Page No.# 1/11 GAHC040005012025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/148/2025 Dr Lopa Gadi and 36 Ors Son of Late Keglo Gadi, presently posted at CHC Doimukh, Arunachal Pradesh, PO and PS Doimukh, Papum Pare District, Arunachal Pradesh. 2: Dr Nangram Yapang (MO) Age: Occupation : Wife of Dr Atol Bengia presently posed at CHC Doimukh PO and PS Doimukh Arunachal Pradesh. 3: Dr Yamoni Batak Age: Occupation : Wife of Shri Tater Nima presently posed at PHC Hollongi PO and PS Itanagar Arunachal Pradesh. 4: Dr Nyami Nyodu SMO/SG Age: Occupation : Son of Late Paknya Nyodu presently posted at District Hospital Basar PO and PS Basar Arunachal Pradesh. 5: Dr Manas Kalita (MO) Age: Occupation : Son of Late Upendra Kalita presently posted at CHC Chowkham Page No.# 2/11 PO and PS Chowkham Arunachal Pradesh. 6: Dr Ram Prasad Deori (MO) Age: Occupation : Son of Shri Lakeshwar Deori Presently posted at District Hospital Namsai PO and PS Namsai Arunachal Pradesh. 7: Dr Nane Tatak (MO) Age: Occupation : Wife of Shri Shanam Yomso presently posed at PHC Lathao PO and PS Namsai Arunachal Pradesh. 8: Dr Takam Bagbi (SMO/SG) Age: Occupation : Son of Late Tadi Bagbi presently posted at CHC Maro PO and PS Dumporijo Upper Subansiri District Arunachal Pradesh. 9: Dr Yanga Bulo (MO) Age: Occupation : Daughter of Tayir Bulo presently posted at TD District Hospital Daporijo PO and PS Daporijo Upper Subansiri District Arunachal Pradesh. 10: Dr Dipen Saikia (SMO SG) Age: Occupation : Son of Late DK Chutia presently posted at CHC Dumporijo PO and PS Dumporijo Upper Subansiri District Arunachal Pradesh. Page No.# 3/11 11: Dr Hensam Jongsam (MO) Age: Occupation : Son of Late Samjan Jongsam presently posted at CHC Miao PO and PS Miao Arunachal Pradesh. 12: Dr Yalek Pabin Tamut (MO) Age: Occupation : Wife of Dr Siang Tamut presently posted at PHC Bolung PO and PS Boleng Arunachal Pradesh. 13: Dr Tangsen Techi (MO) Age: Occupation : Son of Late Tangjong Techi presently posted at District Hospital Longding PO and PS Longding Arunachal Pradesh. 14: Dr Sikha Rani Saikia (MO) Age: Occupation : Wife of Bhrigu Bora presently posted at CHC Kanubari PO and PS Kanubari Arunachal Pradesh. 15: Dr Taingam Wangsu (MO) Age: Occupation : Son of Shri Thankal Wangsu presently posted at CHC Kanubari PO and PS Kanubari Arunachal Pradesh. 16: Dr Gerik Jini (SMO/DANO) Age: Occupation : Daughter of Shri Doge Jini presently posted at DMO Office Aalo West Siang District Arunachal Pradesh. Page No.# 4/11 17: Dr Marli Ronya (SMO) Age: Occupation : Son of Shri Bommar Ronya presently posted at District Hospital Aalo PO and PS Aalo Arunachal Pradesh. 18: Dr Julion Gongo (MO) Age: Occupation : Daughter of Late Dr Tale Gongo presently posted at CHC Muri Mugli PO and PS Muri Mugli Arunachal Pradesh. 19: Dr Hano Yami MO Age: Occupation : Daughter of Bamin Hano Tari presently posted at Nido Techi District Hospital Raga PO and PS Raga Kamle District Arunachal Pradesh. 20: Dr Oten Taku (MO) Age: Occupation : Son of Shri Onget Taku presently posted at District Hospital Yingkiong PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 21: Dr Nabho Borang Age: Occupation : Son of Late Yorang Borang presently posted at District Hospital Yingkiong PO and PS Yingkiong Upper Siang District Arunachal Pradesh. 22: Dr Senpe Taipodia (SMO/DANO) Age: Occupation : Son of Late Gohen Taipodia Page No.# 5/11 presently posted at District Hospital Likabali Arunachal Pradesh. 23: Dr Nani Obing (MO) Age: Occupation : Son of Late Nani Pussang presently posted at PHC Deed PO and PS Deed Arunachal Pradesh. 24: Dr Yapi Tayang Age: Occupation : Daughter of Late C Tayang presently posted at CHC Sunpura PO and PS Sunpura Arunachal Pradesh. 25: Dr Lilimang Modi Tamin (DANO) Age: Occupation : Wife of Shri Lobom Tamin presently posted at District Hospital Bomdila PO and PS Bomdila Arunachal Pradesh. 26: Dr Foren Aran Age: Occupation : Son of Shri Ranmat Aran presently posted at District Hospital Khonsa PO and PS Khonsa Arunachal Pradesh. 27: Dr Namgey Dipho (DANO) Age: Occupation : Son of Shri Thakpey Tashi presently posted at District Hospital Tawang PO and PS Tawang Arunachal Pradesh. 28: Dr Pema Younton (MO) Age: Occupation : Daughter of Dorjee Mindu presently posted at District Hospital Tawang Page No.# 6/11 PO PS and District Tawang Arunachal Pradesh. . 29: Dr Tamang Tamuk (SMO) Age: Occupation : Son of Shri T Tamuk presently posted at PHC Jang PO PS and District Tawang Arunachal Pradesh. 30: Dr Keviseto Meru Age: Occupation : Son of Shri Mekhrie Meru presently posted at PHC Jang PO PS and District Tawang Arunachal Pradesh. 31: Dr Maga Rija Age: Occupation : Wife of Dr Taba Tade Goyang presently posted at Raj Bhawan Dispensary Itanagar PO and PS Itanagar Papum Pare District Arunachal Pradesh. 32: Dr Gamken Romin Age: Occupation : Son of Late Bomgam Romin presently posted at CHC Geku PO and PS Liromoba West Siang District Arunachal Pradesh. 33: Dr Yabom Bage Age: Occupation : Wife of C/o Rike Kamsi presently posted at UPHC Rakap Naharlagun Nyigam Colony (Lower Model Village) Naharlagun Po and PS Naharlagun Page No.# 7/11 Papum Pare District Arunachal Pradesh. 34: Dr Taku Tajo Renu Age: Occupation : Daughter of Taku Tajo presently posted at PHC Yachuli Keyi Panyor District Arunachal Pradesh. 35: Dr Koj Sunya Age: Occupation : Daughter of Dr Koj Tam presently posted at CHC Ziro Lower Subansiri District Arunachal Pradesh. 36: Dr Hibu Doley Age: Occupation : Son of Late Hibu Tajeng presently posted at Gyati Taka General Hospital Ziro Lower Subansiri District Arunachal Pradesh. 37: Dr Debashish Bora Age: Occupation : Son of Late D R Bora presently posted at PHC Kharsang Changlang District Arunachal Pradesh VERSUS The State of AP and Anr represented by its Secretary (Health and Family Welfare), Govt of Arunachal Pradesh, Itanagar 891111 2:The Director of (Health and Family Welfare) cum President Age: 0 Occupation : of Arunachal Pradesh Homeopathy Council and Arunachal Pradesh Council for Indian System of Medicine Govt of Arunachal Pradesh Itanagar Page No.# 8/11 Advocate for the Petitioner : Nani Anju, Keprunda Mena,Kinyak Loya,L Lombi Advocate for the Respondent : Taba Tagum, SC (Health and Family) BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER Date : 23.10.2025 Heard Ms. N. Anju, learned counsel for the petitioner. Also heard Mr. T. Tagum, learned standing counsel for Health & Family Welfare Department. 2. The instant writ petition is filed by some of the Doctors registered under the Homeopathy Council Act and by some Doctors registered under the Indian System of Medicine Act, 2020, who are also generally known as Ayush Doctors. 3. Ms. N. Anju, learned counsel for the petitioner submits that the case of the petitioners is that the respondent authorities vide notification dated 18.12.2007, had directed that the Ayush Doctors were to perform hospital duties in the emergency and casualty wards. The petitioners have however, expressed apprehension that there being qualified for Homeopathic and Ayurvedic treatment are barred and restricted from prescribing allopathic drugs unless specifically authorized by the State or Central Government as per the National Commission for Homeopathic Act, 2020 and National Commission for Indian System of Medicine Act, 2019. 4. The learned counsel submitted that the Ayush Doctors in the State of Arunchal Pradesh have been made to attend medical emergency duties and thereby were some times required to prescribed and dispense allopathic drugs without any specific authorization or notification from the State Government. Page No.# 9/11 The Ayush Doctors/petitioners had made several representations seeking clarification from the respondent authorities but till date, they have not received any clarification nor has any authorization or direction issued for the Ayush Medical Doctors to prescribe allopathy medicines even though the Ayush Doctors have been deployed in emergency duties and are equally made responsible for delivering primary health care services in the Districts of the State. 5. The learned counsel for the petitioners submits that the State of Maharashtra, Chhattisgarh and Tamil Nadu, the Ayush practitioners have been allowed to use Allopathic medicines as a mode of treatment by issuing circulars from time to time. However, in spite of various representations made by the Ayush Doctors/petitioners, the State respondents have failed to issue any notification or make any clarification to the queries made by the petitioners and hence, the instant writ petition. 6. Mr. T. Tagum, learned standing counsel for Health & Family Welfare Department, on the other hand, submitted that the Government Hospitals in Arunachal Pradesh and the health facilities at the District Hospitals, Community Health Centers, Primary Health Centers etc. are co-located to provide health care services under the Ayush and Allopathy Doctors, who are trained to perform their duties as per their scope and limitation, in their respective systems of medicines. The Ayush Doctors posted in such health facilities are made to attend medical emergency duties, however, in none of the orders issued by the respondent authorities have the respondent authorities directed the Ayush Doctors/petitioners to prescribed medicines for which the specific doctors are not trained. He submitted that the Ayush Medical Doctors have not been Page No.# 10/11 assigned the work of Allopathy Doctors nor are they assigned to prescribe medicines for which they are not trained. 7. The learned standing counsel submitted that the impugned order dated 18.12.2007 has been misinterpreted and therefore, the instant writ petition may be dismissed and disposed of. 8. This court has considered the submissions made by the learned counsels for both the parties and has also perused the impugned letter dated 18.12.2007, wherein the letter is addressed to the District Medical Officer, all the Districts, Arunachal Pradesh by the Mission Director (NRHM), Directorate of Health Services, Arunachal Pradesh, Naharlagun mentioning that the main streaming of Ayush under NRHM envisages involvement of Ayush Medical Officers into the main stream (Allopathy) in all the health facilities of the State. The process includes participation of Ayush MO in delivering emergency duties similar to Allopathy Medical Officer. The letter also mentions that “It must be ensured that they perform emergency duty just as Allopathy Medical Officers are performing in different health facilities.” 9. On perusing of the said impugned letter, it is seen that there is no specific mention that the Ayush Doctors are required to prescribed Allopathy medicines, though they are required to perform emergency duty just as allopathy Medical Officers. It is also seen that the State respondents in their counter-affidavit has clearly stated that the Ayush Doctors while performing their emergency duty are not required to prescribe medicines beyond their training or their scope. 10. In view of the submission made by the learned standing counsel for the respondents and on perusal the documents on record, this court find it Page No.# 11/11 appropriate to dispose of the instant writ petition with an observation that the Ayush Doctors/petitioners while performing their emergency duties need not prescribed Allopathic medicines, but in a confine to what they are trained for and as per the National Commission of Homeopathy Act, 2020 and the National Commission of Indian System of Medicine Act, 2020. This court, however observes that since the petitioners are not authorized to prescribed Allopathic medicines, it would be in the interest of general public if there are parallel Allopathy Doctors posted in places requiring emergency duties along with the Ayush Medical Officers which would be in the interest of general public to ensure that the patient received timely medical care in emergency cases. 11. WP(C) No. 148(AP)/2025 stands disposed of as above. JUDGE Comparing Assistant