Sinha, J. - (1.) This is a rule calling upon the respondents to show cause why a writ in the nature of mandamus should not be issued commanding the said respondents to rescind, withdraw or recall the notifications being Nos. P.H. 2209/2A-9/52, P.H. 2210/2A-9/52 and P.H. 2211/2A-9/52 dated 9-8-1952 published on 11-8-1952 in the extraordinary issue of the Calcutta Gazette, and why the said respondents, its servants and agents should not be restrained from giving effect to or taking any steps under or in pursuance of the said notifications and why such further orders should not be made as to the Court may seem fit and proper.
(2.) The application arises in the following way. The West Bengal Clinical Establishment Act, 1950 came into operation on 23-11-1950. The title of tile Act shows that it was an Act to introduce a system of registration and licensing in respect of clinical establishments and the preamble shows that it was expedient to introduce a system of registration and licensing in respect of such establishments.
(3.) In the Act, "clinical establishment" has been defined to mean a nursing home, a physical therapy establishment, a clinical laboratory or an establishment analogous to any of them, by whatever name called. Under Section 9 of the Act, the State Government has been given power to make rules for the purpose of carrying out the provisions of the Act. Such rules have been framed and are known as the West Bengal Clinical Establishment Rules, 1951. The original rules were published under notification No. Medl. 621/P.H.-2R-72/50 dated 11-2-1952. The rule No. 11, in so far as it relates to physical therapy establishments, runs as follows: "11. No licence for a clinical establishment shall be granted unless the licensing authority is satisfied that the applicant and the clinical establishment fulfil the following conditions: For Physical Therapy Establishment, (i) It is under the direct supervision of a properly qualified expert on the particular kind of treatment given in the establishment. (ii) Save as hereinafter provided the employees of the establishment and the person of persons giving the actual treatment shall have the proper qualifications from institutions approved by the State Government for imparting such treatment. (iii) In case the employees of the establishment and the person or persons giving the actual treatment do not possess the proper qualifications from institutions approved by the State Government, separate arrangements shall be made for the treatment of male patients and female patients in the Physical Therapy establishment; male employees shall be employed in the establishment meant for the treatment of male patients and female employees shall be employed in the establishment meant for the treatment of female patients and in such establishment it shall be prominently displayed whe- ther the establishment is meant for the treatment of male or female patients. (iv) Examination and treatment of female patients are conducted in the presence of a female agreed to by the patient." ;