Karnataka High Court
Dr. Prashant Urs vs State Of Karnataka on 17 December, 2021
Author: Ritu Raj Awasthi
Bench: Ritu Raj Awasthi
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER, 2021
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.22896 OF 2021 (GM-RES-PIL)
BETWEEN:
DR.PRASHANT URS
S/O.LATE M.S.SOMARAJ URS
AGED ABOUT 50 YEARS
NO.2/A/8, EAST END MAIN ROAD
4TH 'T' BLOCK, JAYANAGAR
BENGALURU - 560 041 ... PETITIONER
(BY SRI SHRIDHAR PRABHU, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF HOME
ROOM NO.222, II FLOOR
VIDHANA SOUDHA
BENGALURU - 560 001
REP. BY ADDITIONAL CHIEF
SECRETARY FOR GOVERNMENT
OF KARNATAKA
2. STATE OF KARNATAKA
DEPARTMENT OF REVENUE
ROOM NO.505, 5TH FLOOR
GATE-3, M.S.BUILDING
DR.B.R.AMBEDKAR VEEDHI
BENGALURU - 560 001
REP. BY PRINCIPAL SECRETARY
TO GOVERNMENT OF KARNATAKA
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3. STATE OF KARNATAKA
DEPARTMENT OF HEALTH
ROOM NO.222, II FLOOR
VIDHANA SOUDHA
BENGALURU - 560 001
REPRESENTED BY
ADDITIONAL CHIEF SECRETARY
FOR GOVERNMENT OF KARNATAKA
4. DEPUTY COMMISSIONER
BENGALURU (RURAL DISTRICT)
RURAL DISTRICT
DISTRICT OFFICE COMPLEX
BEERASANDRA VILLAGE
DEVANAHALLI TALUK - 562 110
5. NATIONAL NEONATOLOGY FORUM
803, 8TH FLOOR, A-9
NORTHEX TOWER, PITAMPURA
NETAJI SUBHASH PLACE
NEW DELHI - 110 034
REPRESENTED BY ITS PRESIDENT ... RESPONDENTS
(BY SRI S.RAJASHEKAR, AGA FOR R-1 TO R-4;
SRI SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R-5)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF MANDAMUS OR ANY OTHER WRIT IN THE NATURE
OF MANDAMUS OR ANY ORDER OR DIRECTION TO
RESPONDENT NOS.1 TO 4 NOT PERMIT RESPONDENT NO.5
FROM HOLDING THE NOECON 2021 EVENT IN THE
PHYSICAL MODE IN HOSKOTE DISTRICT OF KARNATAKA
OR ANY OTHER PLACE IN THE STATE OF KARNATAKA AND
ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING, THROUGH PHYSICAL HEARING THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:
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ORDER
Heard Sri Shridhar Prabhu, learned counsel for petitioner, learned Additional Government Advocate for respondent Nos.1 to 4 as well as Sri Shivarudrappa Shetkar, learned counsel for respondent No.5.
2. A memo has been filed by fifth respondent giving number of participants in NEOCON 2021 Conference. It is stated in the memo that only 305 persons are participating in the conference and all the precautions have been taken regarding the Covid pandemic and the SOP would be strictly adhered to. It is also stated that those participants who are tested RTPCR negative and also administered two doses of Covid-19 vaccine will be allowed to participate in the conference.
3. Learned Additional Government Advocate has filed a memo stating therein that the site at which the conference is to be held has been inspected by the authorities such as Taluk Health Officer and Police Officials and have reported that there are no instances of violation of any conditions of the Government Order dated 03.12.2021. It is also submitted that since number of -4- participants is less than 500, no official permission is required to hold the said conference.
4. Learned counsel for the petitioner, on the other hand, submits that as per the advisory dated 28.11.2021 issued by the Government of Karnataka, the Health Care Professionals are advised that they shall conduct the conferences, seminars and CME Sessions etc. virtually for few more months to send a positive message to professionals in other fields, in the larger interest of public health.
5. It is also submitted that the Pediatrician and Neonatologists are only few in district and as such, it is not advisible for them to attend this conference where there is a threat of getting Covid-19 infection.
6. We have considered the submissions and gone through the records. In view of specific stand taken by the Organisers i.e. the fifth respondent that the number of participants is only 305 and only those participants would be permitted to participate in the conference who have tested RTPCR negative and have taken two doses of Covid- 19 vaccine and SOP for Covid-19 would be strictly adhered -5- to as well as taking into consideration the stand of the State Government authorities that there has been no violation, there are no instances of any violation of Covid- 19 SOP by the Organisers and no permission is required to be taken from the authorities for holding the conference consisting of less than 500 persons, as such, we permit the Organisers to hold the conference as per schedule. However, they shall strictly ensure the compliance of SOP of Covid-19 and also ensure that the participants invited in the conference have given their RTPCR negative report within 48.00 hours and also the certificate of two doses of Covid-19 vaccine.
With these observations, writ petition is disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE LB