HC directs govt not to shut-down clinics run by Unani, Panchkarma hospitals

Srinagar, March 23: The High Court of Jammu & Kashmir and Ladakh directed the government not to shut down operations of the clinics and establishments operated and run by Unani and PanchKarma Hospitals in disregard of the applicable rules.
Disposing a plea at its threshold, Justice Moksha Khajuria Kazmi directed the government not to take any action against the petitioner Hospitals in disregard of the applicable rules.
The court passed the directions in a plea filed by Unani and PanchKarma Hospitals seeking directions to allow the petitioner to run and operate the clinics duly registered under the provisions of law and not to shut them without following due process of law.
The petitioner had also sought directions to the respondents to adhere to the provisions of J&K Ayurvedic and Unani Practitioners Act of 1959 and rules made thereunder and consequently restrain the respondents from bringing the clinics run by the petitioner within the ambit of order issued by Director, Indian System of Medicines (ISM), J&K on August 16, 2018.
It was stated that petitioner holds the qualification of BUMS and with an intention to practice Unani System of Medicine within the jurisdiction of the State of J&K, he made an application before Registrar Board of Ayurvedic and Unani Systems of Medicine, J&K seeking his registration as a registered Unani Practitioner in terms of Section 16 of the Act of 1959.
The plea alleged that Director, ISM, under the guise of order issued in 2018 is causing hindrance to the operations of the clinics and establishments being operated and run by the petitioner under the name and style of Unani Panchkarma Clinics located at 08 different locations in Kashmir Valley.
The petitioner stated that respondents without any reason or logic have been forcing the petitioner to shut down the activities being undertaken by the petitioner while operating the hospitals.
It was contended that the order issued in 2018 does not bring into its ambit the operations of the clinics and establishments being run by the petitioner but the Director, ISM is bent upon to make applicable the said order to the establishments and clinics of the petitioner which is not only contrary to the terms of the order itself but in contravention of the statutory rights guaranteed to the petitioner in terms of the Act of 1959 and the rules made there under.
On the contrary, the respondents submitted that petitioner has questioned the order dated 16.08.2018 without any reason as no adverse action has been taken against the petitioner, therefore, the writ petition is premature and without substance.
Admitting the submission the counsel appearing for the petitioner submitted that no action has been taken against the petitioner, as such, he would feel satisfied if the writ petition is disposed of with the direction to the respondents not to take action against the petitioner without following the due course of law.
Justice Kazmi after hearing the parties said, “Be that as it may, the writ petition is taken up for final disposal at its threshold. The writ petition is, accordingly, disposed of with a direction to the respondents not to take any action against the petitioner in disregard of the applicable rules.”