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october 1998

Supreme Court of India · 1998-10-08

DR. MUKHTIAR CHAND & ORS. vs THE STATE OF PUNJAB & ORS.

Citation / case number
SC 1987/71093
Court
Supreme Court of India
Petitioner
DR. MUKHTIAR CHAND & ORS.
Respondent
THE STATE OF PUNJAB & ORS.
Author
SYED SHAH MOHAMMED QUADRI K.T.THOMAS
Bench
SYED SHAH MOHAMMED QUADRI K.T.THOMAS

Judgment text excerpt

The Supreme Court addressed the legality of notifications issued by state governments under Rule 2(ee) of the Drugs and Cosmetics Rules, 1945, which allowed Vaids and Hakims to prescribe allopathic drugs. The Court held that such notifications were ultra vires the Indian Medical Council Act, 1956, and thus invalid. The Court affirmed the High Court's dismissal of writ petitions challenging the prohibition against Vaids and Hakims from prescribing allopathic medicines, reinforcing the exclusive right of registered medical practitioners under the Drugs Act, 1940.

DR. MUKHTIAR CHAND & ORS. vs THE STATE OF PUNJAB & ORS. · Niyam