PRASANNA B. VARALE, KRISHNA S DIXIT
Mohan Bhatta M. R. , S/o Ramakrishna Bhatta M – Appellant
Versus
State of Karnataka Represented By Its Secretary, Health Department – Respondent
JUDGMENT :
Prasanna B. Varale, J.
This intra -Court Appeal by the Writ Petitioner seeks to call in question a learned Single Judge's Order dated 13.03.2023 whereby his Writ Petition has been dismissed. The prayer of the Appellant in the Petition was to essentially for quashment of the Endorsement dated 06.12.2018 whereby his Application for registration under Section 5 of the Karnataka Private Medical Establishments Act, 2007 was rejected. He had also prayed for a direction to the Respondents herein for restraining their interference in his medical practice.
2. Learned counsel appearing for the Appellant vehemently argues that his client holds a PG Degree i.e., M.D. from Indian Board of Alternative Medicines and therefore, his discipline does not fall under the Department of AYUSH; he is entitled to practice in the branch of his specialization; therefore, the 2nd Respondent -Deputy Commissioner cum Chairman of Registration Committee ought to have granted registration for facilitating the avocation of his client. All these aspects, the counsel for the Appellant submits, having been wrongly treated by the learned Single Judge, the impugned order is liable to be voided and his Writ Petit
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