- 1 - NC: 2025:KHC-D:3424 WP No. 101276 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 101276 OF 2025 (GM-RES) BETWEEN: KARNATAKA BOARD OF ELECTRO-HOMEOPATHY RECOGNISATION RESEARCH AND DEVELOPMENT ASSOICATION, REG. OFF. PLOT NO. 2, 2ND FLOOR, CTS NO. 606, WARD NO. 24, BASAVESHWAR NAGAR, GOKUL ROAD, HUBLI, DT. DHARWAD- 580023, REPRESENTED BY ITS PRESIDENT VEERANNA S. MARABASHETTAR. …PETITIONER (BY SRI SANKET S. AMBALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE 105, 1ST FLOOR, VIKAS SOUDHA, BENGALURU- 560001. 2. THE COMMISSIONER, HEALTH AND FAMILY WELFARE SERVICE, AROGYA SOUDH, 5TH FLOOR, MAGADI RAOD, BENGALURU- 560023. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3424 WP No. 101276 of 2025 3. TALUK HEALTH OFFICER, CITY GARDEN ROAD, NEAR DATTATREY TEMPLE, MUDHOL, DIST. BAGALKOT- 587313. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO 1. ISSUE WRIT IN THE NATURE OF CERTIORARI/ORDER/DIRECTION OF APPROPRIATE NATURE AND SET ASIDE THE IMPUGNED NOTICE BEARING NO. TA.AA.A.MU./18/2024-25 DATED 10.02.2025 (ANNEXURE-A) ISSUED BY THE RESPONDENT NO.3, FURTHER DIRECT THE RESPONDENTS NOT TO ISSUE ANY SUCH NOTICE TO THE MEMBERS OF THE PETITIONER BOARD. 2. ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO INTERFERE WITH THE PRACTICE OF THE MEMBERS OF THE PETITIONER BOARD AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands answered by the Coordinate Bench of this Court in W.P. No.15771/2024, disposed of on 8th August 2024. The Coordinate Bench has held as follows: “The petitioner, an Association registered under the Karnataka Societies Registration Act, 1960, is - 3 - NC: 2025:KHC-D:3424 WP No. 101276 of 2025 dedicated to educating its members on imparting medical knowledge, conducting awareness programs regarding the Electro Homeopathy system of medicine, and providing free therapy to the needy. The petitioner has approached this Honorable Court seeking the following reliefs: A) To declare that the Karnataka Private Medical Establishment Act, along with the rules framed thereunder, is not applicable to the members of the petitioner Association who hold certificates in Electro Homeopathy, allowing them to practice, develop, and conduct research in the field of Electro Homeopathy, given that no statute or rule currently imposes a ban on such activities. B) To issue a direction or a Writ of Mandamus against respondents No. 2 to 4, or the concerned respondent authorities, restraining them from interfering with the petitioner’s members in their efforts to practice, develop, and conduct research in Electro Homeopathy within the State, until appropriate rules are framed by the competent authority, in the interest of justice and equity. C) To permit the members of the petitioner Association to practice, develop, and conduct research in Electro Homeopathy within the State, strictly in accordance with the parameters issued by respondent No.1, the Central Government, until such time as rules are framed by the competent authority, in the interest of justice and equity. 2. The Court has heard the learned counsel for the parties. 3. The Supreme Court, while addressing similar issues concerning the practice of Electro Homeopathy, has ruled that no institution is authorized to confer a degree or diploma in Electro Homeopathy without - 4 - NC: 2025:KHC-D:3424 WP No. 101276 of 2025 statutory authorization. However, individuals are permitted to practice Electro Homeopathy as an alternative therapy, provided they do so without claiming the conferment of any degree or diploma without the necessary statutory backing. 4. It is therefore imperative to state that the members of the petitioner Association are permitted to practice Electro Homeopathy without claiming the conferment of any degree or diploma without the necessary statutory backing.” 2. In the light of the issue standing covered by the judgment passed by the Coordinate Bench of this Court (supra), on all its fours and on the same reasons, the subject petition also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 3 Sl No.: 6