Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 26015 (KAR)

SRI MOHAMMED REHAN v. THE STATE OF KARNATAKA

WP/22916/2017 · 2025-01-23

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2994 WP No. 22916 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 22916 OF 2017 (GM-RES) BETWEEN: SRI MOHAMMED REHAN S/O LATE ABDUL AZEEM, AGED ABOUT 62 YEARS, R/O OPP. ANKITHA SCHOOL, PRAGATHI BADAVANE, MARALURU, TUMKUR-572 106. …PETITIONER (BY SRI. M.B.CHANDRACHOODA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HEALTH, VIKAS SOUDHA, BANGALORE-01. 2. THE DEPUTY COMMISSIONER, CHAIRMAN OF REGISTRATION COMMITTEE, FOR KARNATAKA PRIVATE MEDICAL ESTABLISHMENT, TUMKUR DISTRICT, TUMKUR-572 106. 3. THE DISTRICT HEALTH & FAMILY WELFARE OFFICER, TUMKUR DISTRICT, TUMKUR -572 106. 4. THE SECRETARY, INDIAN MEDICAL ASSOCIATION, TUMKUR DISTRICT, TUMKUR -572 106. 5. THE DISTRICT SECRETARY, DISTRICT AYUSH OFFICER, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2994 WP No. 22916 of 2017 TUMKUR DISTRICT, TUMKUR -572 106. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1 TO 3; R5-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.M.B.Chandrachooda., counsel for the petitioner and Smt.Manjunatha Rayappa., AGA for respondents 1 to 3 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the Endorsements dated:03.08.2016 and 31.08.2016 vide Annexure-F and H and a Mandamus directing respondents 3 to 5 to place the application filed by the petitioner on 13.07.2016 before the Registration Authority i.e., respondent No.2 for issue of certificate of practice as per Section 3 of the Act. 3. Heard the arguments and perused the Writ papers with care. - 3 - NC: 2025:KHC:2994 WP No. 22916 of 2017 4. The particulars that were sought in the endorsement vide Annexure-F were furnished by the petitioner on 18.08.2016. However, a communication was issued on 31.08.2016 stating that the competent authority is the third respondent. Hence, the particulars that were furnished by the petitioner were returned. The contention of the Government is that the request of the petitioner would be considered only by the third respondent. Hence, this Court deems it proper to direct the District Ayush Officer to place the request of the petitioner before the third respondent. Upon placing of the request, the third respondent is directed to consider the same in accordance with the law. 5.. Resultantly, the Writ Petition is disposed of. This Court has not expressed any opinion on the merits of the case. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 25