AYUSH practitioners can not practise modern medicine.
but they can utilise diagnostic battery such as Radiology Report, X-Ray, Complete Blood Picture Report, Lipids report, ECG for purposes of practising in the Indian system of medicine.
A division bench of Chief Justice G. Rohini and Justice Rrajiv Sahai Endlaw ,said: "No practitioner of Indian System of Medicine or holding a qualification as listed in the Schedule to the Indian Medicine Central Council Act, 1970, even if it be of in integrated medicine... of the DBCP Act, 1998, is entitled to practice modern scientific system."
The court's order came on a petition filed by Delhi Medical Association (DMA) an affliated wing of IMA.
PREVIOUSLY ALSO some state high courts ordered against crosspathy practise:
1. the High Court of Madras vide order dated 12th February, 2010 in W.P.(C) No.2907/2002 titled Dr. K. Abdul Muneer Vs. State of Tamil Nadu had ordered that it is not open to medical practitioners of other systems of medicine to claim right to practice in modern medicine .
2. the High Court of Gujarat also, vide order dated 12th June, 2001 in Special Civil Application No.511/1983 titled Gujarat State Branch of Indian Medical Association Vs. State of Gujarat has observed that diploma holders in Nature Cure and Hygiene cannot be treated as “medical practitioners” and cannot be allowed to practice in the Allopathic System of Medicine;
3. the High Court of Allahabad also in order dated 6th September, 2001 in W.P.(C) No.5896/2000 titled Dr. Mehboob Alam Vs. State of Uttar Pradesh has observed that Allopathic System of Medicine is not included in the definition of Indian System of Medicine and that a person holding a qualification recognized under the Indian Medicine Act in the system of Indian Medicine commonly known as Ashtang Ayurveda, Siddha or Unani Tibb is entitled to practice only in the discipline in which he has acquired qualification and not authorized to practice in Allopathic System of Medicine;
4. the High Court of Himachal Pradesh also vide order dated 20th July, 2007 in Criminal Revision No.90/2001 titled Sukhdev Chand Vs. State of Himachal Pradesh has directed that only a registered medical practitioner can stock, sell or exhibit for sale drugs falling under the ambit of Drugs & Cosmetics Act, 1940 (Drugs Act);
5. the High Court of Allahabad vide order dated 27th April, 2004 in Special Appeal No.320/2004 has also directed the State Government to ensure that the right to health of citizens is not affected by the practice of unauthorized medical practitioners.
PREVIOUSLY ALSO some state high courts ordered against crosspathy practise:
1. the High Court of Madras vide order dated 12th February, 2010 in W.P.(C) No.2907/2002 titled Dr. K. Abdul Muneer Vs. State of Tamil Nadu had ordered that it is not open to medical practitioners of other systems of medicine to claim right to practice in modern medicine .
2. the High Court of Gujarat also, vide order dated 12th June, 2001 in Special Civil Application No.511/1983 titled Gujarat State Branch of Indian Medical Association Vs. State of Gujarat has observed that diploma holders in Nature Cure and Hygiene cannot be treated as “medical practitioners” and cannot be allowed to practice in the Allopathic System of Medicine;
3. the High Court of Allahabad also in order dated 6th September, 2001 in W.P.(C) No.5896/2000 titled Dr. Mehboob Alam Vs. State of Uttar Pradesh has observed that Allopathic System of Medicine is not included in the definition of Indian System of Medicine and that a person holding a qualification recognized under the Indian Medicine Act in the system of Indian Medicine commonly known as Ashtang Ayurveda, Siddha or Unani Tibb is entitled to practice only in the discipline in which he has acquired qualification and not authorized to practice in Allopathic System of Medicine;
4. the High Court of Himachal Pradesh also vide order dated 20th July, 2007 in Criminal Revision No.90/2001 titled Sukhdev Chand Vs. State of Himachal Pradesh has directed that only a registered medical practitioner can stock, sell or exhibit for sale drugs falling under the ambit of Drugs & Cosmetics Act, 1940 (Drugs Act);
5. the High Court of Allahabad vide order dated 27th April, 2004 in Special Appeal No.320/2004 has also directed the State Government to ensure that the right to health of citizens is not affected by the practice of unauthorized medical practitioners.
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