Vaidya Afzal Mohamad Husen v. State of Maharashtra & others
2000-01-14
P.S.PATANKAR, R.K.BATTA
body2000
DigiLaw.ai
1. By consent, heard forthwith. 2. The petitioners are vaidyas practising in rural areas. They are unregistered medical practitioners. According to them, they are entitled to practice medicine under section 37(1) (2) of the Maharashtra Medical Practitioners' Act, 1961 (hereinafter referred to as the "said Act"). They are apprehending that they may be prosecuted by the police under section 33(2) of the said Act for having contravened the provisions of section 33(1). Section 33(1) which provide that no person other than a medical practitioner who is registered practitioner having registered under the Acts specified in the said section shall practice any system of medicine in the State. 3. There is no dispute that similarly situated vaidyas filed Writ Petition No. 497 of 1992 and others which were disposed of by a Division Bench of this Court by order dated 3-12-1998. The learned Counsel appearing for both the parties state that this petition can also be disposed of giving similar directions. 4. We may mention that the Government has issued a circular dated 18th March, 1989 giving guidance for initiating prosecution against the medical practitioners contravening the provisions of the said Act. 5. Hence, we pass the following order :- ORDER The respondents are directed that before initiating any action under the provisions of the said Act against the petitioners, the authorities shall keep in mind the provisions of section 37 of the said Act as also the notification dated 18th March, 1989 and first ascertain whether the concerned vaidya or practitioner falls under the category covered by section 37 and then alone, if circumstances so warrant, initiate the proceedings. The petition is disposed of accordingly. Certified copy expedited. -----