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2025 DAILYLAW 79968 (KAR)

SUYOG HOSPITAL v. CHIEF SECRETARY

WP/29426/2025 · 2025-12-01

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50406 WP No. 29426 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29426 OF 2025 (GM-RES) BETWEEN: SUYOG HOSPITAL (A UNIT OF AROGYA YOGA SAMSTHE), A REGISTERED PARTNERSHIP FIRM, REPRESENTED BY ITS MANAGING PARTNER DR. S.P. YOGANNA AGED ALSANT TOYES. HAVING ITS HOSPITAL AT P/2, DAKSHINESHWARA ROAD, E AND F BLOCK, RAMAKRISHNA NAGAR, MYSURU- 570 022. …PETITIONER (BY SRI. L.M.CHIDANANDAYYA, ADVOCATE) AND: 1. CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BENGALURU-560001 2. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES HAVING OFFICE AT 105, 1ST FLOOR, VIKASA SOUDHA, BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 3. SRI HARSHA GUPTA, PRINCIPAL SECRETARY, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50406 WP No. 29426 of 2025 DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES HAVING OFFICE AT 105, 1ST FLOOR, VIKASA SOUDHA, BENGALURU-560001. 4. SUVARNA AROGYA SURAKSHA TRUST (SAST), AROGYA SOUDHA, HAVING OFFICE AT 7TH FLOOR, 1ST CROSS, MAGADI ROAD, BENGALURU 560023, REPRESENTED BY ITS EXECUTIVE DIRECTOR. 5. EXECUTIVE DIRECTOR, SAST, AROGYA SOUDHA, HAVING OFFICE AT 7TH FLOOR, 1ST CROSS, MAGADI ROAD, BENGALURU 560023. 6. DIRECTOR (MEDICAL MANAGEMENT), SAST, AROGYA SOUDHA, HAVING OFFICE AT 7TH FLOOR, 1ST CROSS, MAGADI ROAD, BENGALURU 560023. 7. EMPANELMENT AND DISCIPLINARY COMMITTEE (EDC), SAST, REPRESENTED BY ITS CHAIRPERSON (EXECUTIVE DIRECTOR), AROGYA SOUDHA, HAVING OFFICE AT 7TH FLOOR, 1ST CROSS, MAGADI ROAD, BENGALURU 560023. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 AND R2; SRI. AJAY KUMAR.M., ADVOCATE FOR R4 TO R7; V/O DT.25.09.2025 R3 DEFFERED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IN MADE 19/09/2025 DATED LETTER THE NO.SAST/MM/EMYS/47/2025- MM SEC (E-213099) AND E-MAIL CORRESPONDENCE ISSUED - 3 - HC-KAR NC: 2025:KHC:50406 WP No. 29426 of 2025 BY THE 6 (TH) RESPONDENT VIDE ANNEXURE R. AND R- 1., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: (a) Quash the letter dated 19.09.2025 made in No.SAST/MM/EMYS/47-2025-MM SEC (E-213099) and E-mail Correspondence issued by the 6th respondent vide Annexure-R and R-1; (b) Direct the 1st respondent to initiate disciplinary proceedings against 3rd respondent Shri Harsha Guptha, Principle Secretary, 5th respondent Executive Director of SAST and 6th respondent Medical Director of SAST for having violated the terms of the MOU with a malafide intention to cause injury and hardship to the petitioner. (c) Award costs and pass such other order(s) as deemed fit in the facts and interests of justice. 2. A memo dated 26.11.2025, has been filed signed by the petitioner and counsel for the petitioner, which reads as under: "The petitioner in the above matter is challenged the order of De-empanelment of petitioner Hospital in terms of Annexure-R. During the course of hearing, it is submitted that the period of the Empanelment is already over. In the background of same the petitioner made an application for - 4 - HC-KAR NC: 2025:KHC:50406 WP No. 29426 of 2025 4th respondent Trust for continuation of Empanelment for further period. The 4th respondent Trust is considering the case of the petitioner for continuation of the Empanelment for further period. Therefore, it is humbly, prayed that this Hon'ble Court may permit the petitioner to withdraw the above Writ Petition with liberty to approach if need be with at later stage." 3. Accepting the said memo, the petition is dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE SSD List No.: 1 Sl No.: 84