IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No.4453/2019 (GM-RES) BETWEEN:
Dr. Manohar, S/o Sri B. Mallappa, Aged about 35 years, Basaveshwara Clinic, Tharaganahalli Village, Honnali Taluk, Davanagere District.
(By Sri Naik N.R., Advocate) AND:
1. The State of Karnataka, Represented by its Secretary, Health Department, Vikasa Soudha, Bengaluru – 560 001.
2. The Chief Executive Officer, & Chairman of Registration Committee for Karnataka, Private Medical Establishment, Davanagere Zilla Panchayath, Davanagere District.
… Petitioner 3. The District Health & Family Welfare Officer, Davanagere District, Davanagere – 577 001.
4. The District Secretary, District Ayush Officer, Davanagere District, Davanagere – 577 001.
5. The Taluk Health & Family Welfare Officer, Honnali Taluk, Davanagere District – 577 001.
... Respondents (By Sri B. Balakrishna, AGA) 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 dated 26.12.2018 before R-2 committee for registration under the provision of K.P.M.E. Act produced at Annexure-F and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Mr. Naik N.R., learned counsel for the petitioner.
Mr. B. Balakrishna, learned Additional Government Advocate for the 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, petitioner inter alia seeks a writ of mandamus directing respondent No.3 to place the application dated 26.12.2018 before respondent No.2 Committee for registration under the provisions of Karnataka Private Medical Establishment Act, 2007 and further 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.
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 Para medicine, Homeopathic medicine and Naturopathic medicine. It is also submitted that the petitioner may be permitted to make a representation to respondent No.3 seeking to permit him to practice in alternative system of medicine in the clinic which is run by him. 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, Davanagere District, Davanagere to consider the representation to be filed by the petitioner to run the clinic.
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 submissions and in the facts of the case, the writ petition is disposed of with a direction to respondent No.3 to decide such representation, submitted by the petitioner by a speaking order within a period of three weeks from the date of receipt of certified copy of the order passed today.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/- JUDGE Cs/-
Ct-mhp