1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION W. NO.347/2011 IN WRIT PETITION NO.3996/2010 (Indian Medical Association vs. The State of Maharashtra) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : FEBRUARY 15, 2011 Heard Shri Jaideep Mitra, learned Counsel for the applicant, Shri Jaiswal, learned Counsel for the petitioner, and Shri Sambre, learned Government Pleader for the respondent. Civil Application No.347/2011 is moved by the applicant for recalling order dated 18/1/2011 passed by this Court in Writ Petition No.3996/2010. Shri Jaideep Mitra, learned Counsel for the applicant, states that this Court while disposing of Writ Petition No.3996/2010 by order dated 18/1/2011, issued direction to the respondent State to issue notification under Section 3 of the Maharashtra 2 Medical Council Act within six weeks from the date of communication of the said order, if there is no legal impediment in doing so. It is submitted that petitioner in Writ Petition No.1124/2009 has challenged election of Maharashtra Medical Council, which was held in April 2009. The said petition was admitted by the Principal Bench of Bombay High Court at Bombay and is pending for decision. It is further submitted that in view of pendency of the above referred writ petition, direction given by this Court cannot be implemented by the State Government and if implemented, would render the writ petition filed by the applicant infructuous. It is, therefore, prayed that order dated 18/1/2011 may be recalled. We have considered the contentions canvassed by the learned Counsel for the parties and perused the order dated 18/1/2011 passed by this Court in Writ Petition No. 3996/2010. Since elections of Maharashtra Medical Council have already taken place in the year 2009, by the order dated 18/1/2011, the State Government was directed to issue notification under Section 3 of the 3 Maharashtra Medical Council Act within six weeks from the date of communication of the said order provided there is no legal impediment in doing so. The direction is loud and clear and requires no further clarification. The notification is required to be issued by the State Government, if there is no legal impediment in doing so. In that view of the matter, no case is made out for showing indulgence. The civil application is dismissed. JUDGE JUDGE khj