Allowed

Vijaya Diagnostic Centre v. Karnataka Medical Council

Karnataka HC2 Aug 2024WP/40926/2017

Case brief

AI extract

What is this about?

Writ petition filed to quash a show cause notice issued by the Karnataka Medical Council against a diagnostic centre under Section 16 of the 1961 Act. Court allowed the petition, holding the Council had no control to initiate proceedings against the centre.

What did the court decide?

The writ petition was allowed and the impugned show cause notice dated 18.08.2017 was quashed.

Vijaya Diagnostic Centre Vs Karnataka Medical… — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:30666 WP No. 40926 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 40926 OF 2017 (GM-RES)

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BETWEEN:

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VIJAYA DIAGNOSTIC CENTRE NO. 190/1, 6^TH MAIN ROAD, DEFENCE COLONY, INDIRANAGAR, BENGALURU- 560038. REPRESENTED BY ITS MANAGING PARTNER, DR. SURENDRANATH REDDY S.,

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…PETITIONER

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(BY SRI. AMRUTHESH C.,ADVOCATE)

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AND:

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KARNATAKA MEDICAL COUNCIL # 16/6, 2^ND FLOOR, MILLER TANK BED AREA, VASANTHNAGAR, BENGALURU - 560 052 REP. BY ITS REGISTRAR.

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Digitally signed by SUMA B N Location: High Court of Karnataka

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SRI. DEEPAK KADAMBI S/O. K V SHESHADRI, MAJOR, R/AT HOUSE NO. 538, 10^TH MAIN, 5^TH BLOCK, JAYANAGAR, BENGALURU - 560 041.

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…RESPONDENTS

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(BY SMT. RATNA N. SHIVAYOGIMATH.,ADVOCATE FOR R1; R2 IS SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SHOW CAUSE NOTICE DTD.18.8.2017 VIDE ANNEX-C ISSUED BY THE R-1 IN SO FAR THE PETITIONER IS CONCERNED AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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2 - NC: 2024:KHC:30666 WP No. 40926 of 2017

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ORAL ORDER

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Petitioner-Diagnostic Centre is before this Court being aggrieved by issuance of show cause notice dated 18.08.2017 as per Annexure-C by the respondentKarnataka Medical Council in exercise of its power under Section 16 of the Karnataka Medical Registration Act, 1961, calling upon the petitioner as to why disciplinary action should not be taken against the petitionerDiagnostic Centre under the provisions of the Karnataka Medical Registration Act, 1961 on the allegation of petitioner-Diagnostic Centre having been allegedly involved in an incident wherein one Leena Kotera Plangappa wife of respondent No.2 herein was treated and while administering a drug under the supervision of the petitioner had developed certain reactions which eventually led to her death. This incident had further resulted in filing of a complaint by her husbandrespondent No.2 herein which was registered in Crime No.166/2015 for the offences punishable under Section 304(A) of the I.P.C on 12.05.2015.

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NC: 2024:KHC:30666 WP No. 40926 of 2017

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Sri.Amruthesh.C, learned counsel for the petitioner

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submits that the respondent-KMC has no control or supervisory power of any nature or whatsoever over the petitioner-diagnostic centre. As such, the question of initiating any proceedings under Section 16 of the Karnataka Medical Registration Act, 1961 against the petitioner-Diagnostic Centre would not arise.

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Smt.Ratna.N.Shivayoginath, learned counsel for

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the respondent-KMC does not dispute the same. However she submits that the Medical Council is at liberty to call upon the petitioner-Diagnostic Centre for the purpose of enquiry as witness or calling upon to produce any evidence

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as contemplated under Section 16 of the Karnataka

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Medical Registration Act, 1961.

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Heard and perused the records.

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There is no dispute that the respondent-KMC has

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no control or power over the petitioner-Diagnostic Centre. As such, question of issuing show cause notice dated

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NC: 2024:KHC:30666 WP No. 40926 of 2017

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18.08.2017 to the petitioner-Diagnostic Centre would not

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arise.

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In that view of the matter, petition is allowed.

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Impugned notice dated 18.08.2017 produced at

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Annexure-C is quashed.

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Sd/(M.G.S. KAMAL) JUDGE

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Vijaya Diagnostic Centre v. Karnataka Medical Council

Case brief

What is this about?

What did the court decide?

Vijaya Diagnostic Centre v. Karnataka Medical Council

Case brief

What is this about?

What did the court decide?

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