Jayanta Kumar Biswas, J. - (1.) THE petitioner in this WP under art. 226 dated February 10, 2012 is seeking the following principal relief: a) A writ of or in the nature of Mandamus thereby commanding the respondents, their men, agents, servants, subordinates, employees and/or assignees to issue registration in favour of the petitioner in terms of Section 23 read with Section 21 and also in terms of different provisions of the West Bengal Homoeopathic Medicine Act, 1963 and also in terms of the prayer/prayers made by the petitioner, thereby enabling the petitioner to joint the House Staffship forthwith; Section 21 of the West Bengal Homoeopathic System of Medicine Act, 1963 says who is entitled to registration as a Homoeopathic practitioner. Sub -section(1) of s. 21, being relevant, is quoted below: (1) Every person who possesses any qualification mentioned in paragraphs 1,2 or 3 of the Schedule shall, subject to the provisions of this Act, and on payment of such fee, as may be prescribed, be entitled to have his name entered in Part A of the Register.
(2.) SECTION 23 of the West Bengal Homoeopathic System of Medicine Act, 1963 is quoted below: 23. Information required of applicant for registration, - -(1) Every person who desires to have his name entered in the Register shall submit to the Registrar an application in the prescribed form stating - (a) particulars of his qualifications, (b) the period for which he has been in practice, and (c) his address which is to be his registered address. (2) Every application shall be accompanied by the prescribed fee and such proof as may be available or necessary in support of the qualifications stated in the application. Paragraphs 1,2 and 3 of the Schedule to the Act are quoted below: 1. Any degree or diploma or certificate conferred or granted on passing the final examination held by the General Council and State Faculty of Homoeopathic Medicine, West Bengal, the Council, any University or by any statutory institution recognized by the State Government. 2. Any other diploma or certificate conferred or granted by the Council which is declared by the Council with the approval of the State Government to be a sufficient qualification for registration as a Homoeopathic practitioner. 3. Any degree or diploma or certificate conferred or granted by any University institution or authority within or outside the State: Provided that such degree or diploma or certificate has been recognized by the General Council and State Faculty of Homoeopathic Medicine, West Bengal, or is recognized by the Council, with the approval of the State Government or by the Central Council as a sufficient qualification for registration as a Homoeopathic practitioner.
(3.) FROM the provisions of ss. 21 and 23 of the Act and paras. 1, 2 and 3 of the Schedule to the Act it is evident that only a person who has been conferred with a degree or diploma, or granted a certificate by the General Council and State Faculty of Homoeopathic Medicine, West Bengal, the Council, a university or a statutory institution recognised by the State Government, is entitled to apply for registration under s. 21.;