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2026 DAILYLAW 4582 (KAR)

M/S RURAL POLY CLINIC v. THE STATE OF KARNATAKA

WP/9950/2026 · 2026-04-02

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17981 WP No. 9950 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 9950 OF 2026 (GM-RES) BETWEEN: M/S RURAL POLY CLINIC BY ITS PROPRITOR SRI. MUNEER AHMED. BEHIND RAVI DEPO, GOVT. URDU COLLEGE ROAD, SHANTINAGARA, SOMESHWARAM, TUMAKUR - 572 102. &PETITIONER (BY SRI. SHYAM SUNDER BAJPEKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, (MEDICAL EDUCATION/ AYUSH) DEPARTMENT OF HEALTH AND FAMILY WELFARE (AYUSH), ROOM NO. 313, 3RD FLOOR, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE REGISTRAR, KARNATAKA AYURVEDA AND UNANI PRACTITIONERS BOARD, NO. 47, 2ND FLOOR, DHANVANTRI ROAD, NEAR AYURVEDA COLLEGE CIRCLE, BENGALURU - 560 009. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17981 WP No. 9950 of 2026 3. DIRECTORATE OF HEALTH AND FAMILY WELFARE SERVICES, REGISTRATION AUTHORITY KPME ANANDA RAO CIRCLE, OPPOSITE RAILWAY STATION, BENGALURU - 560 009, 4. THE DEPUTY COMMISSIONER AND CHAIRMAN/CEO LICENSING AUTHORITY KPME DISTRICT ADMINISTRATIVE COMPLEX, ASHOKA ROAD, TUMAKURU - 572 101, 5. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER SECRETARY DISTRICT REGISTRATION AUTHORITY K P M E DISTRICT HEALTH AND FAMILY WELFARE OFFICER DISTRICT HEALTH OFFICE ASHOKA ROAD TUKMAKURU - 572 101 6. THE PRESIDENT, IMA TUMAKURU BRANCH, MEMBER, DISTRICT REGISTRATION AUTHORITY KPME, IMA BHAVAN, NEAR SSIT COLLEGE, S.S. PURAM, TUMAKURU - 572 102, 7. THE DISTRICT AYUSH OFFICER, MEMBER DISTRICT REGISTRATION AUTHORITY KPME DISTRICT AYUSH OFFICE - 3 - HC-KAR NC: 2026:KHC:17981 WP No. 9950 of 2026 OPPOSITE TO DISTRICT HOSPITAL ASHOKA ROAD TUMAKURU - 572 101 &RESPONDENTS (BY SRI. ADITYA DIWAKAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RENEW THE PETITIONERS REGISTRATION CERTIFICATE/LICENSE UNDER THE KARNATAKA PRIVATE MEDICAL ESTABLISHMENTS ACT, 2007 FORTHWITH THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking a writ in the nature of mandamus directing the respondents to renew the petitioner's registration certificate/license under the Karnataka Private Medical Establishments Act, 2007 (for short, 'KPME Act. 2007'). 2. The petitioner, claiming to be a newly registered practitioner of Ayurveda under the provisions of the Karnataka Ayurvedic, Unani and Naturopathy Practitioners9 - 4 - HC-KAR NC: 2026:KHC:17981 WP No. 9950 of 2026 Registration and Medical Practitioners Miscellaneous Provisions Act, 1961, asserts that he is entitled to continue his practice upon securing a valid licence under the Karnataka Private Medical Establishments Act, 2007 (<KPME Act, 2007=). It is the specific grievance of the petitioner that the respondents have arbitrarily refused to entertain and process his application for renewal of licence, thereby infringing his statutory rights guaranteed under the provisions of the KPME Act, 2007. In that view of the matter, the petitioner has approached this Court seeking issuance of a writ in the nature of mandamus directing the respondents to accept his renewal application and to facilitate continuation of his registration in accordance with law. 3. Per contra, learned Additional Government Advocate, placing reliance on the order passed by respondent No.3 as evidenced at Annexure-H, would submit that the very foundation of the petitioner9s claim no longer subsists. It is contended that the petitioner9s - 5 - HC-KAR NC: 2026:KHC:17981 WP No. 9950 of 2026 registration has already been cancelled by the competent authority upon consideration of complaints received against him. Once such cancellation has attained effect, the question of considering any application for renewal does not arise. Learned AGA would further contend that if the petitioner is aggrieved by the order of cancellation, the appropriate course available to him is to invoke the statutory remedy provided under Section 4 of the KPME Act, 2007, and not to seek a writ of mandamus in the present proceedings. 4. This Court, having given its anxious consideration to the rival submissions and upon perusal of the material placed on record, particularly the order of cancellation produced at Annexure-H, is of the considered opinion that the petitioner has failed to establish any subsisting legal right warranting interference by this Court. Once the competent authority has cancelled the petitioner9s registration on the basis of complaints, the petitioner cannot, as a matter of right, seek a direction to renew the - 6 - HC-KAR NC: 2026:KHC:17981 WP No. 9950 of 2026 licence. Correspondingly, no statutory obligation can be fastened upon the respondents to consider the petitioner9s application for renewal in the absence of a valid and subsisting registration. Unless and until the order of cancellation is set aside in a manner known to law under the provisions of the Act, no mandamus can be issued. 5. In that view of the matter, the writ petition stands disposed of. However, liberty is reserved to the petitioner to avail such alternative and efficacious remedy as is available under the provisions of the KPME Act, 2007, including challenging the order of cancellation, in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 11