The High Court of Karnataka has raised concerns over the prima facie impact of exempting private medical establishments (PMEs) from the obligation to secure trade licenses and produce occupancy certificates (OC) during registration. The court, comprising Chief Justice Abhay Shreeniwas Oka and Justice John Michael Cunha, noted that this exemption, as outlined in a circular issued by the Commissioner for Health on August 17, 2020, appears to contradict the fundamental purpose and objectives of the Karnataka Private Medical Establishments Act, 2007.
Legal Challenge via PIL
The court’s observations were made while hearing a Public Interest Litigation (PIL) challenging the legality of the circular in question. The PIL contends that the circular, which relaxes the requirements for trade licenses and OCs for PMEs during registration, goes against the spirit of the regulatory framework established by the Karnataka Private Medical Establishments Act, 2007.
Court Action and Government Notice
In response to the PIL, the Division Bench ordered notice to the State government, seeking a response on the legality and implications of the circular. The court’s scrutiny suggests a critical examination of the exemptions granted to PMEs and the potential impact on public health and safety.
