Dr S Ramesh Babu Vs the State of Karnataka

DR. S. RAMESH BABU S/O SRI. M. SHESHADRI AGED ABOUT 43 YEARS, NANDU CLINIC, TOKKASANDRA VILLAGE, GUTTAL HUNSE POST, KANAKAPURA ROAD, RAMANAGARM DISTRICT - 561 511.

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…PETITIONER

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(BY SRI. N.R. NAIK, ADVOCATE)

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AND:

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY

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HEALTH DEPARTMENT, VIKASA SOUDHA,

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BANGALORE - 560 001.

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THE DEPUTY COMMISSIONER RAMANAGAR DISTRICT

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RAMANAGAR - 571 511.

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THE CHIEF EXECUTIVE OFFICER AND CHAIRMAN OF REGISTRATION COMMITTEE FOR KARNATAKA PRIVATE MEDICAL ESTABLISHMENT ACT, RAMANGARAM DISTRICT - 571 511.

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2 - NC: 2026:KHC:31090 WP No. 47077 of 2015

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HC-KAR

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THE DISTRICT HEALTH & FAMILY WELFARE OFFICER RAMANAGARM DISTRICT RAMANAGARAM - 571 511.

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THE SECRETARY INDIAN MEDICAL ASSOCIATION RAMANAGARAM DISTRICT, RAMANAGARAM - 571 511.

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THE DISTRICT SECRETARY DISTRICT AYUSH OFFICER, RAMANAGARM DISTRICT, RAMANAGARAM - 571 511.

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THE REGISTRAR KARNATAKA AYURVED & UNANI MEDICAL BOARD, GANDHI NAGAR, BANGALORE - 560 009.

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…RESPONDENTS

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(BY SRI. SRINIVAS KUMAR M., HCGP FOR R1, R2, R3, R4 AND R6; SMT. SUMANA BALIGA, ADVOCATE FOR R7; R5 - SERVED)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER ISSUED BY THE R-7 DATED 24.7.2015 SEEKING FOR CANCELLATION OF REGISTRATION CERTIFICATE ISSUED BY THE COMMITTEE HEADED BY R-3 CHAIRMAN AND REGISTERING AUTHORITY WITH THE MEMBERS OF THE COMMITTEE BY THE R-4 TO R-7 VIDE ANN-M AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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3 -

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NC: 2026:KHC:31090 WP No. 47077 of 2015

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL ORDER

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The petitioner who claims to have completed his studies in the alternative system of medicine from the Indian Board of Alternative Medicine constituted under Government of West Bengal Act, XXVI of 1961, had obtained a registration certificate as per Annexure-L from the Karnataka Private Medical Establishment Authority, Ramanagara District, Ramanagara, which was valid for a period of 5 years from the date of registration. Subsequently, respondent No.7 - The Registrar of Karnataka Ayurved and Unani Medical Board, issued a communication to the President of the registering authority, raising objections with regard to registration of petitioner on 2 counts. Firstly, system of alternative medicine has not been recognized in the State of Karnataka; secondly, person intending to obtain registration under the Karnataka Private Medical Establishment Act, 2007 and 2010 (for short 'the Act')

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4 - NC: 2026:KHC:31090 WP No. 47077 of 2015

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HC-KAR

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ought to have got himself registered as Medical Practitioner as defined under Section 2(k) of the said Act. Non-compliance of the aforesaid requirement, would not allow the person like petitioner to practice and to obtain registration under the relevant provision of law. Acting upon the said objection, a Committee headed by respondent Nos.3 to 6 issued a communication / letter dated 26.08.2015 as per Annexure-P, canceling the registration certificate of the petitioner which was earlier issued in his favour. Being aggrieved, the present petition.

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2. Learned counsel for the petitioner appearing through video conference raises two principle grounds. Firstly, the authority which has cancelled the registration had no jurisdiction; secondly, even the Karnataka Private Medical Establishment Rules contemplate and recognize the alternative Medicine Centers. Referring to Annexure-L, the certificate, he submitted that the same was issued by the members as shown therein and the very same

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5 - NC: 2026:KHC:31090 WP No. 47077 of 2015

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HC-KAR

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members cannot act contrary to their action. Hence, seeks to allow the petition.

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3. In response, learned counsel appearing for

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respondent No.7 drawing attention of this Court to the provisions of the Act, submits that since the Act do not contemplate and recognize alternative medical practice as a recognized system of treatment in the State of Karnataka, the certificate obtained by the petitioner from Indian Board of Alternative Medicines, West Bengal is of no avail. She submits unless and until petitioner satisfy the requirement of definition 2(k) of the Act, he cannot be permitted to practice within the state of Karnataka. She further submits, petitioner if aggrieved can avail the remedy of appeal provided under Section 17 of the Act. Hence seeks for dismissal of petition.

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4. Supplementing the submission made by the learned counsel for respondent No.7, learned HCGP submits since statutory alternative remedy is provided, the

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6 - NC: 2026:KHC:31090 WP No. 47077 of 2015

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HC-KAR

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petitioner is at liberty to seek such appeal and the same

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would be disposed of in accordance with law.

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5. Heard, perused the records.

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6. At this juncture, learned counsel for the

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petitioner submits that, if liberty is reserved to the petitioner to avail remedy of appeal provided under Section 17 of the Act, the purpose of the petition would be served.

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7. Submission is placed on record.

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Petition is disposed as withdrawn with liberty to

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file an appeal as sought for.

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

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GPG List No.: 1 Sl No.: 4

Dr S Ramesh Babu v. the State of Karnataka

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Dr S Ramesh Babu v. the State of Karnataka

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