PARTHSARTHI Vs. MAHARASHTRA MEDICAL COUNCIL

JUDGEMENT

(1.) This writ petition is placed before Full Bench in view of the reference made by the learned Single Judge of this Court on 22.01.2020. Though the writ petition was disposed of by learned Single Judge by permitting respondent no. 1-Maharashtra Medical Council (hereinafter referred to as 'MMC') to withdraw the notice dated 01.09.2012, the learned Single Judge, in paragraph 21, observed thus:

(2.) Accordingly, this Full Bench was constituted. Judgment in Saroj Iyer and another v. Maharashtra Medical (Council) of Indian Medicine, Bombay and another , 2002 1 MhLJ 737 was delivered by Division Bench (R.M.Lodha and Smt. Nishita Mhatre, JJ.) of this Court and judgment in (Dr.) Megha Mahendra Topale v. Navi Mumbai Municipal Corporation and others , 2014 5 MhLJ 323, was delivered by Division Bench (A. S. Oka and A. S. Chandurkar, JJ.) of this Court.

(3.) As per learned Single Judge, there is a conflict of views in these two cases. This reference was placed before us on 11.12.2020. On the said day, because Writ Petition No. 999/2018 in which reference is made was disposed of on 22.01.2020, we invited learned members of the Bar to address the Court on the following questions in order to reach to the correct position of law in respect of the issue referred to the Full Bench. The questions, which we formulated are as under: