EXHIBIT P5 TRUE COPY OF THE DNYS CERTIFICATE ISSUED TO THE 4TH PETITIONER EXHIBIT P6 TRUE COPY OF THE DNYS CERTIFICATE TO THE 5TH PETITIONER EXHIBIT P7 TRUE COPY OF THE DNYS CERTIFICATE OF THE 6TH PETITIONER EXHIBIT P8 THE TRUE COPY OF THE POST GRADUATE DIPLOMA CERTIFICATE ISSUED TO THE 6TH PETITIONER EXHIBIT P9 THE TRUE COPY OF THE DNYS CERTIFICATE ISSUED TO THE 7TH PETITIONER EXHIBIT P10 THE TRUE COPY OF POST GRADUATE DIMPLOMA CERTIFICATE ISSUED TO THE 7TH PETITIONER EXHIBIT P11 THE TRUE COPY DNYS CERTIFICATE ISSUED TO THE 8TH PETITIONER EXHIBIT P12 TRUE COPY OF THE DNYS CERTIFICATE ISSUED TO THE 9TH PETITIONER EXHIBIT P13 TRUE COPY OF THE YOGA THERAPIST CERTIFICATE ISSUED TO THE 9TH PETITIONER EXHIBIT P14 TRUE COPY OF THE DNYS CERTIFICATE ISSUED TO THE 10TH PETITIONER EXHIBIT P15 TRUE COPY OF THE ORDER NO.
R15016/5/2004-Y & N DATED 04/09/2006 2026:KER:14752 W.P(C) Nos.37288 of 2018 & 11452 of 2019 -: 14:- ALONG WITH RELEVANT PAGES OF THE GUIDLINE OF THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE EXHIBIT P16 TRUE COPY OF THE ORDER GO(P)116/2010/H&FWD DATED 17/3/2010 OF THE 2ND RESPONDENT EXHIBIT P17 TRUE COPY OF THE ORDER NO.
GO(P)146/2011/H&FWD DATED 28/2/11 OF THE 2ND RESPONDENT EXHIBIT P18 TRUE COPY OF THE JUDGMENT IN WP(C) 19484 OF 2008 DATED 17/12/2008 OF THIS HONOURABLE COURT EXHIBIT P19 TRUE COPY OF THE INTERIM ORDER IN W.P(C) NO.25808/2016 EXHIBIT P20 TRUE COPY OF THE INTERIM ORDER IN W.P(C).NO.37368/2017 EXHIBIT P21 TRUE COPY OF THE JUDGMENT IN CRL.M.C3010/2013 EXHIBIT P22 TRUE COPY OF THE INTERIM ORDER IN W.P(C).NO.19886/2018