Centre's approval required for Siddha Medical Institutions: HC

Madras High Court has declared as null and void, various sections of the Tamil Nadu Government Act, which provided for establishment of Siddha Medical Institutions, among other things, without the approval of the Centre. Disposing of the writ petitions filed by the Indian Siddha Medical Association and two others, Justice K Chandru, however, held as valid, sections of the Tamil Nadu Siddha System of Medicine ( Development and Registration of Practitioners) Act 1997, pertaining to development of Siddha System of Medicine, regulating practitioners of Siddha medicine, establishing a State Siddha Medical Council and providing for a state register, containing names of Siddha practitioners. The Judge said the Indian Medicine Central Council Act 1970, would have to be followed where the provisions of the state Act were held to be unconstitutional. Other sections of the act struck down relate to prescription of qualification and schedule and award of certificates. The Judge observed that the Supreme Court, while upholding the validity of an amendment to the Central Act, 1970, had held that it would have over-riding power over the state enactment. The sections of the state act struck down were 2(15), 3(1), 3(2), 13(1), 18(1a), 19(2), 25(1), 25(2), 26(1), 27 and 34.The petitioners had sought to declare the state act and a consequential Government Order of February 12, 1998 from the state department of health and family welfare as null and void.

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