{"id":237719,"date":"2020-10-19T16:45:32","date_gmt":"2020-10-19T11:15:32","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=237719"},"modified":"2020-10-23T12:42:13","modified_gmt":"2020-10-23T07:12:13","slug":"kar-hc-approval-from-the-medical-council-for-the-purpose-of-practicing-as-a-private-medical-practitioner-cannot-be-withheld-by-the-authorities-on-arbitrary-grounds-writ-petition-allowed","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2020\/10\/19\/kar-hc-approval-from-the-medical-council-for-the-purpose-of-practicing-as-a-private-medical-practitioner-cannot-be-withheld-by-the-authorities-on-arbitrary-grounds-writ-petition-allowed\/","title":{"rendered":"Kar HC | Approval from the Medical Council for the purpose of practicing as a private medical practitioner cannot be withheld by the authorities on arbitrary grounds; Writ Petition Allowed\u00a0"},"content":{"rendered":"

Karnataka High Court: <\/strong>R. Devdas, J., while allowing the present Writ Petition, directed the Medical Council to issue the No Objection Certificate to the Petitioner pending departmental enquiry.<\/p>\n

\u00a0<\/strong>Brief Facts <\/strong><\/p>\n

    \n
  1. That the petitioner, after completing MBBS graduation registered with respondent 5; Karnataka Medical Council and was thereby selected to the post of General Duty Medical Officer by the Karnataka Public Services Commission.<\/li>\n
  2. That the petitioner was consequently appointed to the post of General Duty Doctor at Primary Health Centre, Alur Village, Chamarajanagar Taluk and District by way of notification dated 16-12-2015.<\/li>\n
  3. That the petitioner thereafter appeared for the entrance examination for pursuing Post Graduation Diploma in Otolaryngology conducted by the Karnataka Examination Authority and secured admission with the Mysore Medical College for the same.<\/li>\n
  4. That due permission was taken by the petitioner from respondent 4 with respect to the said enrolment, via communication letter dated, 26-05-2016 and before completing the admission process, charge of his position was handed over to the rightful authority.<\/li>\n
  5. That after completion of the course, the petitioner moved a request dated 27-10-2018, for appointment at any government hospital or Primary health Centre to which, an order dated 15-12-2018 was passed recruiting the petitioner at Munduru, K.R. Nagar.<\/li>\n
  6. That the petitioner made a representation to the Medical Council, dated 07-09-2019, so to practice as a private doctor, requesting for a NO OBJECTION CERTIFICATE (NOC).<\/li>\n
  7. That the aforementioned representation was made contending that the petitioner has discharged his duties in rural area for more than one year as stipulated under the Medical Registration Rules.<\/li>\n
  8. That the petitioner also made a parallel application to the Registrar of the Karnataka Medical Council for the registration of Additional Qualification as a Postgraduate diploma holder.<\/li>\n
  9. That it is imperative to secure a NOC for the petitioner in order to apply against the recent vacancy for ENT as advertised by the Special Recruitment Committee and Chief Administrative officer, Health & Family Welfare.<\/li>\n
  10. That the present petition is filed seeking a writ of mandamus against the respondent authorities to consider the representations made and include the PG Diploma of the Petitioner under the register of the R-5 Council.<\/li>\n<\/ol>\n

    \u00a0<\/strong>Issue<\/strong><\/p>\n