Kohima, March 12 (MExN): The Gauhati High Court, Kohima Bench, has dismissed three intra-court appeals filed by Class ‘B’ Homeopathy practitioners against the Nagaland government's Public Notice dated August 10, 2016, which mandated personal appearance and submission of documents for licence renewal.
The appellants, registered under the Nagaland Homeopathic Medicine Act, 1996, challenged the notice, arguing it restricted their right to practise outside Nagaland.
The Division Bench of the GHCKB comprising of Justice Manish Choudhury And Justice Budi Habung, however, upheld public notice and an earlier single-judge common judgement on the issue.
In their appeals, the petitioners argued that their registration should allow them to practise not just in Nagaland but also in other states.
Citing Section 15(2)(b) of the Central Council of Homeopathy Act, they asserted that once enrolled on a State Register, they had the right to practise anywhere in India.
The petitioners challenged the Public Notice, asserting it imposed arbitrary restrictions on their practice rights.
However, the Counsels representing the Nagaland Government and the Board of Homeopathic System of Medicine, Nagaland, (Nagaland Board) countered that Class ‘B’ registration under the Nagaland Act only permits practice within the state.
They also highlighted that these licences are non-transferable, and for practitioners to work outside Nagaland, they must secure recognised medical qualifications and register in the Central or other State Registers.
The Public Notice was aimed at verifying credentials for licence renewal, not restricting legitimate practices, they contended.
Accordingly, the court ruled that Class ‘B’ licences issued by the Board are strictly valid within Nagaland, as per Section 10 of the Nagaland Act.
It found no infirmity in the 2016 Public Notice which requested Class ‘B’ Homeopaths registered in the State of Nagaland to renew their licences, which, for one reason or the other, were not renewed since 2013, by submission of the requisite documents and personal appearance.
The Public Notice is a measure towards controlling the Homeopathic System of Medicine, the Court held, concurring with an earlier common Judgment and Order passed by a single judge on 20.09.2023, upholding the notice.
If any of the appellants is interested to renew licence granted earlier by the Nagaland Board, they can approach the competent authority for such renewal in terms of the 2016 Public Notice and accordance with the provisions of the Nagaland Act, it added.
Thereafter, the competent authority under the Nagaland Act can consider the case of such appellant on its own merits and strictly in terms of the provisions of the Nagaland Act and the Central Act, it added.
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