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april 1992

Supreme Court of India · 1992-04-22

DR. A.K. SABHAPATHY vs STATE OF KERALA .

Citation / case number
SC 1983/64750
Court
Supreme Court of India
Petitioner
DR. A.K. SABHAPATHY
Respondent
STATE OF KERALA .
Author
S.C. AGRAWAL
Bench
S.C. AGRAWAL

Judgment text excerpt

The Supreme Court held that the first proviso to Section 38 of the Travancore-Cochin Medical Practitioners Act, 1953, is repugnant to Section 15 of the Indian Medical Council Act, 1956, and thus void under Article 254 of the Constitution of India. The Court clarified that the exemption granted by the State Government for practitioners with certain qualifications was inconsistent with the central law governing medical practice. Consequently, the notifications issued by the Government of Kerala were invalidated, affirming the supremacy of the central legislation in matters of medical qualifications and practice.

DR. A.K. SABHAPATHY vs STATE OF KERALA . · Niyam