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2025 Supreme(Online)(KAR) 7822
HIGH COURT OF KARNATAKA
MR JUSTICE R DEVDAS, J
M/S TAMARA HEALTH CARE SERVICES LLP – Appellant
Versus
STATE OF KARNATAKA DHARMALINGAM DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES – Respondent
WP 6375 of 2024
The rejection of registration applications must adhere to statutory timelines, or else deemed approval may ensue.
Headnote:The petition concerns an order directing the closure of a Health Care Centre due to lack of a license, as per Section 7 of The Karnataka Private Medical Establishments Act, 2007. The Court notes that the petitioner submitted the application on 18.08.2023 and highlights the importance of timely processing of registration applications. The petitioner retains the right to challenge the rejection of their application dated 15.05.2024. The petition is disposed of with reference to existing orders.
| Table of Content |
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| 1. petitioner challenges closure order for lacking a license. (Para 1) |
| 2. application for registration filed as per statutory requirements. (Para 2) |
| 3. court directs consideration of documents and processing of application. (Para 3 , 5) |
| 4. rejection of application noted but unaware to the petitioner. (Para 4) |
| 5. petitioner retains right to challenge rejection. (Para 6) |
ORAL ORDER
The petitioner who has established a Health Care Centre is aggrieved of the impugned order/communication dated 21.02.2024 issued by the fourth respondent-Taluk Health Officer, Mysuru. By the impugned order/communication, the fourth respondent has directed that since the Health Care Centre is established without obtaining licence, there shall be a lock put up on the premises within a period of ten days from the date of issuance of the notice.
2. It was contended before this Court that the petitioner made an application Online on 18.08.2023 in terms of the provisions of The Karnataka Private Medical Establishments Act , 2007. Learned Counsel for the petitioner pointed out to sub-section (1) of Section 7 of the Act, which prescribes that on an application being made to the Registration and Grievance Redressal Authority, the Authority, having regard to the provisions contained in sub-section (6), is required to conduct an enquiry by an inspection committee and thereafter pass necessary orders for grant of registration or reject the application within ninety days from the date of receipt of the complete application. The proviso to sub-section (1)
of Section 7 provides that in case of any delay beyond 90 days, the registration shall be deemed to have been granted.
3. During the course of these proceedings, certain interim directions were given by this Court. By order dated 26.03.2024 the petitioner was directed to submit all necessary documents before the respondent-State and the respondent-State and the authorities were directed to consider the documents that could be submitted by the petitioner.
4. Today, learned Counsel for the impleading applicant has placed on record copy of the order dated 15.05.2024 passed by the Registration and Grievance Committee. The application filed by the petitioner has been rejected for the reasons stated therein. Learned Counsel for the petitioner submits that the petitioner is not aware of such an order being passed by the competent authority.
5. Nevertheless, having regard to the seriousness of the issue brought before this Court that the petitioner has established a Health Care Centre without obtaining licence and having regard to the fact that the petitioner was directed to furnish all documents to the respondent- authority and the respondent-authority was directed to reconsider the application and the fact that the application has been rejected by order dated 15.05.2024, the petitioner is free to challenge the said order dated
15.05.2024.
6. With these observations, the writ petition stands disposed of I.A.No.1/2024 filed for impleadment stands disposed of accordingly.
