Gadigeppa Koteppa Kotennavar vs State of Karnataka and Others

A.N. Venugopal Gowda, J.—The petitioner is before this Court asking for a mandamus against the respondents to consider his application filed for registration of his medical establishment and also, not to interfere with his practice, until his application is considered and decision is arrived at.

The petitioner claims that he is a medical practitioner 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:

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 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."

The petitioner has made an application for registration of his establishment. Alleging inaction on the part of the respondents in the matter of consideration of his application, this writ petition is filed for the reliefs, mentioned supra.

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.

Shri V.G. Bhat, learned advocate for the petitioner, by referring to an order dated 13.12.2013 passed in W.P. No. 56542/2013, submitted that the petitioner''s claim being similar, this writ petition may be disposed of in similar terms.

Per contra, Smt. K. Vidyavathi, learned Additional Government Advocate, submitted that the petitioner has been informed about the need of uploading his application for registration, through internet, in the website www.karhfw.gov.in and that petitioner has not uploaded his application for registration accordingly. She submitted that, if the petitioner were to upload his application 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.

Having considered the rival submissions and the record of the writ petition, there being no dispute that the petitioner has not uploaded his application for registration through internet in the said website, there is a need for the petitioner to upload his application for registration through internet in the said website. If the petitioner were to comply with the same, as undertaken by Smt. K. Vidyavathi, the respondents shall consider the application in accordance with law and make known to the petitioner, the outcome thereof. Needless to observe that the petitioner shall have to comply with prerequisites, as has been made clear in Section 6 of the Act i.e., while uploading his application for registration under Section 5 of the Act and in such an event, the uploaded application shall have to be dealt with in the manner provided under Sections 7 and 8 of the Act.

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 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.

The petitioner''s case being identical to the case of the petitioner in W.P. No. 40151/2014, he is not entitled to the mandamus sought as against the respondents not to interference with the practice at his medical establishment till his application for registration of his medical establishment is uploaded in the said website and decision thereon is arrived at. The petitioner has not produced any material, on the basis of which it can be inferred that his private medical establishment was in existence prior to the appointed day. In the circumstances, the claim of the petitioner, that he is entitled to continue his practice and the respondents are not entitled to interfere with his practice until the consideration of his application, has no merit.

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 petitioner 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, this writ petition is disposed of by permitting the petitioner to upload his application for registration, through internet, in the website � www.karhfw.gov.in. If the petitioner were to upload his application accordingly, the respondents shall consider the same in accordance with the provisions of the Act and make known to the petitioner, the outcome thereof, without any delay. Depending upon the decision of the competent authority, the petitioner 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.