MANISHA PRALHAD BHOSLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE grievance of the petitioner in the present petition is that her application for permitting her to practise in medicine has not been decided by respondents. A writ of mandamus is, therefore, sought directing the respondent-authorities to decide the application.

(2.) THE learned Counsel for the petitioner stated that the petitioner holds b. E. M. S. Degree Certificate and is a registered Electro Homeopathic Practitioner. It is the case of the petitioner that she made an application in the prescribed format. A copy of the said application is also placed on record of the petition. In the columns relating to qualification and knowledge regarding Ayurvedic Science, it has been stated that the petitioner is S. S. C. (Secondary School Certificate Examination) as also possesses degree of bachelor of Electropathy Medicine and Surgery (B. E. M. S.) and having "book Knowledge" and Medical Professional Experience. It is, therefore, submitted that it is obligatory on the respondents to decide the application keeping in view the educational qualifications and experience of the petitioner.

(3.) THE learned Additional Government Pleader, however, invited our attention to the provisions of the Maharashtra Medical Practitioners Act, 1961 (hereinafter referred to as "the Act" ). Section 37 of the said Act permits fa person to practise medicine in any rural area subject to the fulfilment of conditions laid down therein. Section 37 is in Chap. VI (General Provisions applicable to all Medical Practitioners ). Sub-section (2) of s. 2 of the Act reads :