Transitional protection for Indian medicine practitioners does not extend to later-acquired unrecognised qualifications.

Section 17(2) bars practice in Indian medicine by persons without recognised qualifications, and Section 17(3) is a transitional protection limited to those who were already enrolled, enjoyed existing statutory privileges, or had been practising for the requisite period at the Act's commencement. That protection does not extend to persons who obtained the disputed Hindi Sahitya Sammelan, Prayag qualification after the Act came into force. The public notice restraining unqualified practice was therefore upheld, and the adequacy of the institution's educational standards was treated as a policy matter outside judicial interference.

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Issues: Whether practitioners holding degrees from the Hindi Sahitya Sammelan, Prayag after 1967 could claim protection under Section 17(3) of the Indian Medicine Central Council Act, 1970 to continue practice and registration in Indian medicine notwithstanding the bar under Section 17(2).

Analysis: Section 17(2) bars practice in Indian medicine by persons lacking the recognised qualifications prescribed by the Act. Section 17(3) operates only as a transitional safeguard for those who, at the commencement of the Act, were already enrolled on a State register, enjoyed statutory privileges under the then existing law, or had been practising Indian medicine for the requisite period where no register was maintained. The protection was intended to preserve existing rights and privileges, not to confer a fresh right on persons who acquired the disputed qualifications long after the Act came into force. The challenge to the public notice therefore could not succeed, and the question whether the institution's education standards were adequate was treated as a policy matter outside judicial interference.

Conclusion: The claimed practitioners were not entitled to the benefit of Section 17(3), and the public notice restraining unqualified practice was upheld.

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