Ashok Kumar Yadav vs Vijaya Srivastava

S.R. Waghmare, J.

Heard.

By this contempt petition under u/s 10 & 12 of the Contempt of the Court Act read with Section 215 of the Constitution of India, the applicants have challenged the non-compliance of the order dated 27.8.2009 passed by this Court in the Writ Petition No. 1436/2009.

Facts in nut shell are that, the petitioners were qualified under the Madhya Pradesh Ayurvedic, Yunani Tatha Prakratik Chikitsa Vyavsayik Adhiniyam, 1970 (hereinafter referred the Act of 1970) were entitled to practice in Ayurvedic Medicine. However, the State Government imposed a bar stating that the persons, who were not registered with qualification under the said Act of 1970 would be debarred from practice in the said field. The said order was challenged by some of the petitioners by filing a writ petition before the Indore Bench and some of the petitioners have challenged it before Gwalior Bench by filing other petitions. By the impugned order the learned Single Judge placing reliance on the judgment of Indore Bench in W.P. No. 1436/2009 directed thus:

The Indore Bench of this Court has directed the respondents to consider the cases of the petitioner therein and to pass a detailed speaking order within a period of six months.

Resultantly, keeping in view the judgment delivered by the Indore Bench of this Court, the present writ petition is disposed of with a direction to the petitioners to prefer their representations appending all documents including the judgment, upon which reliance has been placed by them. On receiving the aforesaid representations the Registrar, of the respondent Board, shall look into the matter and after affording an opportunity of hearing to the petitioner and also keeping in view the judgment delivered by this Court in case of Ku. Mala Wadhawani Vs. State of Madhya Pradesh and others in W.P. No. 2367/2006 shall pass a detailed and speaking order within a period of six months from the date of filing of the said representation along with certified copy of this Court.

With the aforesaid observation, the present writ petition stands disposed of. No order as to costs.

Certified copy as per rules.

The counsel for the applicants has insisted that the representation as directed by the writ Court has not been decided in the light of the judgment passed by the writ Court.

Reply has been filed by the respondents and counsel for the respondents prayed for dismissal of the present contempt petition. Counsel for the respondents while arguing the matter has relied upon a judgment of the Apex Court vide Annexure R/1 in the matter of Rajasthan Pradesh V.S. Sardarshahar and another Vs. U.O.I and others (Civil Appeal No. 5324/2007), whereby the Hon''ble Apex Court has held thus:

For the reasons recorded in the Reportable judgment which is placed on the file, Civil Appeal arising out of SLP (c) No. 21043 of 2000 is allowed and it is held that a person who acquired the certificate, degree or diploma from Hindi Sahitya Sammelan Prayag after 1967 is not eligible to indulge in any kind of a medical practice.

All other Civil Appeals are dismissed. No costs.

Counsel for the respondents vehemently urged that the applicants did not possess the qualification required under the Act and have degree from Hindi Sahitya Sammelan Prayag, hence would not be able to practice in medicine as directed by the Apex Court. Counsel for the respondents, however, candidly admitted that the representation of the applicants has not been decided in the light of the dictate of the Hon''ble Supreme Court, however, he insisted that no contempt has been committed.

Counsel for the applicants has refuted the fact that the ratio laid down by the Apex Court would be applicable in the case of the present applicants.

In view of the above submissions and considering the peculiar facts and circumstances of the case, I find that this contempt petition can be disposed of with a direction to the respondents to decide the representation of the applicants in accordance with the provision of law within the period of four weeks from the date of receipt of certified copy of this order by a speaking order and communicate same to the applicants immediately thereafter.

However, it is made clear that this Court is not making any observations on the merits of the case.

Accordingly, this contempt petition is disposed of.