RAJESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed in the nature of a public interest litigation praying to quash the Certificate of Registration granted in favour of respondent No.8.

(2.) The learned counsel for the petitioners vehemently submits that respondent No.8 has obtained the Certificate of Registration by misleading the Authorities that the Diagnostic Centre is situated beyond 300 meters from the Government Hospital. He invited our attention to the Certificate of Registration which shows that the period of validity of Certificate of Registration is from 31/10/2022 to 30/10/2027. He submits that Clause (2) of the Certificate of Registration makes it clear that any contravention of the Act and Rules shall result in suspension or cancellation of the Certificate of Registration before the expiry of the said period of five years apart from prosecution. He further submits that the petitioners have engaged the services of a private Consultant and the report of the private Consultant shows that the distance between the Diagnostic Centre established by respondent No.8 and the Government Hospital is 45.15 meters which is less than 200 meters. He also submits that the petitioners have made a representation dtd. 25/1/2023 to the respondents, but the same has not been considered and as such, they are before this Court.

(3.) Though at first blush, the submissions of the learned counsel for the petitioners look very attractive, but after going through the material placed on record and the provisions of the Karnataka Private Medical Establishments Act, 2007 (for short 'the said Act'), we are of the clear opinion that this public interest litigation cannot be entertained.