IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR WRIT PETITION No.29233/2015 (GM - RES) BETWEEN:
DR.M.VIVEKANANDA BABU AGED ABOUT 65 YEARS, FAMILY HEALTH CLINIC, RESIDING AT C.K.PALVA VILLAGE, SAKALAVARA POST, ANEKAL TALUK, BANNERGHATTA ROAD, BANGALORE – 560 083.
…PETITIONER (BY SHRI N.R.NAIK, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HEALTH DEPARTMENT, VIKASA SOUDHA, BANGALORE – 560 001.
2. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH & CHAIRMAN OF REGISTRATION COMMITTEE FOR KARNATAKA PRIVATE MEDICAL ESTABLISHMENT BANGALORE URBAN DISTRICT, BANGALORE – 560 001.
3. THE DISTRICT HEALTH & FAMILY WELFARE OFFICER, BANGALORE URBAN DISTRICT, ED HOSPITAL COMPOUND, OLD MADRAS ROAD, BANGALORE – 560 038.
4. THE DISTRICT SECRETARY, DISTRICT AYUSH OFFICER, BANGALORE URBAN DISTRICT, BANGALORE – 560 009.
… RESPONDENTS (BY SMT. SHWETA KRISHNAPPA, AGA FOR R1, R3 AND R4; R2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE R-3 DATED 06.07.2015 VIDE ANNEXURE – G AND DIRECT 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.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner who claims to have obtained a certificate in Alternative Medicines filed an application before the District Health and Family Welfare Officer, Bengaluru, seeking registration of existing medical establishment. By Communication dated 06.07.2015 vide Annexure-G, the District Health and Family Welfare Officer has rejected his application on the ground that the District Ayush Officer has stated that the petitioner’s certificate is not valid.
2. Shri N.R.Naik, learned advocate for the petitioner submitted that registration of doctors practicing in Alternative Medicines is required to be done as per the provisions contained under Karnataka Private Medical Establishments Act, 2007 (for short the “Act”). As per Section 4 of the Act, application filed by the petitioner is required to be considered by the Authority established in each District which consists of Deputy Commissioner of the District, District Health and Family Welfare Officer, President/Secretary, Indian Medical Association of concerned District.
3. In support of his case, he has relied upon the decision of this Court in the case of Dr.A.A.Muralidhar Swamy Vs. The State of Karnataka and Others (W.P.No.485/2015) decided on 13.04.2015.
4. Learned Additional Government Advocate in her usual fairness did not dispute the facts of the case.
5. Perusal of the Act shows that each District shall have a Registration Authority which consists of aforementioned Officers. Admittedly, impugned communication by the District Health Officer is based on the report given by District Ayush Officer. Hence the same is not sustainable in law.
6. Resultantly, petition merits consideration.
Hence, following ORDER Petition is allowed. Communication dated 06.07.2015 vide Annexure-G is quashed. Respondent Nos.2 and 3 are directed to place the petitioner’s case for consideration before the Registration Authority and the said authority shall pass orders in accordance with law.
Petition disposed of. No costs.
Sd/- JUDGE PB