Karnataka High Court
Shankargouda Kallangouda Patil vs The State Of Karnataka on 2 January, 2015
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopala Gowda
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 2ND DAY OF JANUARY 2015
BEFORE
THE HON'BLE MR.JUSTICE A.N. VENUGOPALA GOWDA
Writ Petition Nos.107152/2014, 107154/2014
and 107156/2014 (GM-RES)
Between:
Shankargouda Kallangouda Patil,
Age: 49 Years
Occ : Community Health Advisor,
R/o: At Post Asundi,
Tq: Ranebennur, Dist: Haveri. ...Petitioner
(in W.P. No.107152/2014)
(By Sri. V.G. Bhat, Advocate)
Channabasappa Kallappa Angadi,
Age: 30 Years
Occ : Community Health Advisor,
R/o: At Post Kurdekeri,
Tq: Hubli, Dist: Dharwad. ...Petitioner
(in W.P. No.107154/2014)
(By Sri. V.G. Bhat, Advocate)
Lingraj Nalwal,
Age: 42 Years
Occ : Community Health Advisor,
R/o: At Post Matti Gatti,
Tq: Kundgol, Dist: Dharwad. ...Petitioner
(in W.P. No.107156/2014)
(By Sri. V.G. Bhat, Advocate)
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And:
1. The State of Karnataka,
R/By Its Secretary
Department of Health and
Family Welfare, Vikas Soudha,
Bangalore-560001.
2. The Director,
Department of Health and
Family Welfare Service,
Anandrao Circle, Bangalore-560009.
3. The District & Family Welfare Officer,
Dharwad District, Dharwad. ...Respondents
(common in all W.Ps.)
(By Smt. K.Vidyavathi, Addl. Government Advocate)
W.P. No.107152/2014 is filed under Articles 226 &
227 of the Constitution of India praying to direct the
respondents to consider the application filed by the
petitioner for registration of his medical establishment vide
Annexure-E dated 16.06.2014, within a time bound period
and direct the respondents not to interfere in petitioner's
practice at his medical establishment unless his application
is considered in accordance with law after giving notice.
W.P. No.107154/2014 is filed under Articles 226 &
227 of the Constitution of India praying to direct the
respondents to consider the application filed by the
petitioner for registration of his medical establishment vide
Annexure-E dated 07.06.2014, within a time bound period
and direct the respondents not to interfere in petitioner's
practice at his medical establishment unless his application
is considered in accordance with law after giving notice.
W.P. No.107156/2014 is filed under Articles 226 &
227 of the Constitution of India praying to direct the
respondents to consider the application filed by the
petitioner for registration of his medical establishment vide
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Annexure-E dated 07.06.2014, within a time bound period
and direct the respondents not to interfere in petitioner's
practice at his medical establishment unless his application
is considered in accordance with law after giving notice.
These petitions coming on for Preliminary Hearing
this day, the Court made the following:
ORDER
The petitioners are before this Court asking for a mandamus against the respondents to consider their respective application/s filed for registration of their respective medical establishment/s and also, not to interfere with their practice, until their respective application/s are considered and decision is arrived at.
2. The petitioners claim that they are medical practitioner/s practising in various forms of medical sciences. Section 3 of the Karnataka Private Medical Establishments Act, 2007 (for short, 'the Act') being relevant, reads as under:
" 3. Registration of Private Medical Establishments.- On and after the appointed day, no Private Medical Establishment shall be established, run or maintained in the State except :4: under and in accordance with the terms and conditions of registration granted under this Act:
Provided that a Private Medical Establishment in existence immediately prior to the appointed day shall apply for such registration within six months from the date of commencement of the Karnataka Private Medical Establishments (Amendment) Act, 2012 and pending orders thereon may continue to run or maintain till the disposal of the application."
3. The petitioners have made the application/s for registration of their respective establishment/s. Alleging inaction on the part of the respondents in the matter of consideration of their said application/s, these writ petitions were filed for the reliefs, mentioned supra.
4. Proviso under Section 3, extracted supra, makes clear that a private medical establishment in existence, immediately prior to the appointed day shall apply for registration within six months from the appointed day and pending orders thereon, may continue to run or maintain, till the disposal of the application. :5:
5. Shri V.G.Bhat, learned advocate for the petitioners, by referring to an order dated 13.12.2013 passed in W.P. No.56542/2013, submitted that the petitioners' claim being similar, these writ petitions may be disposed of in similar terms.
6. Per contra, Smt. K.Vidyavathi, learned Additional Government Advocate, submitted that the petitioners have been informed about the need of uploading their applications for registration, through internet, in the website www.karhfw.gov.in and that they have not uploaded their application/s for registration accordingly. She submitted that, if the petitioners were to upload their application/s through internet in the said website, the same would be processed and decision taken without any delay. She submitted that, neither there is any inaction nor arbitrariness in the matter, on the part of the respondents and that the order dated 13.12.2013 passed in W.P. No.56542/2013 has no application to the facts and circumstances of the instant cases. :6:
7. Having considered the rival submissions and the record of the writ petitions, there being no dispute that the petitioners have not uploaded their application/s for registration through internet in the said website, there is a need for the petitioners to upload their respective application/s for registration through internet in the said website. If the petitioners were to comply with the same, as undertaken by Smt. K.Vidyavathi, the respondents shall consider the applications in accordance with law and make known to the petitioners, the outcome thereof. Needless to observe that the petitioners shall have to comply with pre-requisites, as has been made clear in Section 6 of the Act i.e., while uploading their respective application/s for registration under Section 5 of the Act and in such an event, the uploaded application/s shall have to be dealt with in the manner provided under Sections 7 and 8 of the Act.
8. In W.P. No.40151/2014, by order dated 11.11.2014, when a similar claim was made by the petitioner therein, that the respondents be directed not :7: to disturb his practice in Alternative System of Medicines till the application for registration made under the provisions of the Act and the Rules framed thereunder is decided, after noticing that the petitioner had not produced any material in support of his assertion that his private medical establishment was in existence prior to the appointed day, the claim made by the petitioner was disallowed.
9. The petitioners' case being identical to the case of the petitioner in W.P.No.40151/2014, they are not entitled to the madamus sought as against the respondents not to interference with the practice of their medical establishment/s till their respective application/s for registration of their respective medical establishment/s are uploaded in the said website and decision thereon is arrived at. The petitioners have not produced any material, on the basis of which it can be inferred that their private medical establishment/s was in existence prior to the appointed day. In the circumstances, the claim of the petitioners, that they are :8: entitled to continue their practice and the respondents are not entitled to interfere with their practice until the consideration of their respective application/s, has no merit.
10. In W.P.No.56542/2013, this Court following an order dated 14.03.2012 passed in W.P. Nos.47102- 104/11 and connected cases and finding that the competent authority has the legal obligation to dispose of the application, a mandamus was issued. The case of the petitioners herein being not identical to the case of the petitioner in W.P.No.40151/2014, reliance placed by Shri. V.G.Bhat, on the order dated 13.12.2013 passed in W.P.No.56542/2013 has no merit.
In the circumstances, these writ petitions are disposed of by permitting the petitioners to upload their respective application/s for registration, through internet, in the website - www.karhfw.gov.in. If the petitioners were to upload their respective application/s accordingly, the respondents shall consider the same in accordance :9: with the provisions of the Act and make known to the petitioners, the outcome thereof, without any delay. Depending upon the decision of the competent authority, the petitioners may seek further relief, if any, in accordance with law. Ordered accordingly.
Smt. K.Vidyavathi, learned Additional Government Advocate is permitted to file memo of appearance within four weeks.
SD/-
JUDGE Kms