Case Note & Summary
The petitioners, five individuals holding certificates in Electropathy from the Registrar of Electropathy Medico's of India Society, Mumbai, filed a Criminal Writ Petition before the Bombay High Court seeking a direction to restrain the State of Maharashtra and police authorities from taking any prejudicial action against them for practicing Electropathy in Solapur District. They contended that a circular dated 18.3.1989 excluded institutions imparting education in Electropathy/Electrohomeopathy from actions against bogus doctors, and thus they should not be considered bogus doctors. The court heard the matter and noted that the learned advocate for the petitioners fairly conceded that a Division Bench of the same court in Electropathy Medicos of India v. State of Maharashtra & ors., reported in 2001 (4) Mh.L.J. 553, had already decided the issue against the petitioners. In that case, it was held that Electropathy is not a recognized system of medicine under the Maharashtra Medical Practitioners Act, 1961, and the circular does not confer any legal right to practice. Consequently, the court dismissed the petition, holding that the petitioners were not entitled to any protection.
Headnote
A) Medical Law - Recognition of Medical System - Electropathy - Maharashtra Medical Practitioners Act, 1961 - The petitioners sought protection from state action while practicing Electropathy, claiming certificates from a private society. The court held that Electropathy is not a recognized system of medicine under the Act, and the circular dated 18.3.1989 does not confer any legal right to practice. The petition was dismissed. (Paras 1-4)
Issue of Consideration
Whether the petitioners, holding certificates in Electropathy from a private society, are entitled to protection from prejudicial action by the State while practicing Electropathy in Maharashtra.
Final Decision
The petition was dismissed. The court held that the petitioners are not entitled to any protection as Electropathy is not a recognized system of medicine under the Maharashtra Medical Practitioners Act, 1961, and the circular dated 18.3.1989 does not confer any legal right to practice.
Law Points
- Electropathy is not a recognized system of medicine under the Maharashtra Medical Practitioners Act
- 1961
- Circular dated 18.3.1989 does not confer legal right to practice
- Petitioners cannot claim protection based on certificate from private society
Case Details
2005 LawText (BOM) (03) 58
Criminal Writ Petition No. 124 of 1997
R.M.S. Khandeparkar, P.V. Kakade
Mr. Girish Godbole for the petitioners, Mr. B.H. Mehta, A.P.P. for the respondents
Dr. Vitthal Chanappa Kompalli, Dr. Motiram Vijay Gunnal, Dr. Mrs. Shashikala Shriniwas Boqam, Dr. Sayyad Parvez Bashir, Dr. Malleshwar Rukman Yedake
State of Maharashtra, The Commissioner of Police, Solapur City, The District Superintendent of Police, Dist. Solapur
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Nature of Litigation
Criminal Writ Petition seeking direction to restrain state authorities from taking prejudicial action against petitioners for practicing Electropathy.
Remedy Sought
Petitioners sought a direction against respondents to restrain them from taking any prejudicial action against the petitioners for practicing Electropathy in Maharashtra, particularly in Solapur District.
Filing Reason
Petitioners claimed they held certificates in Electropathy from a private society and relied on a circular dated 18.3.1989 to assert they should not be considered bogus doctors.
Previous Decisions
A Division Bench of the Bombay High Court in Electropathy Medicos of India v. State of Maharashtra & ors., 2001 (4) Mh.L.J. 553, had already held that Electropathy is not a recognized system of medicine under the Maharashtra Medical Practitioners Act, 1961, and the circular does not confer any legal right to practice.
Issues
Whether Electropathy is a recognized system of medicine under the Maharashtra Medical Practitioners Act, 1961?
Whether the circular dated 18.3.1989 confers any legal right to practice Electropathy?
Submissions/Arguments
Petitioners argued that they hold certificates in Electropathy from a private society and are entitled to protection under a circular dated 18.3.1989 which excluded Electropathy institutions from actions against bogus doctors.
Respondents' counsel (APP) submitted that the issue is already covered by a Division Bench decision in Electropathy Medicos of India v. State of Maharashtra & ors., 2001 (4) Mh.L.J. 553, which held that Electropathy is not a recognized system of medicine.
Ratio Decidendi
Electropathy is not a recognized system of medicine under the Maharashtra Medical Practitioners Act, 1961, and a circular cannot confer a legal right to practice. The petitioners cannot claim protection based on certificates from a private society.
Judgment Excerpts
The learned advocate for the petitioners, however, fairly conceded that the Division Bench of this Court in the case of Electropathy Medicos of India v/s State of Maharashtra & ors., reported in 2001 (4) Mh.L.J. 553, has already decided the issue against the petitioners.
In view of the above, the petition is dismissed.
Procedural History
The petitioners filed Criminal Writ Petition No. 124 of 1997 before the Bombay High Court seeking protection from state action. The court heard the matter and dismissed the petition on 22nd March 2005, relying on a prior Division Bench decision.
Acts & Sections
- Maharashtra Medical Practitioners Act, 1961:
