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2013 Supreme(Bom) 829

S.J.VAZIFDAR, MRIDULA BHATKAR
LCEH Doctors' Association – Appellant
Versus
State of Maharashtra, through Government Pleader – Respondent


Advocates appeared:
For the Petitioners:A.A. Kumbhakoni with Ms. Gitanjali Prabhu i/b Ramchandra Yadav, Advocates.
For the Respondents: R1 to R3, G.W. Mattos, AGP.

JUDGMENT :-

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 p

















































































































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