Dinesh Yadav S/O Rajaram Yadav v. The State Of Maharashtra And 2 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1703 OF 2018 Dinesh Yadav s/o Rajaram Yadav ...

Petitioner versus The State of Maharashtra and Ors.

...

Respondents Mr. Ajay Upadhyay, for Petitioner.

Mr. Hemant Haryan, AGP, for Respondent No.1 Mr. R.

V.Bansode, for Respondent No.2.

Ms. Anamika Malhotra, for Respondent No.3.

CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATE: 19 th JUNE, 2019 P.C.:

1.

According to the Petitioner, after obtaining his BHMS degree from Babasaheb Ambedkar Bihar University, Mujaffarpur, and completing his internship from Rameshwar Das Kedia Homeopathy Medical College and Hospital, Mothihari, he shifted to Mumbai to practise Homeopathy. He therefore made an Application seeking enrollment with the Maharashtra Council of Homeopathy at Mumbai (Respondent No.2). According to the Petitioner, though he has completed all the formalities for enrollment including obtaining an NOC from the State Board of Homeopathy, Bihar, Respondent No.2-Council has not enrolled his name on the ground that he has obtained his BHMS degree from the University of Bihar. He is therefore constrained to file the above Writ Petition seeking directions against SSP 1/2

12 wp 1703 of 2018.doc Respondent No.2 to give recognition to his qualification and enrol him in the Maharashtra State Council of Homeopathy. However, he has in the alternative also sought directions against Respondent No.2-Council to decide his application dated rd June, 2016 seeking registration/enrollment within a stipulated period. A copy of the said Application dated 23-06-2016 is now tendered in Court. The same is taken on record.

2.

The learned Advocate for Respondent No.2 states that if the Respondent No.2-Council is directed by this Court to consider the Application filed by the Petitioner within a stipulated period, they shall abide by such directions. In view thereof, the following order is passed :

(i) The Respondent No.2-Council shall dispose off the Application filed by the Petitioner dated 23-06-2016 within a period of four weeks from today. (ii)Respondent No.2-Council shall give a personal hearing to the Petitioner and/or his Advocate if they so desire. (iii)All contentions of the Petitioner are kept open. (iv)A copy of the Application dated 23-03-2016 shall be forthwith forwarded by the Advocate for the Petitioner to the Advocate for Respondent No.2. (v) The Writ Petition is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. ) SSP 2/2