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2025 DAILYLAW 47586 (KAR)

SRI. ANNAPPA TERDAL GRAMEEN v. THE STATE OF KARNATAKA

WP/102429/2023 · 2025-03-22

M G Uma

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5291 WP No. 102429 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 102429 OF 2023 (EDN-REG) BETWEEN: SRI. ANNAPPA TERDAL GRAMEEN ABHIVRUDDI SHIKSHANA SAMSTE, SHANTINAGAR, ATHANI, REPRESENTED BY ITS SECRETARY DR. NANDISH ANNAPPA TERDAL, AGE: 39 YEARS, DR. TERDAL AYURVEDIC MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTER, MADHABHAVI ROAD, ATHANI, AT: ATHANI, DIST: BELAGAVI. …PETITIONER (SRI. ANNAPPA TERDAL GRAMEEN ABHIVRUDDI SHIKSHANA SAMSTE, ATHANI, R/BY ITS SECRETARY DR. NANDISH ANNAPPA TERDAL - PETITIONER) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, M.S.BUILDING, BENGALURU-560001. 2. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AYUSH, AYUSH BHAVAN, 'B' BLOCK, GPO COMPLEX, NEW DELHI-110023. 3. NATIONAL COMMISSIOIN FOR INDIAN SYSTEM OF MEDICINE, MINISTRY OF AYUSH, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5291 WP No. 102429 of 2023 GOVERNMENT OF INDIA, REPRESENTED BY ITS PRESIDENT, MEDICAL ASSESSMENT AND RATING BOARD, NO.61-65, INSTITUTIONAL AREA, JANAKPURI, 'D' BLOCK, NEW DELHI-110058. 4. NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE, MINISTRY OF AYUSH, GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY, MEDICAL ASSESSMENT AND RATING BOARD, NO.61-65, INSTITUTIONAL AREA, JANAKPURI, 'D' BLOCK, NEW DELHI-110058. 5. THE REGISTRAR, RAJEEV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA BENGALURU, JAYANAGAR, 4TH 'T' BLOCK, BENGALURU-560047. 6. SHRI. HEMARADDI MALLAMMA EDUCATIONAL TRUST (R), BELLARY, C/O. VENKATESWARA HOSPITAL, 2ND CROSS, GANDHINAGAR, BALLARI, REPRESENTED BY ITS SECRETARY, DR. ANAND S.KIRISHAL, DIST: BALLARI-583103. 7. THE PRINCIPAL, SIDDARTH AYURVEDIC MEDICAL COLLEGE, HOSPITAL AND RESEARCH CENTRE, VIJAYPUR ROAD, SANKONATTI, ATHANI RURAL, DIST. BELAGAVI-591304. 8. DR. ANAND S.KIRISHAL, AGE: 48 YEARS, SENATE/SYNDICATE MEMBER, RAJEEV GANDHI UNIVERSITY OF - 3 - NC: 2025:KHC-D:5291 WP No. 102429 of 2023 HEALTH SCIENCE, # 98/1, SURA COMPLEX, DR. RAJKUMAR ROAD, BESIDE HOYSAL HOTEL, BALLARI, DIST. BALLARI-583103. 9. GRAM PANCHAYAT ATHANI, GRAMEEN SANKONATTI, AT: SANKONATTI, TQ. ATHANI, DIST. BELAGAVI, REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER PIN - 591304. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; SRI. GANGADHAR J.M., ADVOCATE FOR R5; SRI. ABHISHEK C. PATIL, ADVOCATE FOR R8 & R9; SRI. ANAND ASHTEKAR, ADVOCATE FOR R9; SRI. SHIVAPRASAD SHANTHANANAGOUDAR, ADV FOR R6 & R7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: 1) TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED CONSENT OF AFFILIATION FOR 2023-2024 FORM NO. 5 DATED 25-11-2022 IN NO.RGUHS/ACA/AFF/F/AY-122/2023-24 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE 7TH RESPONDENT VIDE ANNEXURE -G. 2) ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED FORM NO.4 IN NO.AYUSH/35/ME(2)-2022-23 DATED 30-11-2022 NO OBJECTION CERTIFICATE ISSUED BY 1ST RESPONDENT IN FAVOUR OF THE 7TH RESPONDENT VIDE ANNEXURE-G1. 3) TO DECLARE THAT THE IMPUGNED CONSENT OF AFFILIATION FOR 2023-2024 FORM NO.4 AND 5 ISSUED BY THE 1ST AND 5TH RESPONDENTS RESPECTIVELY VIDE ANNEXURE -G AND G1 ARE ILLEGAL AND NON-EST. 4) TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 4 TO CONSIDER THE COMPLAINTS/ OBJECTIONS FILED BY THE PETITIONERS VIDE ANNEXURE-J, J1, AND TO PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW. 5) TO DECLARE THAT THE PROPOSAL SUBMITTED BY THE 7TH RESPONDENT VIDE ANNEXURE-E IS DEFECTIVE AND NOT IN COMPLIANCE WITH THE REGULATIONS AND NOT IN ACCORDANCE WITH LAW. - 4 - NC: 2025:KHC-D:5291 WP No. 102429 of 2023 THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER 1. Learned counsel for the petitioner is absent and there is no representation. Learned counsel for respondent submits that petition does not survive for consideration, he prays for dismissal of the petition. 2. The order sheet dated 17.03.2025 reads as under: Sri Shivaraj P. Mudhol and Sri Gurudev Gachchinamath learned counsel have filed two separate memos dated 18.07.2023 and 30.10.2023 respectively, stating that the petitioner has taken back the entire file, in order to engage the services of some other counsel and he has endorsed on both the memos. Perused both the memos. Satisfied. Memos are accepted. Learned counsel Sri Shivaraj P. Mudhol, Sri Anand D. Bagewadi, Shivanand Malashetti and Sri Gurudev Gachchinamath are permitted to retire from the case. Registry is directed to delete their names from the cause list and show the name of the petitioner in the cause list. - 5 - NC: 2025:KHC-D:5291 WP No. 102429 of 2023 Even though memos dated 18.07.2023 and 30.10.2023 were filed by learned counsel Sri Shivaraj P. Mudhol and Sri Gurudev Gachchinamath respectively, petitioner has not appeared before the Court nor made any arrangement to represent on his behalf. I do not find any reason to keep the petition pending. However, to afford one more opportunity either to appear in person or to engage any other counsel on his behalf, list this matter on 22.03.2025 3. In spite of that, none appears for the petitioner. Petition is of the year 2023. I do not find any reason to adjourn the matter, it appears that the petitioner is not interested in prosecuting the petition. Hence, the petition is dismissed. Sd/- (M.G.UMA) JUDGE VB CT:ANB List No.: 1 Sl No.: 10