IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.2754 OF 2019 (GM-RES) BETWEEN:
Dr.Gayathri Kamal Kumar T.G W/o Sri.Kamal Kumar, Aged about 44 years, Dayanith Clinic Thoralakki Village & Post, Takal Hobli, Malur Taluk, Kolar District – 561 301.
(By Sri.N.R.Naik, Advocate) AND:
1. The State of Karnataka, Represented by its Secretary, Health Department, Vikasa Soudha, Bengaluru – 560 001.
… Petitioner 2. The Chief Executive Officer and Chairman of Registration Committee for Karnataka Private Medical Establishment, Kolar Zilla Panchayath, Kolar District – 563 101.
3. The District Health & Family Welfare Officer, Kolar District, Kolar – 563 101.
4. The District Secretary, District Ayush Officer, Kolar District, Kolar – 563 101.
5. The Taluk Health & Family Welfare Officer, Malur Taluk, Kolar District – 563 101. (By Sri.Y.D.Harsha, AGA) … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the endorsement dated 07.01.2019 issued by the R-3 on the basis of report of the R-4 which is produced at Annexure-J and etc.
This Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.N.R.Naik, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for respondents.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks for the following reliefs:
a) To set aside the Endorsement dated 07.01.2019 issued in No.DHO/KO/KPMEA/02/2018-19 issued by the third respondent on the basis of report of the fourth respondent, which is produced at Annexure-J;
b) To issue writ of mandamus directing third respondent to place the application dated 13.10.2014 before the second respondent Committee for registration under the provision of K.P.M.E Act produced at Annexure-F;
c) To issue direction to the respondents not to interfere in practice of Alternative System of Medicine by the petitioner as per the Registration Certificate issued by the concerned Authorities and d) To call for records and grant such other relief/s deems fit by this Hon’ble Court.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is a Medical Practitioner in the field of Indo Allopathy and Alternative System of Medicine. It is submitted that the petitioner may be permitted to make a fresh application before respondent No.3 seeking to open the clinic legally run by her. It is further submitted that the writ petition be disposed of with a direction to respondent No.3, namely, the District Health and Family Welfare Officer, Kolar District, Kolar to consider the representation to be submitted by the petitioner to open the sealed lock of ‘Dayanitha Clinic’ legally run by the petitioner.
4. On the other hand, learned Additional Government Advocate submits that in case such a representation is submitted by the petitioner, suitable orders shall be passed in accordance with law.
5. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with liberty to the petitioner to file a fresh representation before respondent No.3 within a period of two weeks from the date of receipt of certified copy of the order passed today.
6. Needless to state that in case such representation is made, respondent No.3 shall decide the same after affording an opportunity of hearing to the parties by a speaking order within a period of three weeks from the date of receipt of such representation.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE dn/-