IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.14358 OF 2019 (GM-RES) BETWEEN:
MD AZHAR S/O. MOHAMMAD YOSUFF, AGED 56 YEARS RESIDING AT KUVEMPU NAGAR, BEHIND AMEEN MASJID, KOLAR, KOLAR DISTRICT 563 101. ... PETITIONER (BY SRI SHAIJU KUMAR, ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY CHIEF SECRETARY, DEPARTMENT OF HEALTH & FAMILY WELFARE VIKASA SOUDHA, BENGALURU-560 001.
2. THE CHIEF EXECUTIVE OFFICER AND CHAIRMAN OF REGISTRARION COMMITTEE, KARNATAKA PRIVATE MEDICAL ESTABLISHMENT KOLAR DISTRICT KOLAR-561 301.
3. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR-561 301.
4. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER KOLAR DISTRICT, KOLAR-561 301.
5. THE DISTRICT SECRETARY DISTRICT AYUSH OFFICER, KOLAR DISTRICT-561 301. … RESPONDENTS (BY SRI Y.D. HARSHA, A.G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD:22.2.2019 PASSED UNDER KARNATAKA PRIVATE MEDICAL ESTABLISHMENT ACT, 2007 [ANNEXURE-C] ON THE FILE OF DISTRICT HEALTH AND FAMILY OFFICER, KOLAR AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Shaiju Kumar, learned counsel for petitioner. Sri Y.D. Harsha, learned Additional Government Advocate for respondent Nos.1 to 5.
2. The writ petition is admitted for hearing.
With the consent of learned counsel for 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 seeks a writ of certiorari for quashment of the order dated 22.02.2019 by which, the application filed by the petitioner under Karnataka Private Medical Establishment Act, 2007 (hereinafter referred to as ‘the Act’ for short) has been rejected.
4. When the matter was taken up for consideration today, learned counsel for the petitioner submitted that the petitioner be granted the liberty to produce a Certificate of Registration as a Medical Practitioner before the competent authority and the competent authority be directed to decide the application filed by the petitioner under the Act afresh by a speaking order without being influenced by the order dated 22.02.2019.
5. On the other hand, learned Additional Government Advocate for respondents submits that suitable action in accordance with law shall be taken.
6. In view of the submissions made and in the facts of the case, the writ petition is disposed of with the liberty to the petitioner to produce a copy of the Registration Certificate issued under Karnataka Ayurvedic, Naturopathy, Siddha, Unani or Yoga Practitioners Registration and Medical Practitioners Miscellaneous Provision Act, 1961 before the competent authority. Needless to state that in case such a certificate is produced, the competent authority shall consider the application which may be filed by the petitioner under the Act by a speaking order within a period of three months from the date of filing of such application. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ST