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.