PRAKASH MOTIRAM KHOBRAGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is filed by a group of 84 doctors who are practising medicine at various places in rural Maharashtra. It is the contention of the petitioners that they have obtained the required degree and diploma in the faculty of Ayurveda, Unani, Homoeopathy, Electro-Homoeopathy, Biochemic, etc. and are rendering health services to the masses in rural areas, i. e. villages where there is no provision for medical facilities provided by the State.

(2.) IT is the contenting of the petitioners that the respondent/state is preventing them from practising medicine in their respective area of operation by invoking general provisions incorporated in Chapter VI of the Maharashtra Medical Practitioners Act, 1961 and particularly circulars issued under sections 33 and 35 of the Act. It is, therefore, submitted that the said provisions are violative of Articles 14, 19 (1) (g) and 21 of the Constitution of India as they impose unnecessary restrictions on the fundamental right of the petitioners to carry on medical profession. It is, therefore, prayed that the notification dated 13-3-1994 issued by the respondent-State which is addressed to the Police Commissioner and Superintendent of Police to proceed against the persons like the petitioners under sections 33 and 35 of the Maharashtra Medical Practitioners Act, 1961 deserves to be quashed and set aside. The petitioners further seek directions that the respondents should be asked to give a fixed programme for rehabilitation of the petitioners to practice any medicine like others and, in the meantime, should be allowed to continue with their practice.

(3.) ON behalf of the State, it is submitted that the petitioners are not entitled to continue with their practice in view of the fact that they do not hold the requisite qualification and are not registered as Medical Practitioners under the Maharashtra Medical Practitioners Act, 1961 and, therefore, they have no right to claim such a protection from the Court which would permit them to continue the practice in medicine which is prohibited under the Act.