Bombay HC Rejects IMA Plea To Stop Registration Of CCMP-Qualified Homeopaths With MMC

Mumbai: The Bombay High Court on Wednesday refused to stay the registration of the eligible homoeopaths with the Maharashtra Medical Council (MMC), which will allow them to practice allopathy. A bench of Justices Riyaz Chagla and Farhan Dubash, however, clarified that all registrations will remain “subject to the final outcome” of the main petitions.

Court Issues Caveats for Homeopaths

The order came a day after the court passed oral observation that it's not inclined to stay the registration. However, on Wednesday, the court added caveats, asking homeopaths “not to transgress their competency, refer serious patients to their allopathic counterparts and adhere strictly to the scope of practice defined by the MMC”.

Petition Filed by IMA

The court made the remarks – meant to safeguard the interest of patients – in its detailed order, while disposing of the interim petition filed by the Indian Medical Association (IMA).

It had challenged the provision of allowing homoeopaths, who have completed the one-year Certificate Course in Modern Pharmacology (CCMP), to register with the MMC for practicing allopathy. The IMA had challenged the 2014 amendments to the MMC Act and the Maharashtra Medical Practitioners Act, which introduced the CCMP.

HC Clarifies Registration Will Not Prejudice IMA

Further, the court emphasised, the registration of CCMP practitioners would not prejudice the petitioner – IMA – as serious patients will be referred to fully qualified allopaths.

Background of the Order

The HC passed the order while disposing of the IMA's application challenging the recent communication, dated February 27, 2025, by the health minister, followed by written directions on April 24, directing the MMC to maintain a separate register of the CCMP-qualified doctors.

IMA Arguments Against CCMP Registrations

Senior advocate SU Kamdar, appearing for the IMA, argued that “homeopaths who have passed the course are not expressly permitted under the Indian Medical Council Act to practise modern science.” He submitted that the move was contrary to provisions of the IMC Act, while asserting, “We strongly believe this category should be prohibited in India.”

State Defends Policy

The state, through Advocate General Birendra Saraf, however, defended its policy, stating that the amendments were introduced to address the acute shortage of doctors in rural areas. Saraf submitted that the IMA’s application amounted to “a second bite at the cherry” as the high court had already rejected similar prayers in 2014 and again in 2016. “No new ground has arisen for the petitioner to seek the same relief,” he said.

Previous Orders Referenced

The bench noted that the December 2014 order had declined interim relief to IMA, holding that staying the amendments would adversely affect public health services. The court had then allowed the state to commence the CCMP course, subject to the final outcome of the petitions.

HC Reiterates Position

On Wednesday, the court reiterated that position. “Registration of candidates is only implementation of the (amended) Act, which itself has not been stayed,” the judges observed.

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They clarified that homeopaths qualifying through CCMP “shall not claim any equities by virtue of them having been registered”. None of the parties, respondents (Homeopathy Doctors Forum) or state, will claim equities, the bench added. The HC has scheduled the petitions for final hearing in November.

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