LAWS(SC)-2023-1-71

BAHARUL ISLAM Vs. INDIAN MEDICAL ASSOCIATION

Decided On January 24, 2023
BAHARUL ISLAM Appellant
V/S
INDIAN MEDICAL ASSOCIATION Respondents

JUDGEMENT

(1.) Leave granted.

(2.) In these appeals, the appellants have assailed the legality and correctness of the order dtd. 30/10/2014 passed by the Division Bench of the Gauhati High Court in W.P.(C) No. 5789/2005, whereby the High Court by allowing the Writ Petition struck down the Assam Rural Health Regulatory Authority Act, 2004 (hereinafter referred to as Assam Act or the State Act for the sake of brevity) which was enacted by the Assam State Legislature.

(3.) The facts giving rise to the present appeals and transferred cases, in a nutshell are that on 18/9/2004, the Assam Legislature enacted the Assam Act. The said Act was enacted to provide for the establishment of a regulatory authority in the State of Assam to register the Diploma holders in Medicine and Rural Health Care ("DMRHC"), to regulate their practice in medicine in rural areas and to regulate the opening of medical institutions to impart education and training for the course of Diploma in Medicine and Rural Health Care.