Karnataka Govt Withdraws names of 5 doctors nominated to Karnataka Medical Council after PIL filed

This recent decision has been made on the basis of a Public Interest Litigation (PIL) filed by one Dr. Srinivasa B. Kakkilaya. Following the Government's decision of withdrawal of the notification, HC bench of Justice Aravind Kumar and Justice Shivashankar Amarannavar has disposed of the petition.

Dr. Kakkilaya, in the PIL, challenged the Government's notification based on the ground that it had been issued before the holding of the elections to the KMC. This way, the notification violated the Karnataka Medical Registration Act, 1961 and the subsequent amendment.

Karnataka Medical Registration Act, 1961, ensures that while making nominations, the State Government should give due regard to the claims of women and of other groups of practitioners not having any elected representatives.

Read also: Karnataka Medical Council Elections 2020: All You Need To Know

As per the latest media report by The Leaflet, the petitioner's lawyer Dore Raj claimed that the Government could not have nominated five persons before the results of the elections due to the fact that the government could not assume about the representation of other classes (as mentioned under Section 3(3) of the Karnataka Medical Registration Act, 1961) prior to the results.

The report adds that the petition also claimed how the notification violated the requirement of nominating at least one non medical practitioner to the Council. No woman had any nominations as well.

Taking note of all these factors, the petition, as mentioned by The Leaflet, said, "When it seemed clear that women, SC/STs and other minorities would not be able to win elections because of their small numbers in each constituency/Division and their weak position in society, the Legislature envisaged such a situation and thus to guarantee woman/minority representation within this electoral system, the legislature granted nominations under Section 3(3) of Karnataka Medical Registration Act, 1961 and subsequent amendments to ensure their a political presence in the council."

Meanwhile, it should be mentioned that in 2020 election of KMC, any of the contesting women candidates did not win the elections.

Disposing of the petition, HC in its order said,

"Since prayer sought for in the writ petition is for quashing the notification No.MED 327 MPS 2019 dated 20.01.2020 and memo filed by the learned AGA enclosing communication received from the Under Secretary to Government-1, Medical Education Department, would indicate that steps have been taken to withdraw the impugned notification and nomination would be made adhering to sub-section (3) of Section 3 of Karnataka Medical Registration Act, 1961, we are of the considered view that prayer sought for in the writ petition has become infructuous. As such dispose of the writ petition as having become infructuous by placing the said memo on record." 

https://medicaldialogues.in/pdf_upload/wp3758-20-23-12-2020-1-145762.pdf