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1991 Supreme(SC) 266

K.JAGANNATHA SHETTY, YOGESHWAR DAYAL, R.M.SAHAI
State Of Orissa – Appellant
Versus
Radheshyam Nanda – Respondent


JUDGMENT

 This is an appeal from a. decision of the High Court of Orissa which allowed the claim of the respondent for appointment as a Medical Officer in Homoeopathic Dispensary.

2. The respondent is a registered Homoeopathic Practitioner within the meaning of S. 21 of the Orissa Homoeopathic Act, 1956 which is hereinafter referred to as the "State Act". There is also a Central enactment called Homoeopathic Central Council Act, 1973 (Act No. 59 of 1973) on the same subject, which is hereinafter referred to as the "Central Act. "

3. The respondent was originally holding the post of Distributor and thereafter he was appointed as Medical Officer in a Homoeopathic Dispensary. After coming into force of the Central Act, the respondent was reverted to his original post of Distributor. The reversion was based perhaps on the ground that the respondent was not duly qualified to hold the post of Medical Officer in the dispensary in view of the bar imposed either by the Central Act or by the State Act. The validity of reversion was challenged before the High Court by means of a writ petition under Art. 226 of the Constitution. There were several other petitions filed by the similarly reverted























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