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The learned counsel for the petitioner placed further reliance on a decision of the Delhi High Court in CWP No. 4015 of 1996 titled Wing Commander (Retd.) H.M. Sethi -Vrs.- Ministry of Human Resources wherein the right to practise Electro-homeopathy/ Electropathy was raised. In the said writ petition, Delhi High Court on 18.11.1998 issued various directions including a direction to the Central/State Governments to consider making legislation prescribing grant of licence to the existing and new institutes conducing course in Electropathy and other alternative systems of medicines. It also directed that the private respondents before the said Court and such like institutes shall not award any degree in the courses conducted by them. The said Division Bench of Delhi High Court has held that in terms of Section 22 of the University Grants Commission Act, 1956, no educational institute in the country, except the University as defined in the said Act, is entitled to award degrees. Therefore, it was held that it is not permissible to award degrees by any of the private respondents in the writ petitions. The Special Leave Petition against the said order was dismissed.

"22. In view of the decision of the Constitutional Bench of Supreme Court in Khoday Distilleries Ltd. and Ors.-Vrs.- State of Karnataka and Ors. reported in (1995) 1 Supreme Court 574, the restriction or prohibition as contemplated by clause (6) of Article 19(1)(g) can be placed by a subordinate legislation as well. Therefore, the decision of the Central Government in the absence of any other statute would be a decision taken by the executive in exercise of the executive power of the State. It may be noticed that a Division Bench of Delhi High Court has directed the Central/State Government to consider the legislation permitting practise in Electropathy system of medicine. The executive order dated 25.10.2003 was passed in compliance of the said directions. The Central Government was considering the fact whether any legislation is to be enacted in respect of Electropathy system of medicine. The Central Government came to the conclusion that legislation is not required. The said decision of the Central Government whether to legislate or not is, in fact, an order in exercise of executive power of the State contemplated under Article 73 of the Constitution of India. In view of the aforesaid discussion, none of the judgments referred to by the learned Counsel for the petitioners are applicable to the facts of the present case for the proposition that prohibition to practise alternative system of medicine could be only by a law enacted by the Parliament or the State Legislature. Such proposition is not supported either by statutory provisions or by the precedents referred to above."

In the case of Shri Vidyasagar Educational and Cultural Society -Vrs.- The Union of India and Ors. passed in Writ Petition No. 6975 of 2014 decided on 10.08.2016 where the impugned communication dated 27th June, 2014 issued by Respondent No. 4 rejecting the proposal sent by the petitioner seeking permission to start Electrohomeopathy diploma course was challenged with direction to the Respondents to allow the petitioner to conduct the course of Electropathy, Electrohomeopathy, a Division Bench of Bombay High Court (Aurangabad Bench) held as follows:-

14. In the light of discussion in the foregoing paragraphs, we are of the considered view that the prayer of the petitioner to allow the petitioner to conduct the course of Electropathy and Electro-homeopathy cannot be considered. Merely because the affidavit-in-reply filed by the Union of India before the Hon'ble the Supreme Court in S.L.P. (C) No. 23572 of 2009 (G.G.S. Med. Inst. of & Hosp. of Elect. & Anr. Vs. Union of India and others) complains that there is no ban on the medical Practice of Electro Homeopathy, it cannot be a ground to entertain the prayer of the petitioner to allow the petitioner to conduct the course of electropathy/Electro-homeopathy. There are elaborate reasons given by the Division Bench of Allahabad High Court in the case of Indian Electro Homeopathy Medical Council and another (supra). We do not see any reason to take a different view than that has been taken by the Division Bench of Allahabad High Court."