✦ Gauhati High Court · 20 Sep 2023

CLASSICAL HOMEO MEDICAL PRACTITIONERS FEDERATION v. THE REGISTRAR, BOARD OF HOMOEOPATHIC SYSTEM OF MEDICIN

Case at a glance

Outcome

Dismissed

writ petitions are dismissed

Key paragraphs

  • Para 2424. In the present case, it is seen that all the petitioners were registered by the then Registrar of the Board of Homeopathic System of Medicines, Nagaland. However, despite their registration, when the matter was forwarded before the CCH, some discrepancies were noticed and, accordingly…
  • Para 3030. In view of the discussions made here-in-above, I find no reason to interfere with the public notice dated 10.08.2016 and, accordingly, all the writ petitions are dismissed. However, there shall be no order as to costs. Sd/- JUDGE Comparing Assistant

Judgment

24: DR. ANUSRI SAHA(GHOSH) D/O AVOY GHOSH 152A G.T. ROAD MANIKTALA SERAMPUR HOOGHLY 25: DR. SUCHITA DEB D/O N.S. BANERJEE 26G GARIAHAT ROAD KOLKATA 26: DR.ASHIM HALDER S/O ANIL CHANDRA HALDER GOBAR DANGA ROAD POST - HABRA DIST- N.24 PGS. 27: DR.TAPAN KUMAR BISWAS Page No.# 10/49 S/O RAM KRISHNA BISWAS CHHINA MORE DIST - HOOGHLY 28: DR. BARUN KUMAR SARKAR S/O NANDALAL SARKAR 55 BACHASPATI PARA ROAD DAKSHINESWAR KOLKATA 29: DR. LIPIKA SAHA D/O HARIPADA GHOSH 54/7 G.T. ROAD POST BELURMATH DIST- HOWRAH 30: DR. SACHINDRA KUMAR NAYAK S/O P.G NAYAK F13 RABINDRA ABASAN POST - HARIDEVPUR KOLKATA 31: DR. GOURANGA ACHARYA S/O GANESH ACHARYA RAMAKRISHNA NAGAR(SUBHASH PALLY) POST - NATAGARH SODEPUR DIST - N.24 PGS. 32: DR. NOOR MAHIUDDIN RAJA S/O ABDUL HOSSAIN Page No.# 11/49 Q 280 MUDIALI ROAD GARDENRICH KOLKATA 33: DR. TAPAS KUMAR CHAKRABORTY S/O RADHESHYAM CHAKRABORTY 26/1/1 KANTADANGA ROAD FINGAPARA N. 24 PGS. 34: DR.RANJAN ROY S/O RABINDRA NATH ROY 31/8 RAMCHAND MUKHERJEE LANE KOLKATA 35: DR. JAYANTA DAS S/O KARTICK CHANDRA DAS FARIDPUR PALLY POST - BIRATI KOLKATA 36: DR.PARTHA SARATHI GHOSH S/O NETAI CHANDRA GHOSH BELGHARIA BADU BARASAT KOLKATA 37: DR. TOPESH CHATTERJEE S/O RAMESH ADHIKARY VILLAGE - MOHISPOTA POST - NATAGARH N.24 PGS. KOLKATA Page No.# 12/49 38: DR. TANMOY MONDAL S/O KALIPADA MONDAL NISCHINDA 1225 DESHBANDHU SARANI POST - GHOSHPARA BALLY HOWRAH 39: DR. KALI NATH MUKHOPADHYAY S/O SATINDRA MUKHERJEE WEST DURGANAGAR JANAPATH KOLKATA 40: DR. ALOK KUMAR BALLAV S/O RABINDRANATH BALLAV 588C P.K. GUHA ROAD DUM DUM KOLKATA 41: DR. TAPAN KUMAR MONDAL S/O O.B.M. MONDAL 5B FAKIR HALDER LANE POST - KALI GHAT KOLKATA 42: DR. ANUP CHATTOPADHYAY S/O K. CHATTOPADHYAY 71/A BISESWAR BANERJEE LANE HOWRAH 43: DR. SURJA BANERJEE S/O KALI BANERJEE Page No.# 13/49 432 CRIPER ROAD KONNAGAR HOOGHLY 44: DR. BISWANATH MODAK S/O TARAPADA MODAK 240/C CHJANDER VILLAGE ROAD POST - HARIDEVPUR KOLKATA 45: DR. TARAK MAJUMDER S/O KIRAN MAJUMDER 2 NO.DURGA NAGAR POST - MADERAL DIST - N.24 PGS. 46: DR. RAMPADA SAMANTA S/O DHARANI SAMANTA BANKRA DHARANI PALLY POST - BANKRA HOWRAH 47: DR. SAMBHU CHARAN BAG S/O GOPAL CHANDRA BAG STERLING HOSPITAL BHUPEN BOSE AVENUE 6TH FLOOR KOLAKATA 48: DR. ASHOK KUMAR MUKHOPADHYAY S/O B. MUKHOPADHYAY 1 NO.JHILPARK J.C. KHAN ROAD POST - MANKUNDU HOOGHLY 49: DR. MRINAL KANTI DAS S/O CHITTARANJAN DAS CHAITANYA NAGAR KUTULSAHI ROAD POST - BARASAT Page No.# 14/49 DIST - N. 24 PGS KOLKATA 50: DR. AMERANDRA NATH SARKAR S/O ANIL CHANDRA SARKAR VIJOY GARH JADAVPUR KOLKATA 51: DR. SOUMITRA CHAKRABORTY S/O RAMENDRA NATH CHAKRABORTY 50A B.B. CHATTERJEE ROAD KOLKATA 52: DR. PURANJOY MONDAL S/O ACHINTYA KUMAR MONDAL 43/3.WEST GHOSHPARA ROAD BHATPARA N.24 PGS. KOLKATA 53: DR. NITA BISWAS S/O NIRAPADA BISWAS VIJAY NAGAR POST - NAIHATI DIST - N.24 PGS. 54: DR.SYED WALI ALI S/O SYED SAUKAT ALI 31/1 DAKSHIN BUXARAH LANE POST D. SK.LANE B. GARDEN HOWRAH 55: DR. ASHOK CHAKRABORTY S/O AJAY CHAKRABORTY 533/B G. R. ROAD SERAMPUR HOOGHLY 56: DR. KALYAN KUMAR CHATTOPATHYAY S/O UPENDRA NATH CHATTOPADHYAY GHOSHPUR Page No.# 15/49 AMTA DIST - HOWRAH 57: DR. PANNALAL BANERJEE S/O BIRESWAR BANERJEE SUBHAS PALLY BARANAGAR KOLKATA 58: DR. MANGLA PRASAD PANDEY S/O RAM KISHOR PANDEY VILLAGE - LAKASHIRAMPUR POST - ANEI DIST- VARANASI UP 59: DR. ASHISH KUMAR BHAUMIK S/O . P.K BHAUMIK 15/30 LENIN SARANI SERAMPUR HOOGHLY 60: DR. MAHADEV KARMAKAR S/O D. KARMAKAR JUDGE BEGA HARIDEVPUR KOLKATTA 61: DR. SUPRIYA GHOSE S/O TARAPADA GHOSH 5 JADAV CHANDRA GHOSH LANE BARANAGAR KOLKATTA 62: DR. MONOJ KUMAR JANA S/O RASAMOY JANA AROGYANIKETAN 3/118A AZADGARH KOLKATA 63: DR. TARUN KUMAR DAS S/O DINABANDHU DAS Page No.# 16/49 SARAMPARA CHENCHUA DIST - HOOGHLY 64: DR. SUJAL PARAMANIK S/O KRISHNADHAN PARAMANIK RAMCHANDRA PUR POST - DURGAPUR HOWRAH 65: DR. SK. SAMIUDDIN S/O SK. ISMAIL Z-3/566 MISTRYGHAT ROAD POST - BADARTALA KOLKATA 66: DR. ACHINTYA KUMAR ROY S/O BISHNU ROY DR. B.C. ROY ROAD POST - SHYAMNAGAR DIST - N.24 PGS 67: DR. ABHI RAHA S/O ANANDA RAHA 139/A KHATIR BAZAR LANE POST - RISHRA DIST - HOOGHLY 68: DR. BISWAJIT PAUL S/O BISWANATH PAUL KODALIA POST - BANDEL DIST - HOOGHLY 69: DR.ASHOK BHATTACHARJEE Page No.# 17/49 S/O K. BHATTACHARJEE 68/J/1/A GANGULY BAGAN LANE MAHESH SERAMPORE HOOGHLY 70: DR. MANAS KUMAR DAS S/O DASARATHI DAS 89 B.N ROAD UTTARPARA HOOOGHLY 71: DR. TAPAS BANDHYOPADHYAY S/O DULAL BANDHYOPADHYAY MILAN PALLY(NEAR DIAMOND HOUSE) SONARPUR KOLKATA 72: DR. PRAKASH MUKHERJEE S/O T. K. MUKHERJEE RABINDRA SARANI RISHRA HOOGHLY 73: DR. SHANTI RANJAN KONAR S/O AJIT KONAR VILLAGE AND POST - AGAR DIST - PASCHIM MIDNAPUR 74: DR. PALLAB KARMAKAR S/O PRASANTA KARMAKAR UTTAR PRATAP GARH Page No.# 18/49 POST - NIMTA DIST - 24 PGS 75: DR. GOPAL CHAKRABORTY S/O AMULYA CHAKRABORTY 1/75/1.AZAD GARH POST- REGENTPARK KOLKATA 76: DR. AMALENDU BIKASH CHAKRABORTY S/O N.N. CHAKRABORTY SWARUPNAGAR 3RD BYE LANE DANKUNI HOOGHLY 77: DR.MD. AMANULLA LASKAR S/O MUNSI NOOR HOSSAIN FATEHPUR POST - JOYNAGAR MAJILPUR S 24 PGS. 78: DR. JOTIRMOY CHAKRABORTY S/O BISWAPATI CHAKRABORTY 30/22 SELIMPUR ROAD DHAKURIA KOLKATA 79: DR. SANJIB KUMAR PAL S/O KALI PADA PAL 67/1(19) K.G. SCHOOL ROAD POST - NONACHANDAN PUKUR KOLKATA 80: DR. PROSENJIT GHOSH S/O PANNALAL GHOSH Page No.# 19/49 BAROARITALA JUGOBANI GALI POST SAPUIPARA BALLY HOWRAH 81: DR. SWARUP JANA S/O SUDARSON JANA RAMAKRISHNA ROAD CHATRA SERAMPORE HOOGHLY 82: DR. BIDYUT NASKAR S/O GOUR CHANDRA NASKAR VILL - GANNEY GANGADHARPUR POST - VIVEKANANDAPUR KOLKATA 83: DR. KAZI FARUK AHAMED S/O KAZI MONSUR ALI VILLAGE - KULIA POST - GOLGRAM BURDHAMAN(E) 84: DR. MANOJ BAIDYA S/O NIMAI CHAND BAIDYA VILLAGE - DAKSHIN RAYPUR POST - GHERIRAYPUR SOUTH 24 PGS. 85: DR. DEBASHIS DAS S/O PHANI DAS VILLAGE AND POST - RAJPUR 24 PGS. SOUTH 86: DR. ASIM KUMAR SHANNIGRAHI Page No.# 20/49 S/O SUKDEB SHANNIGRAHI SIMLAPAL GOLAPBAGAN DIST- BANKURA 87: DR. PARIJAT SMITA BASE S/O MRINAL KANI BASU 109/A J.R.R. ROAD EAST KALIANIWAS BARRACKPORE KOLKATA 88: DR. PINAKI RANJAN DAS S/O BULBUL KUMAR DAS 23 LOWRENCE STREET UTTARPARA HOOGHLY 89: DR. KAUSHIK GHOSH S/O DHANANJOY GHOSH MOGRA NUTANGRAM HOOGHLY 90: DR. NABA KUMAR MONDAL S/O JOGESWAR MONDAL DASPUR KHARMARGACHI HOOGHLY 91: DR. SURAJIT DAS S/O KRISHNA CHANDRA DAS 40/1 MIRPARA Page No.# 21/49 P.O - BHATTANAGAR HOWRAH 92: DR. PRODYUT KUMAR PAUL S/O SACHINDRA NATH PAUL 4/A LANE BABLA TOLA KALIPARK RAJARHAT GOPALPUR KOLKATA 93: DR. ABINASH CHANDRA BHATTACHARYYA S/O M.M. BHATTACHARYYA 25 N/C. SAHA ROAD BHADRAKALI HOOGHLY 94: DR. KAUSHICK GHOSH S/O M. GHOSH HATKHOLA CHALKEPARA POST - CHANDANNAGAR HOOGHLY 95: DR. SOMA BANDHYOPADHYAY D/O LAXMIKANTA BANDHYOPADHYAY 86 SUKANTA NAGAR BHADRESWAR POST - ANGUS HOOGHLY 96: DR. SYAMA PRASAD GHOSH S/O SANKAR PRASAD GHOSH 13 SHANKALITALA ROAD POST - BARISA KOLKATA 97: DR. PRAKASH MAITRA S/O ARUN CHANRA MAITRA Page No.# 22/49 BAGULA COLLEGE PARA UTTAR BAGULA NADIA 98: DR. BIKASH MAITRA S/O ARUN CHANDRA MAITRA BAGULA COLLEGE PARA UTTAR BAGULA NADIA 99: DR. SANKAR CHAKRABORTY S/O JAGADISH CHANDRA CHAKRABORTY MAKHLA GOVT. COLONY HOME NO.31 POST - MAKHLA DIST - HOOGHLY 100: DR. SUBRATA NASKAR S/O KANAI LAL NASKAR 1 CHETLA CENTRAL ROAD KOLKATA 101: DR. PURNENDU SASMAL S/O ATULANANDA SASMAL 42G RAJA SANTOSH ROAD KOLAKATA 102: DR. KOLLOL BHATTACHARYA S/O KALI RANJAN BHATTACHARYA 2/75 SREE COLONY KOLKATA 103: DR. SABITA SARKAR D/O N. SARKAR VILLAGE AND POST - MASLANDAPUR 24 PGS. NORTH Page No.# 23/49 104: DR. JAYANTA SARKAR S/O CHANDI CHARAN SARKAR NASKARPARA ROY NAGAR BANSDRONI KOLKATA 105: DR. KRISHNENDU DUTTA S/O ABINASH DUTTA KUTUB PUR NAYA GRAM ROAD POST - MALDA DIST - MALAD 106: DR. MD. HELALUDDIN HAIDER S/O H.A. SATTAR 11A ANJUMAN ROAD KOLKATA 107: DR. RAM KRISHNA MUKHOPADHYAY S/O D. MUKHERJEE PRIYANKA HOUSE 8 N.K. BASU LANE BHADRAKALI DIST - HOOGHLY VERSUS THE UNION OF INDIA AND 7 ORS THROUGH THE SECRETARY MINISTRY OF HEALTH AND FAMILY WELAFRE DEPT. OF ISM AND HOMOEOPATHY 1 IRCS BUILDING RED CROSS ROAD NEW DELHI Page No.# 24/49 2:THE SECRETARY CENTRAL COUNCIL OF HOMOEOPATHY JAWAHARLAL NEHRU BHARATIYA CHAKITSA AVUM HOMOEOPATHIC ANUSANDHAN 61-65 INSTITUTIONAL AREA(OPP.D BLOCK) JANAK PURI NEW DELHI 3:THE SECRETARY GOVT. OF N/L HEALTH AND FAMILY WELFARE DEPT. HAVING ITS OFFICE AT KOHIMA N/L 4:THE DEPUTY SECRETARY GOVT. OF N/L HEALTH AND FAMILY WELFARE DEPT. HAVING ITS OFFICE AT P.O. KOHIMA N/L 5:THE BOARD OF HOMOEOPATHIC SYSTEM OF MEDICINE N/L P.O - KOHIMA N/L 6:THE REGISTRAR BOARD OF HOMOEOPATHIC SYSTEM OF MEDICINE N/L P.O - KOHIMA N/L 7:THE OFFICER-IN-CHARGE(HOMOEOPATHY) DIRECTOR HEALTH SERVICES GOVT. OF N/L KOHIMA N/L 8:THE STATE OF WEST BENGAL THROUGH THE SECRETARY HEALTH AND FAMILY WELFARE DEPT. Page No.# 25/49 SWASTHYA BHAVAN SALT LAKE KOLKATA ------------ Advocate for : KARYAN KUMAR CHAKRABORTY Advocate for : appearing for THE UNION OF INDIA AND 7 ORS Linked Case : WP(C)/5/2020 DR. GOUTAM GHOSH AND 18 ORS S/O LT. JATINDRA NATH GHOSH RESIDING AT KARMAR PARA JALPAIGURI WEST BENGAL 2: DR. PROLOY SHOME S/O NIRAPADA SHOME RESIDING AT AARMAR THIKANA NEW TOWN PARA JALPAIGURI WEST BENGAL 3: DR. HRISHIKESH ADHIKARI S/O LT. UPENDRA NATH ADHIKARI RESIDING AT RAIKAT PARA NEAR SHANI MANDIR JALPAIGURI WEST BENGAL 4: DR. BIJAN KUMAR SAHA S/O LT. KRISHNA CHANDRA SAHA RESIDING AT P.O. CHANGRABANDHA MERCHANT ROAD COOCH BEHAR WEST BENGAL 5: DR. RANODA DUTTA S/O LT. NISHIKANTA DUTTA RESIDING AT RAIKATPARA NEAR NINE BULLET CLUB P.O. AND DIST - JALPAIGURI WEST BENGAL Page No.# 26/49 6: DR. SUSHIL DAS ROY S/O LT. BIREN DAS ROY RESIDING AT VILLAGE AND POST OFFICE - DEBNAGAR JALPAIGURI WEST BENGAL 7: DR. RABINDRA SARKAR S/O JOGENDRA SARKAR RESIDING AT SURJYA SEN COLONY DHUPGURI JALPAIGURI WEST BENGAL 8: DR. HIRALAL MIRDHYA S/O LT. RABINDRA MIRDHYA RESIDING AT VILLAGE - UTTAR JHARALTA P.O. - LAXMIKANTA PARA P.S. BANARHAT JALPAIGURI WEST BENGAL 9: DR.SAMARESH DEB S/O GOURI SHANKAR DEB RESIDING AT EAST NETAJI PALLY P.O/P.S - RAIGANJ UTTAR DINAJPUR WEST BENGAL 10: DR. ATANU CHATTERJEE S/O LT. BHUPATI NATH CHATTERJEE RESIDING AT KIRANALAYA SOUTH DESH BANDHU PARA P.O. SILIGURI DARJEELING WEST BENGAL 11: DR. SUPRIYA CHATTERJEE S/O LT. MADAN GOPAL CHRABORTY RESIDING AT KIRANALAYA SOUTH DESH BANDHU PARA P.O. SILIGURI Page No.# 27/49 DARJEELING WEST BENGAL 12: DR. KALIPADA SAHA S/O LT. SARBESHWAR SARANI P.O. - RABINDRANAGAR SILIGURI DARJEELING WEST BENGAL 13: SOURAV SEAL S/O DR. MIHIR SEAL RESIDING AT RISHI AROBINDO ROAD HAKIM PARA SILIGURI DARJEELING WEST BENGAL 14: DR. NABENDU CHOUDHURI S/O B.C CHOUDHURI RESIDING AT SUKANTA PALLY P.O. SILIGURI BAZAR JALPAIGURI WEST BENGAL 15: DR. BIJAY SAMSHER RAI S/O MUGARAJ RAI RESIDING AT PHIGU BUILDING 1ST FLOOR DEORALI BAZAR HOMOEOPATHY CLINIC P.O. TADONG GANTOK SIKKIM 16: DR.SADHAN KUMAR DAS S/O JAGABANDHU DAS RESIDING AT PURBA CHAYAN PARA BACK SIDE OF ASHIGHAR POWER HOUSE JALPAIGURI WEST BENGAL 17: DR. SUDHIR KUMAR SHARMA Page No.# 28/49 S/O LATE SUMANTA KUMAR SHARMA RESIDING AT VILLAGE - BARMAN PARA P.O. - KHARIA JALPAIGURI WEST BENGAL 18: TAPAN KUMAR DAS S/O LATE GANESH CHANDRRA DAS RESIDING AT 132 SURJYA NAGAR(NEAR SILIGURI WOMENS COLLEGE) P.O. RABINDRA SARANI SILIGURI WEST BENGAL 19: DR. KEWAL KUMAR GUPTA S/O LATE JANKI PRASAD GUPTA(SAH) RESIDING AT CHAMPASARI NAYABASTI WARD NO. 46 P.O. PRADHAN NGAR SILIGURI DARJEELING WEST BENGAL VERSUS THE UNION OF INDIA AND 7 ORS SERVICE THROUGH THE SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE DEPT. OF ISM AND HOMOEOPATHY 1 IRCS BUILDING RED CROSS ROAD NEW DELHI 2:THE SECRETARY CENTRAL COUNCIL OF HOMOEOPATHY JAWAHARLAL NEHRU BHARTIYA CHAKITSA AVUM HOMOEOPATHIC ANUSANDHAN BHAWAN 61-65 INSTITUTIONAL AREA(OPP. D BLOCK) JANAK PURI NEW DELHI 3:THE SECRETARY Page No.# 29/49 GOVT. OF NAGALAND HEALTH AND FAMILY WELFARE DEPT. HAVING ITS OFFICE AT KOHIMA NAGALAND 4:THE DEPUTY SECRETARY GOVT. OF NAGALAND HEALTH AND FAMILY WELFARE DEPT. HAVING ITS OFFICE AT P.O - KOHIMA NAGALAND 5:THE BOARD OF HOMOEOPATHIC SYSTEM OF MEDICINE NAGALAND P.O. KOHIMA NAGALAND 6:THE REGISTRAR BOARD OF HOMOEOPATHIC SYSTEM OF MEDICINE NAGALAND P.O. KOHIMA NAGALAND 7:THE OFFICER-IN-CHARGE(HOMOEOPATHY) DIRECTOR HEALTH SERVICES GOVT. OF NAGALAND KOHIMA NAGALAND 8:THE STATE OF WEST BENGAL SERVICE THROUGH THE SECRETARY HEALTH AND FAMILY WELFARE DEPT. SWASTHYA BHAWAN SALT LAKE KOLKATA ------------ Advocate for : KARYAN KUMAR CHAKRABORTY Advocate for : appearing for THE UNION OF INDIA AND 7 ORS Linked Case : WP(C)/108/2019 GAUTAM KAR AND ANR Page No.# 30/49 S/O LT. MANORANJAN KAR OF 11/H N.N GHOSH LANE REGENT PARK KOLKATA 2: PRADIP BATABYAL S/O LT. BHOLANATH BATABYAL RESIDING AT 89 KOTRUNG DHARMATALA LANE P.O. HINDMOTOR HOOGHLY VERSUS THE UNION OF INDIA AND 7 ORS THROUGH THE SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE DEPT. OF ISM AND HOMOEOPATHY 1 IRCS BUILDING RED CROSS ROAD NEW DELHI 2:THE SECRETARY CENTRAL COUNCIL OF HOMOEOPATHY JAWAHARLAL NEHRU BHARTIYA CHAKITSA AVUM HOMOEOPATHIC ANUSANDHAN BHAWAN 61-65 INSTITUTIONAL AREA(OPP.D BLOCK) JANAK PURI NEW DELHI 3:THE SECRETARY GOVT. OF N/L HEALTH AND FAMILY WELFARE DEPT. HAVING ITS OFFICE AT KOHIMA N/L 4:THE DEPUTY SECRETARY GOVT. OF N/L HEALTH AND FAMILY WELFARE DEPT. HAVING ITS OFFICE AT P.O. KOHIMA N/L 5:BOARD OF HOMOEOPATHIC SYSTEM OF MEDICINE N/L Page No.# 31/49 P.O. KOHIMA N/L 6:THE REGISTRAR BOARD OF HOMOEOPATHIC SYSTEM OF MEDICINE N/L P.O. KOHIMA N/L 7:THE OFFICER-IN-CHARGE(HOMOEOPATHTY) DIRECTOR HEALTH SERVICES GOVT. OF N/L KOHIMA N/L 8:THE STATE OF WEST BENGAL THROUGH THE SECRETARY HEALTH AND FAMILY WELFARE DEPT. SWASTHYA BHAVAN SALT LAKE KOLKATA ------------ Advocate for : KALYAN KUMAR CHAKRABORTY Advocate for : CGSC appearing for THE UNION OF INDIA AND 7 ORS Linked Case : WP(C)/47/2020 DR. SK. AMIN UDDIN AND ANR S/O LT. NOOR MAHAMMAD RESIDING AT VILLAGE - NAMAJGRAM P.O/P.S - PANDUA HOOGHLY WEST BENGAL 2: DR. SUBRATA BANIK S/O SRI SACHILAL BANIK RESIDING AT VILLAGE RAWJAPARA P.O/P.S - PANDUA HOOGHLY WEST BENGAL VERSUS THE UNION OF INDIA AND 7 ORS Page No.# 32/49 THROUGH THE SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE DEPT. OF ISM AND HOMOEOPATHY 1 IRCS BUILDING RED CROSS ROAD NEW DELHI 2:THE SECRETARY CENTRAL COUNCIL OF HOMOEOPATHY JAWAHARLAL NEHRU BHARATIYA CHAKITSA AVUM HOMOEOPATHIC ANUSANDHAN BHAWAN 61-65 INSTITUTIONAL AREA(OPP. D BLOCK) JANAK PURI NEW DELHI 3:THE SECRETARY GOVT. OF NAGALAND HEALTH AND FAMILY WELFARE DEPT. HAVING ITS OFFICE AT KOHIMA NAGALAND 4:THE DEPUTY SECRETARY GOVT. OF NAGALAND HEALTH AND FAMILY WELFARE DEPT. HAVING ITS OFFICE AT KOHIMA NAGALAND 5:THE BOARD OF HOMOEOPATHIC SYSTEM OF MEDICINE NAGALAND P.O - KOHIMA NAGALAND 6:THE REGISTRAR BOARD OF HOMOEOPATHIC SYSTEM OF MEDICINE NAGALAND P.O - KOHIMA NAGALAND 7:THE OFFICER-IN-CHARGE(HOMOEO-PATHY) DIRECTOR HEALTH SERVICES GOVT. OF NAGALAND KOHIMA NAGALAND 8:THE STATE OF WEST BENGAL Page No.# 33/49 THROUGH THE SECRETARY HEALTH AND FAMILY WELFARE DEPT. SWASTHYA BHAVAN SALT LAKE KOLKATA ------------ Advocate for : KARYAN KUMAR CHAKRABORTY Advocate for : CGSC appearing for THE UNION OF INDIA AND 7 ORS Linked Case : WP(C)/226/2018 K.THIRUVENKATASAMI AND 2 ORS. R/O 7/157 AYYAMPALAYAM METTUPALAYAM VELLAKOVIL(VIA) TIRUPUR(D.T) 2: K.SAMINATHAN R/O 34/1 SUNDARAMBAL NAGAR VELAYUTHAMPALAYAM KARUR TALUK KARUR DISTRICT 3: C.SIVAKUMAR R/O 1/1 SHANKAR NAGAR PASUPATHIPALAYAM KARUR TALUK KARUR DISTRICT VERSUS THE REGISTRAR BOARD OF HOMOEOPATHIC SYSTEM OF MEDICINE N/L AND ANR. BOARD OF HOMOEOPATHIC SYSTEM OF MEDICINE N/L C/O DIRECTOR OF HEALTH SERVICES KOHIMA 2:THE REGISTRAR CENTRAL COUNCIL OF HOMOEOPATHY Page No.# 34/49 CENTRAL COUNCIL OF HOMOEOPATHY JAWAHAR LAL NEHRU BHARATIYA CHIKITSA AUVUM HOMOEOPATHY ANUUSANDHAN BHAVAN NO.61-65 INSTITUTIONAL AREA OPP 'D' BLOCK JANAKPURI NEW DELHI ------------ Advocate for : ASHWINI KUMAR Advocate for : A. ZHIMOMI appearing for THE REGISTRAR BOARD OF HOMOEOPATHIC SYSTEM OF MEDICINE N/L AND ANR. BEFORE HON'BLE MR. JUSTICE L.S. JAMIR Date : 20-09-2023 J U D G M E N T AND O R D E R Heard Mr. Taka Kichu, learned counsel for the petitioners in WP(C) No.152/2019 and WP(C) No.226/2019, Mr. P. Deka, learned counsel for the petitioners in WP(C) No.180/2019, Mr. Kalyan Kumar Chakraborty, learned counsel for the petitioners in WP(C) No.108/2019, WP(C) No.5/2020 and WP(C) No.47/2020. Also heard Mr. A. Zhimomi, learned counsel for the respondent No.1 and Mr. Limawapang, learned counsel for respondent No.2 in WP(C) No.226/2018, Mr. Y. P. Gupta, learned Central Government Counsel and Ms. Livika, learned Government Advocate, Nagaland. Page No.# 35/49 2. All these writ petitions having common cause of action and the reliefs sought for being identical are heard and disposed of by this common judgment and order.

#3. The petitioners in all the writ petitions, except the petitioners in WP(C) No.152/2019, are Class B Homeopaths who had earlier registered in Nagaland and practiced for some time. However, presently they are all settled in different places in India outside the State of Nagaland. They all are aggrieved by the public notice dated 10.08.2016 issued by the Secretary to the Government of Nagaland, Health and Family Welfare Department whereby they have been directed to come personally for verification with all required/relevant documents of qualifications and practice along with certain reqirements specified in the said notice.

#4. The petitioners in WP(C) No.152/2019 are the Classical Homeo Medical Practitioners Association, a Society registered under the Societies Registration Act, 1860 and espouses the cause of its members to regulate the registration and licenses of its members and to forward the same to the Central Council of Homeopathy (CCH in short) and also for a declaration with regard to the validity of their registration.

#5. The public notice dated 10.08.2016, which is assailed in the writ petitions is reproduced here-in-below:- “GOVERNMENT OF NAGALAND HEALTH & FAMILY WELFARE DEPARTMENT NO.HFW-22/B-5/BHSM/2011 Dated Kohima the 10th Aug,2016 PUBLIC NOTICE Page No.# 36/49 The Nagaland Government in consonance with Section 24 of the Nagaland Homeopathic Medicine Act, 1996 (Act IV of 1997) which confers the exercise of powers to the State Government to make rules from time to time consistent with the Act invites for Renewal of Class B Homeopaths registered in the Board of Homeopathic System of Medicine, Nagaland within three months starting from August 2016. They are to come personally for verification with all required/relevant documents of qualification and practice. Section 10 Clause (i) of the Nagaland Homeopathic Medicine Act, 1996 (Act No.4 of 1997) states that the registered homeopaths shall receive licenses to practice homeopathy in the State of Nagaland provided the Class B practitioner qualifies the following:- (a) Those who are presently practicing homeopathy in Nagaland. (b) Those who were residing in Nagaland during the time of their registration by providing the following original documents as proof of their residency in the State. (c) Permanent Residence Certificate issued by the respective district administrative authority of the Government of Nagland. (d) Address proof of their clinic/place of practice by the Colony/locality Gaonbura or local authority. (e) Trade license from the local authority. Further, all the practitioners have to bring a Character Certificate duly signed by a First Class Magistrate (in prescribed format). All the candidates will be put through an eligibility/efficiency test before renewal is considered. Sd/-(DR. MAONGWATI AIER), IAS Secretary to the Government of Nagaland”

#6. Mr. Taka Kichu, learned counsel for the petitioners in WP(C) No.226/2018, submits that the petitioners had obtained Class B licence from the Board of Homeopathic System of Medicine, Nagaland in the year Page No.# 37/49 1988 by succeeding in the eligibility/efficiency test conducted by the Board as required under Clause 9(iii) under the Nagaland Homeopathic Medicine Act, 1996 (the State Act of 1996 in short). The licences were, thereafter, renewed till 2008. Thereafter, the petitioners were constrained to migrate to Tamilnadu in the year 2007 and the fact of migration was intimated to the respondent-Board in the year 2008. As the petitioners are Class-B registered homeopathic practitioners and since they have been in active practice since 1998, the impugned notice dated 10.08.2016 which sought for documents, which are already available in their records is, therefore, not tenable in law. The requirement of re-verification of records in terms of the public notice dated 10.08.2016 after issuance of the certificate of registration in the year 1998 is, therefore, not reasonable and in violation of natural justice. The conditions imposed in the public notice dated 10.08.2016 do not apply to the petitioners inasmuch as they are no longer practicing in the State of Nagaland and as their names had already been entered into the Central List, the petitioners shall have all the rights to practice in any other State in India provided permission is granted by the concerned State in which the petitioners desire to practice. If the petitioners are not allowed to carry on medical practice as Homeopathic practitioners, they will have no other source of income, which would highly prejudice them and suffer irreparable loss and injury.

#8. Mr. P. Deka, learned counsel for the petitioners in WP(C) Page No.# 38/49 No.180/2019, also submits that the petitioners after being registered in Nagaland practiced for some time, however, as there was a misunderstanding between the State Government and the Board, renewal was stopped from the year 2013 and, therefore, the petitioners had to leave the State of Nagaland.

#9. It is also submitted that the impugned public notice dated

10.08.2016 mandates for production of residence proof and also practice proof. However, the petitioners cannot produce residence proof as they are barred under Section 2 of the Nagaland Land and Revenue Regulations to own any land. The petitioners had passed the examination and after satisfying the pre-requisite conditions obtained certificates of Homeopathy under Class B in terms of Section 9 of the State Act of 1996 in the year 1998. After getting the said certificates, they started their profession as Homeopathic doctors in the State of Nagaland and they got their licences renewed annually or after every five years till the year

#2012. However, in the year 2013, when the petitioners approached the Board of Homeopathic System of Medicines, Nagaland for renewal of their provisional licences, they were informed that due to some internal disputes between the Board and the Government of Nagaland and also the CCH, the further process of renewal has been kept in abeyance and under such conditions, they had no other alternative but to leave Nagaland. It was, thereafter, that they came to learn about the impugned notice dated 10.08.2016 whereby a residential certificate issued by the Page No.# 39/49 respective district authority needs to be submitted and the address of the petitioners and their clinic in Nagaland were required to be submitted. A perusal of the notice dated 10.08.2016 reveals that it was a public notice under Section 24 of the Act of 1996. A bare perusal of Section 24 of the Act of 1996 would reveal that the Act empowers the State Government to make Rules and, as such, there are vast differences between a public notice and the Rules framed under the State Act of

#1996. As Section 2 of the Nagaland Land Revenue Regulations restricts persons from outside the State of Nagaland from buying land in the State and as the petitioners are from Kolkata, they cannot produce such land certificate. The bar being created by the statute and, therefore, the public notice dated 10.08.2016 is ultra vires to the Nagaland Land and Revenue Regulations. He also submits that the public notice dated 10.08.2016 is also ultra vires to Section 15 of the Homeopathy Central Council Act, 1973 (the Central Act of 1973 in short), which provides that those Homeopathic doctors, who are possessing requisite qualifications shall be allowed to practice Homeopathy in any State in India. However, as the public notice dated 10.08.2016 creates a bar to practice in the State of Nagaland for those physicians who are not permanent residents of Nagaland, the public notice is not in consonance with the letter and spirit of Sub-Section (2) (b) of Section 15 of the Central Act of 1973. Under the circumstances, the public notice dated 10.08.2016 deserves to be set aside and quashed. Page No.# 40/49 10. Mr. Kalyan Kumar Chakraborty, learned counsel for the petitioners in WP(C) No.108/2019, WP(C) No.5/2020 and WP(C) No.47/2020, while endorsing the submissions made by Mr. P. Deka, learned counsel for the petitioners in WP(C) No.180/2019, further submits that the public notice dated 10.08.2016 is hit by Article 19(1)(g) of the Constitution of India, which provides that all citizens shall have the right to practice any profession or carry on any occupation, trade or business. He, therefore, submits that the public notice dated 10.08.2016 should be set aside.

#11. Mr. A. Zhimomi, learned counsel for the respondent No.1 in WP(C) No.226/2018, on the other hand, submits that after enactment of the State Act of 1996, the Board of Homeopathic System of Medicines was constituted by the State, which was headed by the then Director of Health Services as the ex officio Chairman along with others. The Board held its first meeting on 08.11.1997 and decided that the grant of registration to the practitioners would commence with effect from

11.11.1997. He submits that in the State of Nagaland, there are few practitioners, who are eligible for registration as Class B Homeopaths, however, as per the available records with the Board, there are as many as 4232 practitioners who have been registered as Class B Homeopaths. At the relevant point of time, the affairs of the Board was left in the charge of the then Registrar/Secretary and he began working independently without reference to the Board or any of its Members, Page No.# 41/49 which fact came to light when the Board started receiving letters from the CCH. The letters, inter alia, reveals that a large number of Class B Homeopaths are registered in the State of Nagaland. The CCH vide its letter dated 04.03.2011 also wrote to the concerned department in the Central Government requesting intervention with regard to registration of Homeopaths by the State. Responding to the letter dated 04.03.2011, the Central Government, through the Ministry of Health and Family Welfare wrote to the Principal Secretary (Health), Government of Nagaland requesting to verify the grant of registration to the Homeopaths and to supply State register to the CCH. On receipt of the letters, a meeting was constituted for re-constituting the Board and, accordingly, by a Notification dated 12.12.2013, the Government of Nagaland constituted the Board of Homeopathic System of Medicines, Nagaland. The Board held its meeting on 30.04.2014 wherein it was decided that all registered and un-registered Homeopaths would have to apply for registration/renewal and the process shall be initiated upon the appointment of Registrar of the Board by the Government. A sub- committee was also constituted to scrutinize reports pertaining to Homeopaths. Accordingly, by letter dated 13.05.2014, the former Registrar/Member Secretary was requested to produce the records pertaining to registration of Homeopaths as well as other documents on or before 21.05.2015. However, such records were not made available despite repeated requests. Page No.# 42/49 In the meantime, the CCH also addressed letters to the Government of Nagaland for visiting the State with regard to the State Register of Homeopathy. Accordingly, a team from the Central Council of Homeopathy arrived in the State and held a meeting with the Department of Health and Family Welfare on 30.07.2015 wherein it was decided that the Board would streamline the registration of Class B Homeopaths. It was found that a large number of applications requesting registration as Class B Homeopaths were received after 1999. However, Class B registration certificates were issued with dates that were within the period from April, 1997 to 1999. The applications of the writ petitioners in WP(C) No.226/2018 are also included amongst the said group.

#12. It is also submitted that from the records that were received from the office of the Board, more particularly, with regard to registration of Class B Homeopaths, the then Registrar awarded a certificate of registration under his signature to as many as 4232 applicants and surprisingly, 3294 applicants were awarded certificates on 11.02.1998 amongst which names of the petitioners in WP(C) No.226/2018 were also included. It is, therefore, submitted that the Board has also been instructed by the Central Government as well as the CCH to undertake an exercise of verification of registration of Homeopaths and, therefore, unless the names listed in the Register are approved by the CCH, the question of inclusion in the Central Register does not arise. Under such Page No.# 43/49 circumstances, a bona fide exercise to verify registration/renewal of Homeopaths is being initiated through the public notice dated 10.08.2016 and, therefore, the same does not infringe any right of the petitioners. He, therefore, submits that there is no infirmity in the public notice dated

10.08.2016 and, accordingly, the writ petitions deserve to be dismissed.

#13. Mr. Limawapang, appearing for the respondent No.3 in WP(C) No.226/2019 and Ms. Livika, learned Government Advocate, Nagaland for the respondents in the other writ petitions and Mr. Y.P. Gupta, learned CGC endorses the submissions made by Mr. A. Zhimomi, learned counsel for respondent No.1 in WP(C) No.226/2019 and further submits that the exercise being carried out by the Government of Nagaland through public notice dated 10.08.2016 is bona fide in nature and in the interest of the health of the citizens and, therefore, no interference is required in the public notice dated 10.08.2016.

#14. I have considered the submissions made by learned counsel for the parties.

#15. Section 10(a) of the State Act of 1996 reads as under:- “10. a) If it appears to the Board that a person is qualify to have his name entered in the Register as a Class 'A' "REGISTERED HOMOEOPATH” his name shall be entered on payment of a sum of Rs. 100/- (Rupees One Hundred) only as first annual fees; and if he is qualified to have his name entered in the Register as a Class 'B' "REGISTERED HOMOEOPATH" his name shall be so entered on payment Page No.# 44/49 of Rs.100/- (Rupees One Hundred) only as first annual fees. On payment of the first annual fees the "REGISTERED HOMOEOPATH" shall receive licences to practice homoeopathy in the State of Nagaland.”

#16. Section 13(1) of the State Act of 1996 also reads as under:- “13. 1) No person other than association or institution recognised or authoised by the Board under this Act shall confer, grant or issue any degree, licence, certificate or other document stating that the holder, guarantee or recipient is qualified to practice the Homoeopathic System of Medicine.”

#17. Section 15 of the Central Act of 1973 reads as under:- “15. Rights of persons possessing qualifications included in Second or the Third Schedule to be enrolled.—(1) Subject to the other provisions contained in this Act, any medical qualification included in the Second or the Third Schedule shall be sufficient qualification for enrolment on any State Register of Homoeopathy. (2) No person, other than a practitioner of Homoeopathy who possesses a recognised medical qualification and is enrolled on a State Register or the Central Register of Homoeopathy,— ` 11 (a) shall hold office as Homoeopathic physician or any other office (by whatever designation called) in Government or in any institution maintained by a local or other authority; (b) shall practise Homoeopathy in any State………………………………………..”

#18. Section 23 of the Central Act of 1973 reads as under:- “23. Registration in the Central Register of Homoeopathy.—The Registrar of the Central Council may on receipt of the report of registration of a person in a State Register of Homoeopathy or on application made in the prescribed manner by any person, enter his name in the Central Register of Homoeopathy, provided that the Registrar is satisfied that the person concerned is eligible under this Act for such registration.”

#19. Section 26(2) of the Central Act of 1973 reads as under:- Page No.# 45/49 “26. Privileges of persons who are enrolled on the Central Register of Homoeopathy.— *** *** *** *** (2) Subject to the provisions of sub-section (3) of section 15, any person whose name is for the time being borne on Part II of the Central Register of Homoeopathy, may practise Homoeopathy in any State, other than the State where he is enrolled on the State Register of Homoeopathy, with the previous approval of the Government of the State where he intends to practise.”

#20. The Government of Nagaland enacted the State Act of 1996 and under Section 9, the Homeopaths are divided into two classes, namely, Class A and Class B. Class A deals with registered Medical practitioners under any statutory Act of Parliament or Legislature of any State in the country practicing exclusively Homeopathy and Class B deals with Homeopaths who have been engaged in the practice of Homeopathic System of Medicine as the principal occupation for a period of not less than five years immediately before the date of coming into force of the State Act of 1996 and the Homeopaths are required to be registered under the State Board under Sections 9 and 10 of the State Act of 1996 and with regard to Class B Homeopaths, it is provided that such Homeopaths shall have his name registered on payment of a sum of Rs.100/- only as annual fee and pass an examination to be conducted by the Board within two years of the passing of the Act.

#21. The exercise of inclusion of Class B Homeopaths were undertaken Page No.# 46/49 so as to satisfy the terms and conditions of Sections 9 and 10 of the State Act of 1996. Once Class B Homeopaths are registered, their names are to be referred and engrafted to the Central Register as defined in the Central Act of 1973. In terms of Section 15(2)(b) read with Section 26 of the Central Act of 1973, the registered Homeopaths could practice anywhere in the country. However, such Homeopaths must take prior approval from the Government of the State where he intends to practice.

#22. A perusal of Section 10(a) of the State Act of 1996 which has been reproduced here-in-above provides that any Class B Homeopaths shall receive licence to practice Homeopathy in the State of Nagaland.

#23. Further, a conjoint reading of the relevant provisions of the State Act of 1996 and the Central Act 1973 provides that once a Class B Homeopaths is registered in the State of Nagaland, such names shall be forwarded to the CCH. Thereafter, Registrar of Central Council on receipt of the report of registration of a person in the State Register of Homeopathy enters his name in the Central Register of Homeopathy provided that the Registrar is satisfied that the person concerned is eligible under the Central Act of 1973 for such registration. Once the name of such persons are enrolled in the Central Register of Homeopathy, such registered Homeopaths may practice Homeopathy in any State other than the State which he is enrolled on the State Register of Homeopathy, Page No.# 47/49 however, with the previous approval of the Government of the State where he intends to practice.

#24. In the present case, it is seen that all the petitioners were registered by the then Registrar of the Board of Homeopathic System of Medicines, Nagaland. However, despite their registration, when the matter was forwarded before the CCH, some discrepancies were noticed and, accordingly, the CCH by communications had directed the State Board to rectify such discrepancies. The matter was also brought to the notice of the concerned department in the Central Government. Thereafter, after seeing the discrepancies committed by the earlier Board, steps were taken to rectify such discrepancies by constituting a fresh Board. Accordingly, to rectify the discrepancies, the public notice dated

10.08.2016 was issued.

#25. It is pertinent to note at this stage that none of the Class B Homeopaths, whose names were registered by the earlier Board in the State, have been registered under the CCH as on date.

#26. A perusal of the impugned notice dated 10.08.2016, which has been already reproduced here-in-above would clearly indicate that invitation was given for renewal of Class B Homeopaths registered in the Board of Homeopathic System of Medicines, Nagaland within three months starting from August, 2016. It is also provided that such Class B Homeopaths are to come personally for verification with all Page No.# 48/49 required/relevant documents of qualification and practice as prescribed in the public notice dated 10.08.2016.

#27. A further perusal of the public notice dated 10.08.2016 would indicate that the petitioners are directed to appear personally for verification with all required/relevant documents of qualification and practice. Therefore, in the considered opinion of this Court, if the petitioners have any difficulties in complying with the qualifications prescribed under the public notice dated 10.08.2016 and as they have been asked to come personally, they will be in a position to explain before the Board the difficulties that are being faced by them for supplying all the documents as required under the public notice dated 10.08.2016. Therefore, in the considered opinion of this Court, as none of the petitioners have been registered under the CCH till date, they have an obligation to appear before the Board as required by the public notice dated 10.08.2016.

#28. The submission of Mr. P. Deka, learned counsel for the petitioners in WP(C) No.180/2018 with regard to Section 2 of the Nagaland Land and Revenue Regulations has been considered. However, as the steps taken by the respondents through public notice dated 10.08.2016 is in terms of the Act of 1996, this Court rejects the submission made by the learned counsel for the petitioners.

#29. The submission of Mr. Kalyan Kumar Chakraborty for the petitioners Page No.# 49/49 in the other writ petitions that the public notice dated 10.08.2016 is hit by Article 19(1)(g) has also been considered. However, as the right to practice Homeopathy is governed by the Central Act of 1997 as well as the State Act of 1996, I find that the submission holds no water.

#30. In view of the discussions made here-in-above, I find no reason to interfere with the public notice dated 10.08.2016 and, accordingly, all the writ petitions are dismissed. However, there shall be no order as to costs. Sd/- JUDGE Comparing Assistant

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: writ petitions are dismissed

Which statutory provisions did this judgment involve?

Registration Act, 1908; Nagaland Homeopathic Medicine Act, 1996 — s. 24; Homeopathy Central Council Act, 1973 — s. 15; Constitution of India — art. 19(1)(g); Central Act, 1973.

Which court decided this case, and when?

Gauhati High Court, on 20 Sep 2023.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Gauhati High Court or eCourts case status. ← Search more judgments