The Delhi High Court Wednesday sought the Centre and Delhi government's stand on a plea concerning the non-acceptance of medical fitness certificates issued by Ayush and Unani doctors and other practitioners of Indian practitioners of medicine for online registration or renewal of driving licenses even though such certificates are accepted offline. Justice Rekha Palli, who was hearing a plea by an association of Ayurveda and Unani practitioners Integrated Medical Practitioners (AYUS), granted time to counsel for the Centre and Delhi government to take instructions on the plea.
Counsel for the petitioner Tanya Agarwal informed the court that Transport Department's software 'Sarathi' provided that practitioners holding only MBBS degree were eligible to issue fitness certificate while excluding the thousands of practitioners of Indian System of Medicine, including Ayurveda and Unani doctors. Prima facie, what you are saying is correct.. It could be a mistake, the judge said. The counsel responded "that's why our prayer is for modification of the software."
In the petition, the petitioner has stated that the practitioners of Indian System of Medicine all across the country are entitled to issue medical certificates under the existing legal system. Till February 2021 the Practitioners of Indian System of Medicine (Ayurveda, Unani, Siddha and Sowa-Rigpa Systems of Medicine) were authorized to issue medical certificate for the purposes of Fitness Certificate for registration/renewal of Driving Licenses, but from March 2021 the respondents have made some changes in its software (SARATHI) wherein it is now mentioned that the medical fitness certificate should be issued by M.B.B.S. doctors only, the petition said.
The plea said that non-acceptance of the medical certificate issued by the practitioners of the Indian System of Medicine was a sheer violation of their fundamental rights under Articles 19(1)(g), 14 and 21 as guaranteed by the Constitution as well as by existing and prevailing law. The matter would be heard next on September 3.
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