IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE 2017 BEFORE THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI W.P.No.36244 OF 2011 [GM-RES] BETWEEN ANUBHAVI MATHU VAMSHAPARAMPARIKA VAIDYARA SANGHA, PACHANADI VAMANJOOR ROAD, BONDEL MANGALORE TALUK, D.K.DISTRICT REP. BY ITS CHIEF CO-ORDINATOR SRI B.S.CHANDRU. ... PETITIONER (BY:SRI K.GOVINDARAJ, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH & FAMILY WELFARE SERVICES, M.S.BUILDING BANGALORE 560 001.
2. THE SECRETARY DEPARTMENT OF PARLIAMENTARY AFFAIRS & LEGISLATION, GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BANGALORE 560 001.
3. THE COMMISSIONER HEALTH AND FAMILY WELFARE SERVICES GOVERNMENT OF KARNATAKA ANAND RAO CIRCLE, BANGALORE 560 009.
4. DIRECTOR HEALTH AND FAMILY WELFARE SERVICES GOVERNMENT OF KARNATAKA ANAND RAO CIRCLE, BANGALORE 560 009.
5. DIRECTOR KARNATAKA AYURVEDA AND UNANI MEDICAL BOARD GOVERNMENT OF KARNATAKA DHANWANTHARI ROAD BANGALORE 560 001.
6. DIRECTOR KARNATAKA HOMEOPATHY BOARD DHANWANTHARI ROAD ANANDARAO CIRCLE BANGALORE 560 009. ... RESPONDENTS (BY:SRI KIRAN KUMAR T.L., A.G.A. FOR R1 TO R4 & R6; SRI O.SHIVARAMA BHAT, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT STRIKING DOWN SEC.3, 15 & 19 OF THE KARNATAKA PRIVATE MEDICAL ESTABLSIHMENTS ACT, 2007 PRODUCED AS PER NOTIFICATION VIDE ANNEXURE-F PUBLISHED BY R2 AS THE SAME ARE ULTRAVIRES AND UNCONSITUTIONAL AND ETC.
THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri K.Govindaraj, the learned counsel for the petitioner submits that the petitioner Sangha would be content if a direction is given to the first respondent to consider the petitioner’s representations (Annexure-G series) for permitting its members to practise medicine.
2. Sri O.Shivarama Bhat, the learned counsel appearing for the respondent No.5 submits that if the petitioner’s representations are pending consideration, the same would be considered in accordance with law. He submits that the members of the petitioner Sangha do not have the requisite qualification to practise medicine.
3. This petition is disposed of with a direction to the respondent No.1 to consider the petitioner’s said representations in question in accordance with law and as expeditiously as possible and in any case within an outer limit of two months from the date of the issuance of the certified copy of today’s order. It is made clear that no opinion whatsoever is expressed on the merits of the claims of the petitioner Sangha.
4. No order as to costs.
Sd/- JUDGE VGR