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High Court dismisses review petition of Ayush Practitioners to practise allopathy

High Court dismisses review petition of Ayush Practitioners to practise allopathy

 Delhi High Court recently dismissed review petition of ISM practitioners finding no grounds for review

New Delhi:Finding no grounds for review, the double bench of Chief Justice Rohini and Justice Rajiv Sahai Endlaw in the Delhi High Court is reported to have dismissed the review petition filed by All India Medicines Graduates Association, almost closing all legal doors to allow AYUSH practitioners to practice allopathy .

The earlier judgement given by the hon’ble court had clearly implied that practitioners of Indian System of Medicines including BUMS, BAMS, BIMS, BHMS and other ISM practitioners, cannot be allowed to practice modern medicine under the provisions of the law

“….that the definition of  “Indian Medicine‟ in the Indian Medicine Act or of “integrated medicine‟ in DBCP Act or the Notification dated 19th May, 2004 of the CCIM cannot be read as entitling those registered in the State register of Indian Medicine maintained by DBCP to practise modern scientific system of medicine in any form regulated by the MCI Act and the DMC Act….”

Read : BIMS, BUMS, BAMS cannot prescribe allopathic medicines: High Court

Aggrieved with said decision of the Delhi High court of 8th April, 2016, the practitioners of ISM under the umbrella of All India Medicines Graduates Association filed a review petition with the hon’ble court.

One of the reasons cited by the counsels of the respondents ( that is organisations representing ISM) stated that no oral arguments had been made by them before the said order was reserved. However, the court clearly pointed out to the counsel  that enough chance was given to all parties to argue, however, as implied by the judgement, it was the counsel for the ISM practitioners who did not appear/chose to argue at that point. Hence this cannot be considered a reason for the review.

The court then went on to dismiss the review petition finding No grounds for review

You can read the full order by clicking on the following link

13 may 2016 order

 

6 comment(s) on High Court dismisses review petition of Ayush Practitioners to practise allopathy

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  1. user
    Dr Amol Pawar June 5, 2016, 7:41 am

    Its simple if u studied Ayurveda or homeopathy then u r enough skill to do ur practices…. why should practice allopathy which was not taught to u..

  2. user
    Dr.Thomas Antony May 30, 2016, 11:24 am

    If anyone wants to practice Modern Medicine, take the right track – study MBBS in a recognized medical college… no short cuts !

  3. Government should be very much serious while taking decisions to give necessary training to ayush doctors spending in those programme activities. Knowledge given means they should be allowed to do so. Otherwise money manpower and time will be otherwise waste.

  4. Ayush doctors had made a mockery of allopathy practice. Now they want the court to review their plea. What a joke??
    The govt. must become more vigilant & arrest all ayush docs practising modern medicine.

  5. user
    Dr Anindita jena May 28, 2016, 5:25 pm

    Why interested to practice allopathy, this not our study system .pls be sincere in ur own system and just try to be a very good physician in ur own field. I m also a ayush doctor but I strongly support d High court decision.

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