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8. The case of the petitioners is that they studied three years Diploma Course in Electro Homeopathy / Electropathy and have been practising in the said system of medicine, viz., Electro homeopathy treatment and administering medicines to the poor and downtrodden patients. According to them, the MSME recognized them to practise so. The Government of India so far not established any council for recognising the Electro Homeopathy system of medicine in the country, so also the State Government. However, the Department of Health Research, Ministry of Health and Family Welfare, Government of India, vide the order dated 05.05.2010 made in No.V25011/26/2009-HR unequivocally held that there is no proposal to stop the persons like the petitioners from practising in electropathy or imparting education. Placing reliance on the judgments of the Hon'ble http://www.judis.nic.in  W.P.(MD)No.20217/2019, etc. batch Apex Court and various High Courts, the petitioners claim that the police personnel have been making frequent enquiries and inspections in their clinics without any authority, which causes serious prejudice in their practice and concern among their patients. Hence, they approached the fourth respondent seeking recognition, who, in turn, turned down their requests. Hence, they are before this Court laying challenge to the said action and for a consequential direction.

9. Refuting the prayer of the petitioners, the first respondent filed a counter-affidavit dated 04.12.2019, wherein, inter alia, it is stated that unlike Indian Medical Council Act, 1956, which governs modern system of medicine ; the homeopathy Central Council Act, 1973, which governs Homeopathic system of medicine ; and the Indian Medicine Central Council Act, 1970, which takes care of the four Indian systems of Medicine, such as, Ayurveda, Siddha, Sowa Rigpa and Unani, there is no act to recognise and regulate the new systems of medicine, which includes Electropathy / Electrohomeopathy. It is also stated that though Experts Committee was constituted in the year 1999 to consider and recommend the efficacy of other systems of alternative medicines, it did not recommend recognition to any of those alternative systems of medicine. It also suggested not to allow http://www.judis.nic.in  W.P.(MD)No.20217/2019, etc. batch full time bachelor and master's degree courses and based on the recommendations of the Committee, the Government issued order dated 25.11.2003 in No.R 14015/25/96 U & H(R)(Pt.), directing the State/Union Territories to ensure that institutions under them do not grant any degree / diploma in such stream of medicine. The first respondent also unambiguously claimed that in the order dated 05.05.2010 they had not given permission for practice or imparting education in Electropathy, but only stated that there was no proposal to stop the petitioners therein from practising, if the same was done in terms of the order dated 25.11.2003.

15. A perusal of the above order of the first respondent makes it crystal clear that there is no proposal to stop the practice of the petitioners in electropathy, if the same is in tune with the order dated 25.11.2003. The said order dated 25.11.2003 clearly states that the first respondent did not recognize Electropathy/Electrohomeopathy and requested the State/Union Territories Governments to ensure that institutions under them 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.

http://www.judis.nic.in  W.P.(MD)No.20217/2019, etc. batch “6. At that out set, it is required to be stated that electropathy system which is sought to be espoused by the petitioner-society is not recognised in India nor is it a part of homeopathy system of medicines recognised in India as is conveyed by misleading name "electrohomeopathy." In fact, no Government/University/Authority has recognised the petitioner- society as medical institution entitled to confer degree and diploma or certificate in electropathy or electrohomeopathy. The degrees, diplomas, certificates etc. conferred by the petitioner/ colleges affiliated to it are not recognised in law and would not permit the students to practice as medical practitioners. We may also mention that electropathy is not recognised as a system of medicine in any part of the world including in Italy, where it is alleged to have been discovered in 1865 as is sought to be made out by the petitioner.