Development Of Indian Medicine Like 'Siddha' Will Benefit Mankind But Not Much Attention Given After Independence: Madras High Court

The remarks were made by a bench of Justice SS Sundar and Justice B Pugalendhi while hearing a plea by the Government of Tamil Nadu to lift a prohibition order and to allow the demolition of the old Government Siddha Medical College at Palayamkottai. The State had proposed to establish a University for Indian Medicine at Chennai in 30 acres of land.

While the bench lauded the State's efforts to bring in a legislature viz, Tamil Nadu Siddha Medical University Act 2022, it suggested that the State should reconsider its decision to establish the new University in Chennai. The court added that the State should consider setting up the University in the Western Ghats where the Siddha system of medicine originated and where the system could reach its glory.

“While lauding the Government for having initiated steps to bring-in a legislature, viz., Tamil Nadu Siddha Medical University Act, 2022, which is now said to be pending with the Hon'ble Governor for his assent, we request the Government to reconsider the decision of establishing the Siddha University near Chennai and shall find a suitable place near the Western Ghats where this system actually blossomed and where it can reach its glory. The development of Indian System of Medicine would not only benefit the mankind, but also take the pride of this country to the entire world,” the court observed.

The bench pointed that even during the British period, the Indian System of Medicine, including Siddha, was recognized as a medicine in the Government Indian Medical School, which was established in the year 1924. However, it lamented that there is no proper patronage after independence.

Background

The Government Siddha Medical College which was originally functioning in Courtallam was shifted to Palayamkottai in 1964 temporarily. The temporary campus, however, did not have the required land and other infrastructure as per Section 34 of the Indian Medical Central Council Act. When the students agitated demanding proper infrastructure, the State assured that the same would be made available and thus mooted a proposal for establishing a separate University for Siddha and other systems of Indian Medicine.

In 2014, the Government proposed to demolish the Paediatric Ward, Green House, Car shed, etc to construct a Golden Jubilee Hall. Meanwhile, since no action was taken to construct the separate university, a former student approached the High Court which in turn directed the Government to give effect to the Government Order to establish the separate university.

The Government, however, without proceeding to establish the university, has attempted to demolish and renovate the existing college building. When a plea was filed against this action, the court passed an order forbearing the State from demolishing existing buildings. The State had filed the present plea to modify the earlier order and enable the Government to demolish the building.

The court noted that the college was allowed to function from a temporary place for the past 60 years for the convenience of the professor and the staff but lacked proper infrastructure. It noted that in 2012, the Central Council for Indian Medicine had refused permission to the Government Siddha Medical College at Palayamkottai citing a lack of infrastructure. This rejection was later set aside by the intervention of the High Court.

The court noted that when the State itself had agreed that there was no scope of expansion in the existing campus, what necessitated the State to spend more amount to the existing campus which did not fulfil any of the requirements.

Observing that the system of Siddha medicine emerged from the Western Ghats, the court observed that the State should make efforts to restore the College at Courtallam by utilising the funds available for the renovation. The court added that the State had to take decision in the interest of the Society at large instead of the convenience of Professors and staffs.

"We feel that the projects are often taken to Chennai for the convenience of the Administrators, rather than the requirements of the projects. Siddha medicine is basically of herbs, which would be available in plenty in forests."

Counsel for the Petitioner: Mr.Veera Kathiravan, Additional Advocate General Assisted by Mr.P.Thilak Kumar, Government Pleader

Citation: 2024 LiveLaw (Mad) 130

Case Title: The Government of Tamil Nadu v Dr.S.Vijay Vikraman

Case No: WMP(MD)No.8496 of 2023 in WP(MD)No.5149 of 2019