SRI K DWARAKANATH REDDY v. THE STATE OF KARNATAKA

The present petitions are filed seeking a writ of mandamus to the respondents authorities to dispose of the petitioners applications as per Annexure D series in Form-A as contemplated under the Karnataka Private Medical Establishments Act, 2007 (for short KPME Act).

2. The petitioners contend that they have obtained CMS Certificate under Rule 3 of World Rural Medical Association, New Delhi and have also successfully undertaken Community Para Medical Course Training in Naturopathic Yoga Para Medical College, Kanpur and have set up their respective Establishments under different names. Though they have submitted applications for registration of the Establishment, the authorities have not considered the same. Hence, the petitioners are before this Court

3. Sri.V.Sreenidhi, learned AGA for the respondents submits that a perusal of the applications allegedly submitted by the petitioners do not contain any seal of receipt nor has the petitioners filed any proof that these applications are indeed filed with the appropriate authority. He also submits that an application in Form A must be necessarily accompanied by documents, and there is nothing on record to indicate such documents have been filed along with the applications. Therefore, it would be difficult for the authorities to consider the applications submitted by the petitioners.

4. This Court is of the considered opinion that in the facts and circumstances of the case, these petitions could be disposed of with liberty to the petitioners to file fresh applications with all the requisites, Annexures/Appendix as per the provisions of the Act and the Rules and call upon the competent authority to consider such applications strictly in accordance with law. Petitions are accordingly disposed of. SD/- JUDGE