New Delhi: The Supreme Court has held that
unqualified medical practitioners cannot be allowed to play
with the lives of the people and restrictions imposed on such
practice cannot be termed as illegal or unconstitutional.
"The court has a duty to strike a balance between the
right of a vaidya (Ayurvedic doctor) to practice, particularly,
when he does not possess the requisite qualification and the
right of a `little Indian` (common man) guaranteed under
Article 21 of the Constitution which includes the protection
and safeguarding the health and life of a public at large from
"An unqualified, unregistered and unauthorized medical
practitioner possessing no valid qualification, degree or
diploma cannot be permitted to exploit the poor Indians on the
basis of a certificate granted by an institution without any
enrolment of students or imparting any education or having any
affiliation or recognition and that too without knowing the
basic qualification of the candidates," a bench of Justices B
S Chauhan and Swatanter Kumar said in a judgement.
The apex court delivered its verdict while dealing
with a batch of cross appeals filed by certain Ayurvedic
doctors who obtained their degrees/diplomas from the Hindi
Sahitya Sammelan and the Centre which sought to restrain them
from practising as it not a recognised institute.
"Hindi Sahitya Sammelan itself admitted that the
society was not imparting any education. It had no affiliated
colleges. It merely conducts the test," the apex court said.
The bench pointed out that the Hindi Sahitya Sammelan
is neither a university/deemed university nor an educational
"It is a society registered under the Societies
Registration Act. It is not an educational institution
imparting education in any subject in as much as the Ayurveda or
any other branch of medical field," it said rejecting the plea
of those who obtained the so-called degrees after 1967 to