The case emerged from a petition filed by a resident of Porbandar, who alleged that an Ayurvedic doctor practising in Ranavav town of the Porbandar district was treating patients using allopathic methods despite holding a Bachelor of Ayurvedic Medicine and Surgery (BAMS) degree. Under existing regulations, practitioners trained in Ayurveda are not authorised to practise allopathy independently.
According to a report by The Times of India, the petitioner, through his counsel Hemal Shah and Dhwani Lakhani, informed the court that he had earlier approached the National Commission for Indian System of Medicine with a complaint alleging that the practitioner was prescribing allopathic medicines. While limited use of certain allopathic drugs for primary care is permitted under specific guidelines, the lawyers contended that the doctor had gone beyond this scope and prescribed potent medicines, including Schedule H drugs.
The daily further reported that the National Commission, in October 2025, forwarded the complaint to the Gujarat Board of Ayurvedic and Unani Systems of Medicine, an authority empowered to take disciplinary action in such matters. However, the board allegedly failed to initiate any action, prompting the petitioner to seek judicial intervention.
The petitioner subsequently approached the High Court, requesting directions to the concerned authorities to act in accordance with the law and ensure regulatory compliance in medical practice.
During the hearing, the government’s counsel argued that the petitioner ought to have filed a public interest litigation instead, as he was neither directly affected nor seeking personal relief, but was raising an issue concerning a single practitioner.
Responding to this submission, Justice Aniruddha Mayee observed that the writ petition sought appropriate directions to statutory authorities to discharge their legal duties. The High Court thereafter issued notices to the state government, the Commissioner of Health, the National Commission for Indian System of Medicine, the Gujarat Board of Ayurvedic and Unani Systems of Medicine, the district and taluka health officers, the Gujarat Medical Council, and the Ayurveda practitioner accused of practising allopathic medicine.
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