IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.10335 OF 2019 (GM-RES) BETWEEN:
DR. J. SAVITHA AGED ABOUT 39 YEARS W/O. SURESH I. BASARKOD PARTNER, SHUBHODAYA NURSING HOME OPP: CITY MUNICIPAL OFFICE OLD PB ROAD HARIHARA DAVANAGERE DISTRICT-577 601. ... PETITIONER (BY SRI. VINAYA KEERTHY M., ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPT. OF HEALTH AND FAMILY WELFARE VIKASA SOUDHA, VIDHANA VEEDHI BENGALOORU-560 001.
2. DISTRICT COMPETENT AUTHORITY (PP & PNDT) & ASST. COMMISSIONER DAVANAGERE SUB-DIVISION OFFICE OF THE DISTRICT HEALTH & FAMILY WELFARE OFFICER NEAR SS HI-TECH HOSPITAL ADJ. NCC CAMP SRIRAMANARA ROAD DAVANAGERE-577 001.
3. DISTRICT HEALTH AND FAMILY WELFARE OFFICER DAVANAGERE DISTRICT NEAR SS HI-TECH HOSPITAL ADJ. NCC CAMP SRIRAMANARA ROAD DAVANAGERE-577 001. … RESPONDENTS (BY SRI. Y.D. HARSHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER DATED 27.02.2019 (ANNEXURE-AE) ISSUED BY THE R-2, DIRECT THE RESPONDENTS TO GRANT ACCESS TO THE PETITIONER TO BALI-KA ONLINE F-FORM SOFTWARE FOR UPLOADING THE SCANNING PARTICULARS OF HER LABORATORY IN SHUBHODAYA NURSING HOME, HARIHARA.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Vinaya Keerthy.M., learned counsel for the petitioner and Sri.Y.D. Harsha, learned Additional Government Advocate for respondents.
2. The petition is admitted for hearing. With the consent of the parties, the matter is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has prayed for the following reliefs:
“(a)Issue a writ of certiorari quashing the impugned letter No.JiAaDa/PC&PNDT/90/2012-13 Dt.27.02.2019 (Annexure-AE) issued by the second respondent;
(b)Issue a writ of mandamus directing the respondents to grant access to the petitioner to Bali-Ka Online F-Form Software for uploading the scanning particulars of her laboratory in Shubhodaya Nursing Home, Harihara;
(c)Issue a writ of mandamus directing the respondents to renew the Registration No. DHO/ DVG/ PNDT/90/2012-13 of the Ultrasound Laboratory in Shubhodaya Nursing Home, Harihara by issuing Form-B.”
4. When the matter is taken up for hearing, the learned counsel for the petitioner submits that the petitioner be granted liberty to submit fresh application for registration of the lab of the petitioner to the competent authority and the authority be directed to pass a speaking order in the time bound manner.
5. On the other hand, Sri.Y.D. Harsha, learned Additional Government Advocate submits that in case such an application is filed, the same shall be dealt with in accordance with law.
6. In view of the aforesaid submission and in the facts of the case, the petition is disposed of with liberty to the petitioner to file fresh application for registration of the lab. The competent authority shall decide the application which may be filed by the petitioner within a period of one week from the date of receipt of this order, by a speaking order.
7. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner.
Sd/- JUDGE *alb/-