Case Note & Summary
The petitioners, LCEH Doctors' Association and two individual doctors holding L.C.E.H. (Licentiate of Court of Examiners in Homoeopathy) qualifications, filed a writ petition in the Bombay High Court challenging a circular dated 4th February 2002 and an order dated 31st March 2011. The circular and order restricted L.C.E.H. holders from practicing the modern scientific system of medicine (Allopathy) and from being registered under the Maharashtra Medical Council Act, 1965. The petitioners sought a declaration that L.C.E.H. is a qualification in modern scientific medicine for the purposes of the Drugs and Cosmetics Act, 1940 and Rules, 1945, and a mandamus directing the respondents to recognize L.C.E.H. under section 28 of the Maharashtra Medical Council Act, 1965. The respondents, including the State of Maharashtra and the Maharashtra Council of Homoeopathy, opposed the petition. The court examined the nature of the L.C.E.H. qualification and found that it is a homoeopathy qualification, not a qualification in modern scientific medicine. The court held that the circular and order were valid and did not violate any legal rights of the petitioners. The petition was dismissed with no order as to costs.
Headnote
A) Medical Law - Qualification Recognition - L.C.E.H. as Homoeopathy Qualification - L.C.E.H. is a qualification in homoeopathy, not in modern scientific system of medicine - The court held that the circular and order restricting L.C.E.H. holders from practicing allopathy are valid and do not require interference (Paras 1-23).
Issue of Consideration
Whether holders of L.C.E.H. (Licentiate of Court of Examiners in Homoeopathy) qualification are entitled to practice the modern scientific system of medicine (Allopathy) and to be registered under the Maharashtra Medical Council Act, 1965.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- L.C.E.H. qualification is a homoeopathy qualification
- not a qualification in modern scientific system of medicine
- Interpretation of Drugs and Cosmetics Act
- 1940 and Rules
- 1945
- Scope of writ jurisdiction under Article 226
Case Details
2013 LawText (BOM) (04) 26
Writ Petition No. 1208 of 2011
S.J. Vazifdar, Mridula Bhatkar
Mr. A.A. Kumbhakoni with Ms. Gitanjali Prabhu i/b Mr. Ramchandra Yadav for the Petitioners, Mr. G.W. Mattos, AGP, for the Respondent Nos.1 to 3
LCEH Doctors' Association, Dr. Vijay Pushottam Pattani, Dr. Vinod Mohanraj Jain
State of Maharashtra, Secretary, Medical Education and Medical Drugs Department, Joint Commissioner, Food and Drugs Administration, Maharashtra Council of Homoeopathy
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging circular and order restricting L.C.E.H. holders from practicing allopathy.
Remedy Sought
Quashing of circular dated 4th February 2002 and order dated 31st March 2011; declaration that L.C.E.H. is a qualification in modern scientific medicine; mandamus to recognize L.C.E.H. under section 28 of Maharashtra Medical Council Act, 1965; direction to allow L.C.E.H. holders to practice allopathy; injunction against action under Drugs and Cosmetics Act.
Filing Reason
Petitioners, holders of L.C.E.H. qualification, were restricted from practicing modern scientific system of medicine by the impugned circular and order.
Issues
Whether L.C.E.H. qualification entitles holders to practice modern scientific system of medicine (Allopathy)?
Whether the impugned circular and order are valid?
Submissions/Arguments
Petitioners argued that L.C.E.H. is a qualification in modern scientific medicine and they should be allowed to practice allopathy.
Respondents argued that L.C.E.H. is a homoeopathy qualification and does not entitle holders to practice allopathy.
Ratio Decidendi
L.C.E.H. is a homoeopathy qualification, not a qualification in modern scientific system of medicine. Therefore, holders of L.C.E.H. are not entitled to practice allopathy or to be registered under the Maharashtra Medical Council Act, 1965 for that purpose.
Judgment Excerpts
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.
Procedural History
Writ Petition No. 1208 of 2011 filed in Bombay High Court. Rule issued and heard finally by consent.
Acts & Sections
- Drugs and Cosmetics Act, 1940:
- Drugs and Cosmetics Rules, 1945:
- Maharashtra Medical Council Act, 1965: Section 28
