WPMS/206/2023
2023 Latest Caselaw 269 UK

SL.             Office Notes,
No.   Date   reports, orders or                   COURT'S OR JUDGE'S ORDERS
              proceedings or
               directions and
             Registrar's order
              with Signatures
                                  WPMS No. 206 of 2023
                                  Shri Sanjaya Kumar Mishra, J.

Mr. N. K. Papnoi, learned counsel for the petitioners.

Mr. J. S. Bisht, learned Standing Counsel for the State of Uttarakhand.

By filing this writ petition, the petitioner has prayed for the following reliefs:-

i. Issue a writ of mandamus or writ, order or direction in the nature of Mandamus commanding the respondents directing to respondents no. 2 and 3 not to seize the petitioner's clinic and also not to restrain the petitioner for prescribing general medicine/essential medical of Allopath system of medicine and further not to create undue hindrance and interruption for peaceful running of clinic. ii. Any other writ, order or direction, which this Hon'ble Court may deem fit and proper be passed in favour of the petitioners.

iii. Allow the writ petition with costs.

The learned counsel for the petitioners would submit that they being the diploma holder can prescribe the medicine to the patient.

He relies upon the judgment of the Hon'ble Supreme Court in the case of "Subhasis Bakshi & Others Vs. W.B. Medical Council and Others, (2003) 9 SCC 269", wherein the Supreme Court has held that in view of the notification issued by the Government of Bengal, a person holding diploma in Community Medical Services can prescribe medicine service. The said ratio is not applicable to this case, as there is no averment in the writ petition that the State of Uttarakhand has also issued such Government Order.

Hence, the writ petition is dismissed with a cost of Rs. 5,000/- to be deposited in the High Court Bar Association, Nainital within seven days, failing which, it shall be recovered from the petitioner by way of arrears of land revenue.

(Sanjaya Kumar Mishra, J.) 13.01.2023 (Grant urgent certified copy of this order, as per Rules) A/-