MOHAN BHATTA M R Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra -Court Appeal by the Writ Petitioner seeks to call in question a learned Single Judge's Order dtd. 13/3/2023 whereby his Writ Petition has been dismissed. The prayer of the Appellant in the Petition was to essentially for quashment of the Endorsement dtd. 6/12/2018 whereby his Application for registration under Sec. 5 of the Karnataka Private Medical Establishments Act, 2007 was rejected. He had also prayed for a direction to the Respondents herein for restraining their interference in his medical practice.

(2.) Learned counsel appearing for the Appellant vehemently argues that his client holds a PG Degree i.e., M.D. from Indian Board of Alternative Medicines and therefore, his discipline does not fall under the Department of AYUSH; he is entitled to practice in the branch of his specialization; therefore, the 2nd Respondent - Deputy Commissioner cum Chairman of Registration Committee ought to have granted registration for facilitating the avocation of his client. All these aspects, the counsel for the Appellant submits, having been wrongly treated by the learned Single Judge, the impugned order is liable to be voided and his Writ Petition needs to be allowed. Learned Additional Government Advocate appearing for the Respondent Nos. 1, 2, 3 & 5 opposes the Appeal making submission in justification of the reasoning of the learned Single Judge and the Endorsement impugned in the Writ Petition.

(3.) Having heard the learned counsel for the parties and having perused the Appeal papers, we decline indulgence in the matter broadly agreeing with the views of the learned Single Judge. At paragraph No.6 of the impugned order specifically discusses about the requirement of Certificate of Registration issued by the State Medical Council as being a sine qua non under the provisions of Sec. 6 of the 2007 Act and Rule 5 (IX) (b) of the KPME Rules.