ASN 1 PIL-79.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.79 OF 2010 Dr. Lalit D.Anande. ..Petitioner. Vs. The Maharashtra Medical Council and ors. ..Respondents. Mr. Ajay Mnisar for the Petitioner. Mr.S.A.Inamdar for Mr. Madhav Jamdar for Respondent No.1. CORAM : MOHIT S. SHAH, C.J. AND S.J. VAZIFDAR, J. Monday, 14 st March, 2011 PC : What is challenged in this petition, purporting to be a public interest litigation, is the result of the election of the office members of Maharashtra Medical Council held on 26th April, 2009. The elections are challenged on the ground that no reservation was provided for Scheduled Caste and Scheduled Tribes. 2 The elections to Maharashtra Medical Council were conducted under Maharashtra Council Act, 1965(hereinafter referred to as “the Act”). Our attention is not invited to any provision of the said enactment requiring reservation for Scheduled Caste or Scheduled Tribe ASN 2 PIL-79.sxw or any community. However, the learned counsel for the petitioner placed reliance on the provisions of the Maharashtra State Public Services (Reservation for Scheduled Caste, Scheduled Tribes, De- notified Tribes (Vimukta Jatis) Nomadic Tribes, Special Backward Category and Other Backward Classes) Act, 2001 (Maharashtra Act No.VIII of 2004). It is submitted that the Maharashtra Medical Council is a statutory body established by the State Act. The provisions of the said Act of 2001 are applicable to the elections of members of council as well. 3 The submission is misconceived. Act No. VIII of 2004 specifically provides that the Act shall apply to all the appointments made in public services and posts except (a) the super specialized posts in Medical, Technical and Educational field; (b) the posts to be filled by transfer or deputation; (c) the temporary appointments of less than forty five days duration; and (d) the posts which is single (isolated) in any cadre or grade. A bear perusal of Section 3(1) of the Act No.VIII of 2003 makes it clear that the Act is to be applied to all the appointments made in public services and posts. The said Act therefore, would apply while making appointments of officers and employees of the Maharashtra Medical Council. The elections of members of Maharashtra Medical Council are not governed by the provisions of Maharashtra Act VIII of 2003. ASN 3 PIL-79.sxw 4 In view of the said provision of Section 3(1) of the Act and the fact that Article 15(4) and 16(4) of the Constitution are enabling provisions, the petitioner cannot seek a Writ of Mandamus for providing reservation for election of members of Maharashtra Medical Council. On this short ground alone this petition is dismissed. CHIEF JUSTICE S.J. VAZIFDAR, J.