LCEH DOCTORS' ASSOCIATION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(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 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.