VAIDYA AFZAL MOHAMAD HUSEN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Mr. Gokhale, learned Assistant Government Pleader, waives service of notice By consent, heard forthwith.

(2.) THE petitioners are vaidyas practising in rural areas. They are unregistered medical practitioners. According to them, they are entitled to practice medicine under section 37 (1) and (2) of the Maharashtra Medical Practitioners Act, 1961 (hereinafter referred to as the "said Act" ). They are apprehending that they may be prosecuted by the police under section 33 (2) of the said Act for having contravened the provisions of section 33 (1 ). Section 33 (1) which provide that no person other than a medical practitioner who is registered practitioner having registered under the Acts specified in the said section shall practice any system of medicine in the State.

(3.) THERE is no dispute that similarly situated vaidyas filed Writ Petition No. 497 of 1992 and others which were disposed of by a Division Bench of this Court by order dated 3-12-1998. The learned Counsel appearing for both the parties state that this petition can also be disposed of giving similar directions.