IN THE HIGH COURT OF KARNATAKA, BANGALORE BEFORE THE HON'BLE MR.JUSTICE K.L.MANJUNATH WRIT PETITION NO OF 2012 (GM RES)

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1 1 IN THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THE 22 ND DAY OF FEBRUARY, 2013 BEFORE THE HON'BLE MR.JUSTICE K.L.MANJUNATH WRIT PETITION NO OF 2012 (GM RES) BETWEEN : KHALSA INSTITUTE OF MEDICAL SCIENCES NO.76,HOSUR MAIN ROAD, MADIWALA BANGALORE REPRESENTED BY ITS PRINCIPAL-CUM-DIRECTOR DR HARMINDER SINGH.... PETITIONER (BY SRI.D.S.RAMACHANDRA REDDY, ADV.) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKASA SOUDHA, DR AMBEDKAR VEEDHI BANGALORE THE UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAVAN, NEW DELHI PRABHUDEV CLINIC, MDCC BANK ROAD HANUR, KOLLEGAL TALUK, CHAMARAJANAGAR DIST BY ITS PROPRIETOR B SHIVASWAMY S/O BASANNA AGED 40 YEARS,

2 4. THE KARNATAKA PRIVATE MEDICAL EDUCATION REGISTRATION AUTHORITY CUM DIST. HEALTH AND FAMILY WELFARE, OFFICE/MEMBER SECRETARY CHAMARAJANAGAR DIST., NEAR OLD ANIMAL HUSBANDRY HOSPITAL AND GOVERNMENT AYURVEDIC HOSPITAL B RACHAIAH DOUBLE ROAD CHAMARAJANAGAR THE DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE, NRUPATHUNGA ROAD BANGALORE RESPONDENTS (BY SRI.E.S.INDRESH, HCGP. FOR R1, R4 & R5) 2 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER REVIEWING & RECALLING THE ORDER ANN-R, DT , MADE IN WP.NO.21160/11 [GM-RES] AS PER ANN-R AND DIRECT THE R1, 2 & 5 HOLDING THAT THERE IS NO PROHIBITION FOR IMPARTING EDUCATION IN ELECTORPATHY/ELECTRO-HOMEOPATHY SYSTEM OF MEDICINE BY GRANTING CERTIFICATE & DIPLOMAS & THAT THERE IS NO PROHIBITION FOR PRACTISING IN ELECTROPATHY/ ELECTO-HOMEOPATHY SYSTEM OF MEDICINE BY THE CERTIFICATES & DIPLOMA HOLDERS. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, K.L.MANJUNATH J. MADE THE FOLLOWING:- ORDER The present petition is filed to review the order passed by this Court on in W.P.No.21160/2011 which is produced as Annexure R

3 3 and to issue a declaration or mandamus declaring that there is no prohibition for imparting education in Electropathy / Electro Homeopathy System of Medicine by granting certificate and diplomas and there may not be any prohibition for practicing in Electropathy / Electro Homeopathy System of medicine by the certificates and diploma holders in the interest of justice. 2. Heard Sri D.S.Ramachandra Reddy, learned Counsel for the petitioner and Sri E.S.Indresh, learned Government Advocate for the respondent Nos.1, 4 and Writ petition No.21160/2011 was filed by Dr.B.Shiva Swamy as proprietor of Prabhudev Clinic, situated at Hanur of Kollegal taluk, questioning the order passed on directing to close down his clinic. The petition averments in the aforesaid petition was that the petitioner is a doctor having obtained a diploma in alternative medical sciences issued by the

4 4 present petitioner Institution, which Institution is said to have been affiliated to open International University for Complementary Medicines, Colombo, Srilanka, which was resisted by the Government. The Government had filed a detailed counter therein. The Government also relied upon the order passed by the Medical Council of India dated Having heard the petitioner therein and the Government Advocate and also considering the certificate relied upon by Shiva Swamy, which is produced as Annexure A, it is found that this Court has held that the petitioner cannot be permitted to practice as a doctor playing with the life of the common man. On perusal of Annexure A, it reveals to the Court that a certificate is said to have been issued by the petitioner Institution stating that Shiva Swamy has fulfilled the qualifying requirements prescribed for the Diploma in Alternative Medical Sciences (DAMS) and based on such certificate, he wanted to practice. On perusal of Annexure A, it does not even reveal the nature of

5 5 training imparted by the present petitioner - Institution to Shiva Swamy - the petitioner therein and how he has qualified to practice as a doctor. Therefore, considering the documents produced by Shiva Swamy in the writ petition, this Court dismissed the petition and held that based on Annexure A, he cannot be permitted to practice as a doctor. 5. The present petition is filed stating that the petitioner Institution is entitled to issue certificates and based on such certificates the students of the said Institution are entitled to practice as doctors. 6. Mr.D.S.Ramachandra Reddy, learned Counsel for the petition contends that the petitioner is imparting education in Electropathy / Electro Homeopathy System of Medicine and is issuing certificates and diplomas and based on such certificates and diplomas there cannot be any prohibition for a student passed out from the petitioner Institution to practice as doctor. To support his arguments he has relied upon the

6 6 judgment of Delhi High Court in C.W.P.No.4015/1996 and CM No.8468/1997 disposed of on and the order of the Supreme Court. 7. In the facts and circumstances of the case, this Court cannot review the order passed in W.P.No.21160/2011 dated which was dismissed by this Court on merits and has held that the documents relied upon by Dr.Shiva Swamy as proprietor of Prabhudev Clinic does not disclose the nature of qualification he has acquired. If Shiva Swamy had been really aggrieved by the order of this Court, it was for him to challenge the said order. While dismissing the petition, this Court has only observed that the an unrecognized Institution has no power to issue certificate permitting to practice as a doctor. Therefore, this Court do not find any valid ground to review the order passed in W.P.No.21160/2011 and based on the same, this Court cannot issue mandamus either to respondent No.1, 4 or 5, since this Court has not dismissed W.P.No.21160/2011 concerning the

7 7 prayer of this petitioner. Moreover, whether a person holding a training certificate in Electropathy/Electro Homeopathy System of Medicine can practice as a doctor or not, cannot be considered in this petition. Accordingly to this Court, it is for the State or the Union Government or any other statutory body to recognise a course and permit a person to call himself as a Doctor and to practice as a doctor. Therefore, there are no merits in this petition. Accordingly, the same is dismissed. Sd/- JUDGE nvj