Allowed

Dr Naveen Kumar v. State of Karnataka

Karnataka HC7 Nov 2022WP/16367/2021

Case brief

AI extract

What is this about?

A writ petition filed under Articles 226 and 227 of the Constitution seeking directions to the medical authorities to consider the petitioner's application for renewal of registration certificate expeditiously and not to interfere with his practice pending the decision.

What did the court decide?

The writ petition is allowed; direction issued to the 3rd respondent to consider the petitioner's application for renewal of registration certificate expeditiously within three months and not to inter

Dr Naveen Kumar Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2022)

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WP No. 16367 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16367 OF 2021 (GM-RES)

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BETWEEN:

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DR NAVEEN KUMAR S/O.SRI SHIVAPRASAD K.S. AGED ABOUT 37 YEARS,

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DR NAVEEN'S HEALTH AND DIET CARE CENTRE

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NO.1197, CHAMARAJAPURAM,

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MYSURU-570005.

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…PETITIONER

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(BY SRI. PRAKASHA M., ADVOCATE)

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AND:

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STATE OF KARNATAKA

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REPRESENTED BY ITS SECRETARY,

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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HEALTH DEPARTMENT,

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VIKASA SOUDHA, BANGALORE-560001.

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THE DEPUTY COMMISSIONER AND CHAIRMAN OF REGISTRATION COMMITTEE FOR KARNATAKA, PRIVATE MEDICAL ESTABLISHMENT AUTHORITY, MYSURU-570005.

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THE DISTRICT HEALTH AND FAMILY

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WP No. 16367 of 2021

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WELFARE OFFICER, MYSURU DISTRICT, MYSURU-570005.

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THE SECRETARY INDIAN MEDICAL ASSOCIATION, MYSURU DISTRICT, MYSURU 570005.

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THE DISTRICT SECRETARY DISTRICT AYUSH OFFICER, MYSURU DISTRICT, MYSURU-570005.

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…RESPONDENTS

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(BY SMT. RASHMI PATEL, HACGP FOR R1 TO R3 R4 AND R5 SERVED- UNREPRESENTD)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE RENEWAL OF THE REGISTRATION CERTIFICATE ISSUED BY THE COMMITTEE HEADED BY THE R-2 TO 4 IN FAVOUR OF THE PETITIONER IN REGISTRATION NO.MYS-01072-AY-DC DTD. 04.02.2012 VIDE ANNX-F, DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION ON 25.08.2021 VIDE ANNX-E OF THE PETITIONER FOR RENEWAL OF REGISTRATION CERTIFICATE OF THEIR MEDICAL ESTABLISHMENT WITHIN TIME BOUND PERIOD AND DIRECT THE RESPONDENTS NOT TO INTERFERE IN THE PETITIONER PRACTICE AT HIS MEDICAL

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WP No. 16367 of 2021

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ESTABLISHMENTS TILL THE APPLICATION OF THE PETITIONER IN CONSIDERED IN ACCORDANCE WITH LAW.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking the following

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prayer:

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"a) Issue a writ of Mandamus directing the respondents to consider the Renewal the registration certificate issued by the Committee headed by the respondent No.2 to 4 in favour of the petitioner in Registration No.MYS-01072-AY-DC dated 04.02.2012 vide Annexure-F .

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b) To issue direct the respondents to consider the application on 25.08.2021 vide Annexure-E of the petitioner for Renewal of Registration Certificate of their medical establishment within time bound period.

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c) Issue a writ in the nature of mandamus directing the respondents not to interfere in the petitioner practice at his medical establishments till the application of the petitioner is considered in accordance with law.

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d) Issue such other appropriate writ, order or directions as this Hon'ble court deems fit under the circumstances of the case in the interest of justice and equity."

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Learned counsel appearing for the petitioner would

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submit that the issue in the lis stands covered on all its fours to

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the order passed by a Co-ordinate Bench of this Court in W.P.No.62158/2016 disposed on 31.01.2017.

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Learned HCGP would also concur with the

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submission of the learned counsel appearing for the petitioner.

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The Co-ordinate Bench of this Court in the aforesaid

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case has held as follows:

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"2. The petitioner is before this Court seeking for issue of mandamus to the respondents to consider the application filed by the petitioner for registration of his medical establishment. The petitioner has also sought for issue of mandamus to the respondents not to interfere in petitioner's practice until consideration of his application.

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3. The petitioner claims that he is a medical practitioner practicing in various forms of Medical Science. In view of the requirement under the Private Establishment Act, 2007 to register himself, the petitioner has made an application seeking registration. Since, the application has not been considered in accordance with law, the petitioner is before this Court. It is also averred that the respondents without considering the application are interfering with his practice and therefore, the application needs to be considered expeditiously.

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4. The fact that the said application requires to be made and the same requires consideration by the 3rd respondent is not disputed by the respondents. In fact in similar set of circumstance, this Court in W.P.No.47102104/11 and connected petition has by its order dated 14.03.2012 directed consideration of such application. In any event, in the instant case, when the petitioner has made an application under the relevant Act, there is a duty cast on the 3rd respondent to consider and dispose

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WP No. 16367 of 2021

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of the application. Without considering the application, certainly the 3rd respondent would not be entitled to interfere in the practice of the petitioner."

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5. For the aforesaid reasons, the following:

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ORDER

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I. The writ petition is allowed.

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II. In the event, the application requires consideration by any other authority, the 3rd respondent shall transfer the application on such authority, who shall consider and dispose of the application in accordance with the directions issued.

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III. Hence, a direction is issued to the 3rd respondent to consider the application submitted by the petitioner as expeditiously as possible and in accordance with law. Such consideration shall not be later than 3 months from the date of furnishing a copy of this order.

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IV. Needless to mention that until the

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consideration of the application, the practice of the petitioner shall not be interfered with.

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Sd/JUDGE

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SJK List No.: 1 Sl No.: 36