Case Note & Summary
The petitioner, a doctor, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a notice dated 19.09.2011 issued by the third respondent (District Health and Family Welfare, Zilla Panchayat, Dharwad) which held that the petitioner was not qualified to practice medicine and directed him to close his medical clinic. The petitioner also challenged the constitutional validity of the proviso to Section 3 of the Karnataka Private Medical Establishments Act, 2007. The court noted that this writ petition was almost similar to W.P.Nos.67132-67133/2011, which had been dismissed earlier on the same day. The learned counsel for the petitioner argued that the proviso to Section 3 was unconstitutional as it was contrary to the Act. However, the court, relying on the dismissal of the similar petition, dismissed this writ petition as well. The court did not provide detailed reasoning but followed its earlier decision. The petition was dismissed, upholding the notice and the validity of the proviso.
Headnote
A) Constitutional Law - Validity of Legislation - Proviso to Section 3 of Karnataka Private Medical Establishments Act, 2007 - Challenge to constitutional validity of proviso - Petitioner challenged proviso as unconstitutional - Court dismissed petition as similar petition was dismissed earlier - Held that the challenge fails (Para 3-4).
B) Medical Law - Qualification to Practice - Notice to Close Clinic - Petitioner held not qualified to practice medicine - Notice dated 19.09.2011 directing closure of clinic - Court dismissed petition as similar matter was dismissed - Held that the notice is valid (Para 1-4).
Issue of Consideration
Whether the proviso to Section 3 of the Karnataka Private Medical Establishments Act, 2007 is unconstitutional and whether the notice dated 19.09.2011 directing the petitioner to close his medical clinic is valid.
Final Decision
Writ petition dismissed. The notice dated 19.09.2011 and the constitutional validity of the proviso to Section 3 of the Karnataka Private Medical Establishments Act, 2007 are upheld.
Law Points
- Constitutional validity of proviso to Section 3 of Karnataka Private Medical Establishments Act
- 2007
- Qualification to practice medicine
- Writ jurisdiction under Articles 226 and 227 of Constitution of India
Case Details
2016 LawText (KAR) (04) 50
W.P. No.67185/2011 (GM-RES)
R H Angadi, Harish S Nayak (for petitioner); Ravi V Hosamani (for respondents)
State of Karnataka, Ayurvedic & Unani Practitioners Board, District Health and Family Welfare
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging a notice and constitutional validity of a statutory provision.
Remedy Sought
Declaration that the proviso to Section 3 of the Karnataka Private Medical Establishments Act, 2007 is unconstitutional and quashing of the notice dated 19.09.2011.
Filing Reason
Petitioner was held not qualified to practice medicine and directed to close his medical clinic by the notice.
Previous Decisions
Similar writ petitions W.P.Nos.67132-67133/2011 were dismissed by the same court on the same day.
Issues
Whether the proviso to Section 3 of the Karnataka Private Medical Establishments Act, 2007 is unconstitutional.
Whether the notice dated 19.09.2011 directing the petitioner to close his medical clinic is valid.
Submissions/Arguments
Petitioner's counsel submitted that the proviso to Section 3 of the Karnataka Private Medical Establishments Act is unconstitutional as it is contrary to the Act.
Ratio Decidendi
The petition is dismissed as it is similar to W.P.Nos.67132-67133/2011 which were dismissed earlier. The challenge to the proviso to Section 3 of the Karnataka Private Medical Establishments Act, 2007 fails.
Judgment Excerpts
In this writ petition, the petitioner is challenging the notice dated 19.9.2011 (Annexure-B) issued by respondent No.3 wherein the petitioner has been held to be not qualified to practice medicine, and hence, he is directed to close his medical clinic.
This writ petition is almost similar to W.P.Nos.67132-67133/2011 which is dismissed today by this Court.
Procedural History
The petitioner filed W.P. No.67185/2011 under Articles 226 and 227 of the Constitution of India challenging a notice dated 19.09.2011 and the constitutional validity of the proviso to Section 3 of the Karnataka Private Medical Establishments Act, 2007. The court heard the matter and dismissed the petition on 22.04.2016, following the dismissal of similar petitions W.P.Nos.67132-67133/2011.
Acts & Sections
- Karnataka Private Medical Establishments Act, 2007: Section 3, proviso to Section 3
- Constitution of India: Articles 226, 227
