Punjab-Haryana High Court
Gurwinder Kaur vs State Of Punjab And Others on 19 May, 2011
Author: Mehinder Singh Sullar
Bench: Mehinder Singh Sullar
Civil Writ Petition No.8931 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.8931 of 2011
Date of Decision:19.05.2011
Gurwinder Kaur ......Petitioner
Versus
State of Punjab and others .....Respondents
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.
Present: Mr.Ishwar Lal, Advocate,
for the petitioner.
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MEHINDER SINGH SULLAR, J.(oral) Concisely, the facts, which need a necessary mention for the limited purpose of deciding the sole controversy, involved in the instant writ petition and emanating from the record, are that Naturo Electro Homeopathy Medicos of India (for brevity "the NEHM") is a society registered under the provisions of Societies Registration Act, 1860. Petitioner-Gurwinder Kaur claimed that she has studied and completed the Certification Course in Electropathy/Electro Homeopathy from the said society. The said Certification Course was not recognized by the respondents and she was not allowed to practice in Electropathy/Electro Homeopathy by the respondents.
2. Aggrieved by the action of the respondents, the petitioner filed the Civil Writ Petition bearing No.21080 of 2010, which came to be disposed of and the respondents were directed to consider and dispose of her claim within a period of three months, by virtue of order dated 17.01.2011(Annexure P-1).
3. In view thereof, the claim of the petitioner was negatived by high level meeting of the Department of Health & Family Welfare, Punjab, by way of impugned order dated 18.04.2011(Annexure P-3).
Civil Writ Petition No.8931 of 2011 2
4. The petitioner still did not feel satisfied and preferred the present writ petition, challenging the impugned order(Annexure P-3), invoking the provisions of Articles 226/227 of the Constitution of India.
5. After hearing the learned counsel for the petitioner, going through the record with his valuable assistance and after considering the entire matter deeply, to my mind, there is no merit in the instant writ petition in this respect.
6. As is evident from the record that, in pursuance of the order of this Court(Annexure P-1), the high level meeting of the Department of Health & Family Welfare, Punjab, considered and negatived the claim of the petitioner, in view of the guidelines of Government of India, Ministry of Health & Family Welfare dated 25.11.2003, by means of impugned order/proceedings(Annexure P-
3), the operative part of which is, as under:-
"The orders issued by the Government of India vide No.14105/25/96-U&H (R) (Pt.) dated 25th November 2003 and No.V.25011/276/2009-HR, dated 5.5.2010 fully covoer the two contentions raised by her as under:-
(a) As mentioned in the Government of India order No.V.25011/276/2009-
HR, dated 5th May, 2010 (as reproduced in para 4 above), since 'electropathy' is not recognized as a system of medicine, there is no system for recognition of any such course in the Health Ministry of the Government of India.
(b) As mentioned in the Government of India order No.14105/25/96-U&H (R)(Pt.), dated 25th November, 2003, (as reproduced in para 5 above), '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'. Since the applicant/petitioner is not a "Registered Medical Practitioner", she does not fulfill the condition of practice in Electro Homeopathy/Electropathy."
7. As per instructions/guidelines of Government of India, Ministry of Health & Family Welfare dated 25.11.2003, Electropathy is not recognized as a system of medicine. There is no system for recognition of any such course in the Health Ministry of the Government of India. Since, the petitioner does not fulfill Civil Writ Petition No.8931 of 2011 3 the essential conditions to practice in the medicines, as a mode of therapy, so, she cannot legally be permitted to practice to endanger the lives of human beings.
8. Meaning thereby, high level meeting of the Department of Health & Family Welfare, Punjab, has recorded the valid reasons in the impugned order (Annexure P-3). Such order, containing the valid reasons, cannot legally be set aside, in exercise of writ jurisdiction of this Court, unless the same is perverse and without jurisdiction. As, no such patent illegality or legal infirmity has been pointed out by the learned counsel for the petitioner, therefore the impugned order (Annexure P-3) deserves to be and is hereby maintained in the obtaining circumstances of the case.
9. In the light of aforesaid reasons, as there is no merit, therefore, the instant writ petition is hereby dismissed as such.
May 19, 2011 (MEHINDER SINGH SULLAR) seema JUDGE