BAHARUL ISLAM & ORS. v. THE INDIAN MEDICAL ASSOCIATION AND ORS.

p. 1018 Copy page pinpoint

A Act, namely, the Assam Rural Health Regulatory Authority Act, 2004, is declared to be null and void, in view of the Assam Legislature not having the legislative competence to enact the said Law. (iv) Consequently, the subsequent legislation, namely, the Assam B Act of 2015 i.e., the Assam Community Professionals (Registration and Competency) Act, 2015, enacted pursuant to the judgment of the Gauhati High Court, is a valid piece of Legislation as it has removed the basis of the impugned judgment passed by the Gauhati High Court. The 2015 Act is also not in conflict with the IMC, Act, 1956. This is because the Central Act namely, IMC, Act, 1956 does not deal with Community Health Professionals who would practise as allopathic practitioners in the manner as they were permitted to practise under the Assam Act, in rural areas of the State of Assam. Hence, by a separate legislation the Community Health Professionals have been permitted to practise as such professionals. The said legislation of 2015 is not in conflict with IMC, Act, 1956 and the rules and regulations made thereunder. Hence, the Act of 2015 is not hit by Entry 66 of List I of the Constitution and is within the legislative competence of the State Legislature E under the Seventh Schedule of the Constitution.

26Copy pinpoint26. In the result, the Civil Appeals arising out of SLP(C) Nos. 32592-32593 of 2015 as well as TC (C) No. 24 of 2018 and TC (C) No. 25 of 2018 stand dismissed. Pending application(s), if any, shall stand disposed of. F

27Copy pinpoint27. Parties to bear their respective costs.

Bibhuti Bhushan Bose Appeals and Transferred cases dismissed. (Assisted by : Mrigank Pathak and Rahul Rathi, LCRA) G