IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11289 OF 2019 (GM–RES) BETWEEN:
V. Manjula Devi, W/o D. Tirupathaiah, Aged 43 Years, Residing at 6th Cross, Palasandra Layout, Bangarpet, Kolar District – 563 101.
(By Sri. Shaiju Kumar, Advocate) AND:
1. The State of Karnataka, Represented by Chief Secretary, Department of Health & Family Welfare, Vikasa Soudha, Bengaluru – 560 001.
… Petitioner 2. The Chief Executive Officer and Chairman of Registration Committee, Karnataka Private Medical Establishment, Kolar District, Kolar – 561 301.
3. The Deputy Commissioner, Kolar District, Kolar – 561 301.
4. The District Health & Family Welfare Officer, Kolar District, Kolar – 561 301.
5. The District Secretary, District Ayush Officer, Kolar District – 561 301.
(By Sri. Y. D. Harsha, AGA) … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dated 16.02.2019 passed under Karnataka Private Medical Establishment Act, 2007 [Annexure – C] on the file of District Health and Family Officer, Kolar and etc., This Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. Shaiju Kumar, learned counsel for the petitioner.
Notice on behalf of respondents is accepted by Sri. Y. D. Harsha, learned Additional Government Advocate.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, petitioner inter alia seeks quashment of the order dated 16.02.2019 by which application submitted by the petitioner for registration under the Karnataka Private Medical Establishments Act, 2007 (hereinafter referred to as ‘the Act’ for short) has been rejected.
3. When the matter was taken up today, learned Additional Government Advocate submitted that in case petitioner produces certificate from the Karnataka Ayush Medical Board, Bengaluru, respondent shall take necessary action for registration of the petitioner under the Act.
4. In view of the aforesaid submission, learned counsel for the petitioner submits that he shall produce certificate along with application within a period of three months before the competent authority and the aforesaid authority be directed to take appropriate action with regard to Registration of the petitioner under the Act.
5. In view of the aforesaid submission and in the facts of the case, writ petition is disposed of with a direction that in case the petitioner produces the certificate of Karnataka Ayush Medical Board along with application before the competent authority for registration under the Act, the competent authority shall take decision on the application, which may be submitted by the petitioner by a speaking order expeditiously in accordance with law.
Accordingly, petition is disposed of.
Sd/- JUDGE Mds/-