S.J. Vazifdar, J.

1. Rule. By consent, Rule is made returnable forthwith and the Writ Petition is heard finally.

2. Respondent No.2 is the Secretary of the Medical Association and Medical Drugs Department of the State of Maharashtra; Respondent No.3 is the Joint Commissioner, Food and Drugs Administration of the State of Maharashtra; and Respondent No.4 is the Maharashtra Council of homoeopathy.

3. The petitioners seek a writ of certiorari to quash and set aside a circular dated 4th February, 2002, and an order dated 31st March, 2011. The petitioners also seek a writ of mandamus directing respondent Nos.1 and 2 to declare the medical practitioners having the qualification of Licentiate of Court of Examiners in Homoeopathy (L.C.E.H.) as persons practicing the modern scientific system of medicine for the purposes of the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945; directing the respondents to recognize under section 28 of the Maharashtra Medical Council Act, 1965, L.C.E.H., as one of the qualifications prescribed for entitling registration under the Maharashtra Medical Council Act, 1965; directing the respondents to allow medical practitioners possessing L.C.E.H. qualifications to practice the modern scientific system of medicine (Allopathy); restraining the respondents from taking any action against medical practitioners possessing an L.C.E.H. qualification under the provisions of the Drugs and Cosmetics Act, 1940 or the Drugs and Cosmetic Rules, 1945, for prescribing medicines under the modern scientific system of medicine and directing the respondents to withdraw the impugned orders.

4. The petitioner No.1 is an Association of doctors with a Licentiate of the Court of Examiners in Homoeopathy (L.C.E.H.). The members of the petitioner No.1 possess the said qualification. The L.C.E.H. course was started in the State of Maharashtra in the year 1951 and continued upto the year 1982. It was a four-year course. The last batch was admitted in the year 1982, including repeaters and the last person completed the course and was registered under the provisions of the laws, we will shortly refer to, in the month of October, 1987. There are today, only about 800 such persons. As the course has been discontinued, this number can only decrease and not increase.

5. It is necessary to trace the relevant enactments over the years.

6. The Bombay Homoeopathic Act, 1951 was brought into force on 23rd January, 1952. Sections 2(6), (9), (10), (11), 18(1), 21 and 29(1) thereof read as under:-

“2. in this Act, unless there is anything repugnant in the subject or context -

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(6) “practitioner” means a person who practices the Homeopathic system of medicine, as his principal occupation;

(9) “qualifying examination” means an examination in homeopathic system of medicine specified in Schedule I and includes any previous examination as a preliminary to such examination;

(10) “register” means a register of practitioners prepared and maintained under this Act;”

(11) “registered practitioner” means a practitioner whose name is for the time being entered in the register;

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18. (1) The State Government shall, as soon as may be, cause to be prepared a register of homoeopathic practitioners for the State.

21. After the constitution of the Board referred to in sub-section (1) of section 20, a person shall on payment of Rs.10 be entitled to have his name entered in the register, only if he possesses any of the qualifications specified in Schedule I.

29. (1) The course of studies and the examinations specified in Schedule I shall be the course of studies and the qualifying examinations held for the purpose of granting a diploma or a degree conferring the right of registration under this Act and such other course of studies and examinations as may, on the recommendation of the Board, be included in Schedule I by the State Government by notification in the Official Gazette.”

Schedule I insofar as