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Bombay High Court

Sachin Vilas Solat vs The Secretary Public Health Department ... on 2 August, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

                                  901-WP-8454-2023++all group.odt



    IN THE HIGH COURT OF JUDICATURE OF BOMBAY
               BENCH AT AURANGABAD
        901 WRIT PETITION NO. 8454 OF 2023
          DR. DNYANDEO BHAGWAN KEMKAR
                     VERSUS
THE STATE OF MAHARASHTRA THR ITS SECRETARY, PUBLIC
      HEALTH DEPARTMENT, MUMBAI AND OTHERS
                        AND
         902 WRIT PETITION NO. 8455 OF 2023
         903 WRIT PETITION NO. 8456 OF 2023
         904 WRIT PETITION NO. 9765 OF 2023
         905 WRIT PETITION NO. 9766 OF 2023
         906 WRIT PETITION NO. 10952 OF 2023
         907 WRIT PETITION NO. 11007 OF 2023
         908 WRIT PETITION NO. 11008 OF 2023
         909 WRIT PETITION NO. 11147 OF 2023
         910 WRIT PETITION NO. 11170 OF 2023
         911 WRIT PETITION NO. 11205 OF 2023
         912 WRIT PETITION NO. 11206 OF 2023
         913 WRIT PETITION NO. 11207 OF 2023
         914 WRIT PETITION NO. 11208 OF 2023
         915 WRIT PETITION NO. 11209 OF 2023
         916 WRIT PETITION NO. 11244 OF 2023
         917 WRIT PETITION NO. 11246 OF 2023
         918 WRIT PETITION NO. 11247 OF 2023
         919 WRIT PETITION NO. 11248 OF 2023
         920 WRIT PETITION NO. 11249 OF 2023
         921 WRIT PETITION NO. 11250 OF 2023
         922 WRIT PETITION NO. 11697 OF 2023
         923 WRIT PETITION NO. 11698 OF 2023
         924 WRIT PETITION NO. 11699 OF 2023
         925 WRIT PETITION NO. 11700 OF 2023
         926 WRIT PETITION NO. 11701 OF 2023
         927 WRIT PETITION NO. 11703 OF 2023
         928 WRIT PETITION NO. 11704 OF 2023
          929 WRIT PETITION NO. 171 OF 2024
          930 WRIT PETITION NO. 172 OF 2024
          931 WRIT PETITION NO. 175 OF 2024
          932 WRIT PETITION NO. 186 OF 2024
          933 WRIT PETITION NO. 187 OF 2024

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                 (( 2 ))   901-WP-8454-2023++all group


 934 WRIT PETITION NO. 188 OF 2024
 935 WRIT PETITION NO. 258 OF 2024
 936 WRIT PETITION NO. 259 OF 2024
 937 WRIT PETITION NO. 260 OF 2024
 938 WRIT PETITION NO. 317 OF 2024
 939 WRIT PETITION NO. 318 OF 2024
 940 WRIT PETITION NO. 321 OF 2024
 941 WRIT PETITION NO. 322 OF 2024
 942 WRIT PETITION NO. 558 OF 2024
 943 WRIT PETITION NO. 559 OF 2024
 944 WRIT PETITION NO. 561 OF 2024
 945 WRIT PETITION NO. 598 OF 2024
 946 WRIT PETITION NO. 599 OF 2024
 947 WRIT PETITION NO. 601 OF 2024
 948 WRIT PETITION NO. 604 OF 2024
 949 WRIT PETITION NO. 663 OF 2024
 950 WRIT PETITION NO. 965 OF 2024
 951 WRIT PETITION NO. 967 OF 2024
952 WRIT PETITION NO. 1155 OF 2024
953 WRIT PETITION NO. 1157 OF 2024
954 WRIT PETITION NO. 1158 OF 2024
955 WRIT PETITION NO. 1175 OF 2024
956 WRIT PETITION NO. 1205 OF 2024
957 WRIT PETITION NO. 2221 OF 2024
958 WRIT PETITION NO. 2222 OF 2024
959 WRIT PETITION NO. 2236 OF 2024
960 WRIT PETITION NO. 2239 OF 2024
961 WRIT PETITION NO. 3684 OF 2024
962 WRIT PETITION NO. 3687 OF 2024
963 WRIT PETITION NO. 4959 OF 2024
964 WRIT PETITION NO. 4960 OF 2024
965 WRIT PETITION NO. 4961 OF 2024
966 WRIT PETITION NO. 4962 OF 2024
967 WRIT PETITION NO. 4964 OF 2024
968 WRIT PETITION NO. 7610 OF 2024
               AND
   WRIT PETITION NO. 7611 OF 2024
                AND
   WRIT PETITION NO. 7612 OF 2024
969 WRIT PETITION NO. 2856 OF 2018



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                                (( 3 ))   901-WP-8454-2023++all group


              970 WRIT PETITION NO. 4516 OF 2022
   AND WRIT PETITION NO. 13007 OF 2022 AND WRIT PETITION NO.
 12122 OF 2022 AND WRIT PETITION NO. 12740 OF 2022 AND WRIT
PETITION NO. 12739 OF 2022 AND WRIT PETITION NO. 12132 OF 2022
   AND WRIT PETITION NO. 13005 OF 2022 AND WRIT PETITION NO.
  12180 OF 2022 AND WRIT PETITION NO. 12125 OF 2022 AND WRIT
                    PETITION NO. 13006 OF 2022
                               AND
                971 WRIT PETITION NO. 7211 OF 2022
                972 WRIT PETITION NO. 7242 OF 2022
                973 WRIT PETITION NO. 7251 OF 2022
                974 WRIT PETITION NO. 7258 OF 2022
                975 WRIT PETITION NO. 9395 OF 2022
 AND WRIT PETITION NO. 124 OF 2017 AND WRIT PETITION NO. 6295
 OF 2019 AND WRIT PETITION NO. 7918 OF 2019 AND WRIT PETITION
   NO. 608 OF 2017 AND WRIT PETITION NO. 590 OF 2015 AND WRIT
 PETITION NO. 844 OF 2016 AND WRIT PETITION NO. 411 OF 2019 AND
   WRIT PETITION NO. 824 OF 2016 AND WRIT PETITION NO. 1562 OF
2017 AND WRIT PETITION NO. 1653 OF 2017 AND WRIT PETITION NO.
    1017 OF 2015 AND WRIT PETITION NO. 2223 OF 2022 AND WRIT
  PETITION NO. 2885 OF 2017 AND WRIT PETITION NO. 2328 OF 2017
AND WRIT PETITION NO. 1442 OF 2018 AND WRIT PETITION NO. 1676
OF 2022 AND WRIT PETITION NO. 1582 OF 2022 AND WRIT PETITION
NO. 5903 OF 2019 AND WRIT PETITION NO. 1583 OF 2015 AND WRIT
  PETITION NO. 2191 OF 2018 AND WRIT PETITION NO. 2098 OF 2016
AND WRIT PETITION NO. 2223 OF 2016 AND WRIT PETITION NO. 1736
OF 2016 AND WRIT PETITION NO. 2010 OF 2017 AND WRIT PETITION
NO. 2011 OF 2017 AND WRIT PETITION NO. 2012 OF 2017 AND WRIT
  PETITION NO. 2738 OF 2020 AND WRIT PETITION NO. 1980 OF 2016
AND WRIT PETITION NO. 1970 OF 2016 AND WRIT PETITION NO. 3322
OF 2017 AND WRIT PETITION NO. 2753 OF 2018 AND WRIT PETITION
NO. 6287 OF 2019 AND WRIT PETITION NO. 6846 OF 2019 AND WRIT
  PETITION NO. 2893 OF 2020 AND WRIT PETITION NO. 4162 OF 2022
AND WRIT PETITION NO. 4037 OF 2022 AND WRIT PETITION NO. 4161
OF 2022 AND WRIT PETITION NO. 6973 OF 2019 AND WRIT PETITION
NO. 7794 OF 2019 AND WRIT PETITION NO. 7795 OF 2019 AND WRIT
  PETITION NO. 7810 OF 2019 AND WRIT PETITION NO. 3634 OF 2020
AND WRIT PETITION NO. 3625 OF 2018 AND WRIT PETITION NO. 5874
     OF 2017 AND WRIT PETITION NO. 5903 OF 2017 AND WRIT
  PETITION NO. 5902 OF 2017 AND WRIT PETITION NO. 3076 OF 2018
AND WRIT PETITION NO. 3921 OF 2017 AND WRIT PETITION NO. 7251
OF 2019 AND WRIT PETITION NO. 4426 OF 2018 AND WRIT PETITION
NO. 3677 OF 2018 AND WRIT PETITION NO. 4049 OF 2020 AND WRIT
  PETITION NO. 4097 OF 2017 AND WRIT PETITION NO. 6294 OF 2019

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AND WRIT PETITION NO. 4422 OF 2018 AND WRIT PETITION NO. 4947
OF 2020 AND WRIT PETITION NO. 5282 OF 2020 AND WRIT PETITION
NO. 6820 OF 2019 AND WRIT PETITION NO. 6349 OF 2022 AND WRIT
  PETITION NO. 6297 OF 2022 AND WRIT PETITION NO. 6296 OF 2022
AND WRIT PETITION NO. 6250 OF 2022 AND WRIT PETITION NO. 5084
OF 2017 AND WRIT PETITION NO. 5293 OF 2017 AND WRIT PETITION
NO. 6328 OF 2020 AND WRIT PETITION NO. 5880 OF 2017 AND WRIT
  PETITION NO. 6993 OF 2019 AND WRIT PETITION NO. 6293 OF 2019
AND WRIT PETITION NO. 5976 OF 2017 AND WRIT PETITION NO. 5149
OF 2016 AND WRIT PETITION NO. 6296 OF 2019 AND WRIT PETITION
NO. 4700 OF 2020 AND WRIT PETITION NO. 6010 OF 2015 AND WRIT
 PETITION NO. 13040 OF 2018 AND WRIT PETITION NO. 6788 OF 2019
AND WRIT PETITION NO. 8731 OF 2017 AND WRIT PETITION NO. 6430
      OF 2015 AND WRIT PETITION NO. 14132 OF 2021 AND WRIT
  PETITION NO. 6875 OF 2018 AND WRIT PETITION NO. 6876 OF 2018
   AND WRIT PETITION NO. 12498 OF 2018 AND WRIT PETITION NO.
  12497 OF 2018 AND WRIT PETITION NO. 9575 OF 2017 AND WRIT
  PETITION NO. 9574 OF 2017 AND WRIT PETITION NO. 7628 OF 2020
AND WRIT PETITION NO. 7924 OF 2019 AND WRIT PETITION NO. 7956
OF 2019 AND WRIT PETITION NO. 7955 OF 2019 AND WRIT PETITION
NO. 7930 OF 2019 AND WRIT PETITION NO. 8275 OF 2016 AND WRIT
  PETITION NO. 8661 OF 2016 AND WRIT PETITION NO. 8663 OF 2016
AND WRIT PETITION NO. 8662 OF 2016 AND WRIT PETITION NO. 8664
OF 2016 AND WRIT PETITION NO. 8737 OF 2016 AND WRIT PETITION
    NO. 12500 OF 2018 AND WRIT PETITION NO. 7438 OF 2015 AND
 WRIT PETITION NO. 9969 OF 2021 AND WRIT PETITION NO. 8709 OF
2019 AND WRIT PETITION NO. 8722 OF 2019 AND WRIT PETITION NO.
    9572 OF 2017 AND WRIT PETITION NO. 5696 OF 2019 AND WRIT
 PETITION NO. 5695 OF 2019 AND WRIT PETITION NO. 10062 OF 2021
AND WRIT PETITION NO. 10376 OF 2021 AND WRIT PETITION NO. 418
      OF 2019 AND WRIT PETITION NO. 13043 OF 2018 AND WRIT
PETITION NO. 10116 OF 2017 AND WRIT PETITION NO. 10110 OF 2017
AND WRIT PETITION NO. 9759 OF 2019 AND WRIT PETITION NO. 8740
OF 2016 AND WRIT PETITION NO. 8736 OF 2016 AND WRIT PETITION
NO. 1090 OF 2017 AND WRIT PETITION NO. 9729 OF 2016 AND WRIT
  PETITION NO. 9975 OF 2019 AND WRIT PETITION NO. 5698 OF 2019
   AND WRIT PETITION NO. 10789 OF 2018 AND WRIT PETITION NO.
 10504 OF 2019 AND WRIT PETITION NO. 10500 OF 2019 AND WRIT
PETITION NO. 13041 OF 2018 AND WRIT PETITION NO. 11872 OF 2021
    AND WRIT PETITION NO. 1443 OF 2018 AND WRIT PETITION NO.
 13131 OF 2017 AND WRIT PETITION NO. 10702 OF 2014 AND WRIT
   PETITION NO. 12309 OF 2019 AND WRIT PETITION NO. 13894 OF
  2021 AND WRIT PETITION NO. 13288 OF 2021 AND WRIT PETITION
   NO. 12226 OF 2018 AND WRIT PETITION NO. 13770 OF 2021 AND


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 WRIT PETITION NO. 12474 OF 2019 AND WRIT PETITION NO. 11138
OF 2014 AND WRIT PETITION NO. 5862 OF 2019 AND WRIT PETITION
  NO. 11315 OF 2014 AND WRIT PETITION NO. 11318 OF 2014 AND
 WRIT PETITION NO. 11309 OF 2014 AND WRIT PETITION NO. 11317
    OF 2014 AND WRIT PETITION NO. 12787 OF 2018 AND WRIT
PETITION NO. 11347 OF 2014 AND WRIT PETITION NO. 11350 OF 2014
  AND WRIT PETITION NO. 11373 OF 2014 AND WRIT PETITION NO.
 12247 OF 2016 AND WRIT PETITION NO. 11537 OF 2014 AND WRIT
PETITION NO. 11532 OF 2014 AND WRIT PETITION NO. 11535 OF 2014
  AND WRIT PETITION NO. 11530 OF 2014 AND WRIT PETITION NO.
 11533 OF 2014 AND WRIT PETITION NO. 11539 OF 2014 AND WRIT
PETITION NO. 11485 OF 2014 AND WRIT PETITION NO. 11548 OF 2014
  AND WRIT PETITION NO. 11578 OF 2014 AND WRIT PETITION NO.
 14792 OF 2017 AND WRIT PETITION NO. 11640 OF 2014 AND WRIT
PETITION NO. 11641 OF 2014 AND WRIT PETITION NO. 11702 OF 2014
  AND WRIT PETITION NO. 11738 OF 2014 AND WRIT PETITION NO.
 11737 OF 2014 AND WRIT PETITION NO. 11743 OF 2014 AND WRIT
PETITION NO. 11739 OF 2014 AND WRIT PETITION NO. 12248 OF 2016
 AND WRIT PETITION NO. 333 OF 2015 AND WRIT PETITION NO. 398
    OF 2022 AND WRIT PETITION NO. 12208 OF 2016 AND WRIT
 PETITION NO. 12246 OF 2016 AND WRIT PETITION NO. 564 OF 2017
  AND WRIT PETITION NO. 6971 OF 2019 AND WRIT PETITION NO.
 13987 OF 2018 AND WRIT PETITION NO. 14212 OF 2018 AND WRIT
 PETITION NO. 14578 OF 2019 AND WRIT PETITION NO. 639 OF 2016
  AND WRIT PETITION NO. 14593 OF 2019 AND WRIT PETITION NO.
  14673 OF 2017 AND WRIT PETITION NO. 141 OF 2019 AND WRIT
 PETITION NO. 14903 OF 2019 AND WRIT PETITION NO. 647 OF 2018
                 976 WRIT PETITION NO. 697 OF 2024
                 977 WRIT PETITION NO. 773 OF 2024
                 978 WRIT PETITION NO. 786 OF 2024
                 979 WRIT PETITION NO. 826 OF 2024
                980 WRIT PETITION NO. 4208 OF 2024
                981 WRIT PETITION NO. 4756 OF 2024
                982 WRIT PETITION NO. 4757 OF 2024
                983 WRIT PETITION NO. 7411 OF 2024
                                 ....
Mr. A. B. Girase, Government Pleader for the State
                                 ....

                    CORAM : RAVINDRA V. GHUGE AND
                            Y. G. KHOBRAGADE, JJ.

DATE : 02.08.2024 5 of 6 (( 6 )) 901-WP-8454-2023++all group PER COURT :-

1. The learned Government Pleader has mentioned these matters at 2.30 p.m. He submits that he is raising an issue of jurisdiction, on instructions. He contends that in the light of Section 3(q) and 15(1)(b) of the Administrative Tribunals Act, all these matters have to be transferred to the learned Maharashtra Administrative Tribunal at Aurangabad. He further submits that there is one group of such cases, which have come to this Court after the learned Maharashtra Administrative Tribunal has delivered a judgment and declined to permit these doctors to indulge in private practice.
2. Since these matters are mentioned at 2.30 p.m., the same be listed on 14.08.2024, at 2.30 p.m. [ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS

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