The High Court rejected a writ petition seeking a writ of mandamus to register the petitioner in the State Medical Register and permit practice, noting the petitioner failed to show satisfaction of legal requirements under the Maharashtra Medical Practitioners Act, 1961.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp-1583.14
1
pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1583 of 2014
Mr. Shyam Anant Kadam
… Petitioner
Vs.
Urban Development and Public Health Department and Anr.
… Respondents
Mr. Kuldeep Uttamrao Nikam, for the Petitioner.
CORAM : A.S. OKA & A. S. CHANDURKAR, JJ.
DATE : 8th AUGUST, 2014
P.C.
. Heard the learned counsel appearing for the Petitioner. The
first prayer in this Petition is for issuing a Writ of Mandamus directing the Respondents to register the name of the Petitioner in the State Medical Register. The learned counsel appearing for the Petitioner is unable to show us that the Petitioner satisfies the requirement of law so that his name can be registered in the State Medical Register. Admittedly, the Petitioner has not obtained Registration under the Maharashtra Medical Practitioners Act, 1961.
1 of 2
2 wp-1583.14
legislation to maintain a Special Register, no such Writ of Mandamus can be issued. As far as prayer clause (c) is concerned, unless the Petitioner obtains registration as a medical practitioner in accordance with law prevailing in the State, he cannot be permitted to practice medicine. Hence, no case is made out to entertain this Petition. Petition is rejected.
(A. S. CHANDURKAR, J ) (A.S.OKA, J )
2 of 2
3 issues framed by the court
Whether a Writ of Mandamus can be issued to register the petitioner in the State Medical Register without satisfying the requirement of law?
Whether the petitioner satisfies the requirement of the Maharashtra Medical Practitioners Act, 1961 for registration?
Whether a petitioner can be permitted to practice medicine without obtaining registration as a medical practitioner in accordance with law?
1 provisions across 1 enactments
Petitioner
Urban Development and Public Health Department and Anr.
A. S. Oka
A. S. Chandurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
