IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO. 11543/2019 (GM-RES) BETWEEN:
DR. ANNAIAH N S/O LATE C R NAGAPPA, AGED ABOUT 53 YEARS, SANGEETHA CLINIC, MINI IBRAHIM ROAD, OORGAUMPET POST, K.G.F.-563121 (BY SRI. M. PRAKASHA, ADV. FOR SRI. N. R. NAIK, ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HEALTH DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001.
2. THE CHIEF EXECUTIVE OFFICER & CHAIRMAN OF REGISTRATION COMMITTEE FOR KARNATAKA PRIVATE MEDICAL ESTABLISHMENT, KOLAR DISTRICT, KOLAR-563101.
3. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER KOLAR DISTRICT, KOLAR-563101.
… PETITIONER 4. THE DISTRICT SECRETARY DISTRICT AYUSH OFFICER, KOLAR DISTRICT, KOLAR-563101.
5. THE TALUK HEALTH AND F AMILY WELFARE OFFICER K.G.F. TALUK, KOLAR DISTRICT, KOLAR-563101.
(BY SRI. Y. D. HARSHA, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO PLACE THE APPLICATION FOR REGISTRATION IN COMMUNICTY MEDICAL SERVICES AS PER THE REGISTRATION CERTIFICATE ISSUED BY THE AUTHORITIES AND THE SAME MAY BE ACCEPTED FOR REGISTRATION BEFORE THE COMMITTEE HEADED BY R-2 VIDE ANNEXURE-E AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. M. Prakasha, learned counsel for the petitioner. Mr. Y. D. Harsha, learned Additional Government Advocate for respondents.
2. The writ petition is admitted for hearing.
With the consent of the parties, the matter is heard finally.
3. In this petition under Article 227 of the Constitution of India, the petitioner inter alia seeks a writ of mandamus directing the respondent No.3 to place the application submitted by the petitioner for registration in Community Medical Services as per the registration certificate issued by the authorities and the same be directed to be considered by the committee headed by respondent No.2.
4. In view of the prayer made by the learned counsel for the petitioner, learned Additional Government Advocate submits that on the application submitted by the petitioner, suitable action in accordance with law shall be taken.
5. In view of the submissions made and in view of the prayer made in the writ petition, petition is disposed of with a direction that in case the petitioner submits a fresh application to the committee headed by the 2nd respondent, the committee shall consider the said application for registration in Community Medical Services in accordance with law by passing a speaking order within a period of four weeks from the date of receipt of a copy of this order.
It is made clear that this Court has not expressed any opinion on the merits of the case. Accordingly, the petition is disposed of.
Sd/- JUDGE VP