M/S BHARATH DIAGNOSTIC CENTRE vs STATE OF KARNATAKA

Court
Karnataka High Court

- 1 -
HC-KAR
NC: 2026:KHC:59891
WP No. 12654 of 2024


CNR: KAHC010233932024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 28 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA

WRIT PETITION NO.12654 OF 2024 (GM-RES)

BETWEEN:

M/S BHARATH DIAGNOSTIC CENTRE
UNREGISTERED PARTNERSHIP FIRM
NO.22/13, K.N.N COMPLEX
DOUBLE ROAD
CHAMARAJNAGAR-571 313
REPRESENTED BY ITS
AUTHORISED SIGNATORY
SMT. B.S. VANITHA
AGED ABOUT 65 YEARS
…PETITIONER








(BY SRI. NISCHAL DEV B.R, ADVOCATE)


AND:

1.
STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND
FAMILY WELFARE SERVICES
VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI
BENGALURU-560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2.
THE DISTRICT HEALTH OFFICER
HEALTH AND FAMILY WELFARE SERVICES
CHAMARAJNAGAR-571 313

3.
THE TALUK HEALTH OFFICE
CHAMARAJNAGAR TALUK
CHAMARAJNAGAR-571 313


Digitally signed by
PREMCHANDRA M R
Location: HIGH
COURT OF
KARNATAKA

- 2 -
HC-KAR
NC: 2026:KHC:59891
WP No. 12654 of 2024


CNR: KAHC010233932024



4. THE COMMISSIONER
HEALTH AND FAMILY WELFARE SERVICES
ST
AROGYA SOUDHA, 1 CROSS ROAD
MAGADI ROAD
BANGALORE-560 023
…RESPONDENTS
(BY SRI. M. SRINIVAS KUMAR, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE GOVERNMENT ORDER BEARING NO.G.AA.KU.KA/
CHANA/K.P.M.E/11/2023-24 DATED 26.12.2023
(ANNEXURE-A) ISSUED BY THE R2 AND QUASH THE NOTICE
BEARING TAAAKA/CHANA/KPMER/09/2023 DATED 29.12.2023
(ANNEXURE-B) ISSUED BY THE R3 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA

ORAL ORDER
The petitioner is before this Court challenging the
closure notice at Annexure-A and the subsequent notices
and communications at Annexures-B, C and D. In addition,
the petitioner has sought for issue of writ of mandamus
directing the respondent No.2 to consider the application
dated 21.12.2023 at Annexure-N for renewal of licence
under the provisions of the Karnataka Private Medical
Establishment Act, 2007 (hereinafter referred to as “the

- 3 -
HC-KAR
NC: 2026:KHC:59891
WP No. 12654 of 2024


CNR: KAHC010233932024



Act” for short) or to declare that the licence sought for by
the petitioner is deemed to have been granted in terms of
proviso to Section 7 of the Act.

2. The case of the petitioner is that the petitioner
has obtained the certificate of registration on 29.07.2010

for establishment of Diagnostic Centre and Allopathic
system in terms of the Act in the year 2010. The
certificate of registration and the corresponding licence
has been extended from time to time and which was valid
till 04.08.2021.

3. It is the submission of the learned counsel for
the petitioner that the Diagnostic Centre was in operation
till 2021 and thereafter, due to COVID outbreak the
petitioner could not continue the activities of the
Diagnostic Centre. When the petitioner was contemplating
to seek renewal of the licence to continue the operation of
the Diagnostic Centre, the notice at Annexure-A came to
be issued directing the petitioner to close down the

- 4 -
HC-KAR
NC: 2026:KHC:59891
WP No. 12654 of 2024


CNR: KAHC010233932024



Diagnostic Centre on the ground that the same is located
within the radius of 200 meters from the limits of District
Hospital.

4. It is pointed out that in terms of Act No.1 of
2018 the proviso has been inserted to Section 6 of the Act
prohibiting the establishment of new private clinical
laboratory within the radius of 200 meters from the
Government Hospital or from the hospital promoted or
managed by the Society or Trust or Autonomous
Organization owned or controlled by the State Government
or Central Government or Local Bodies with effect from the
date of commencement of the Act. The Circular issued by
the State at Annexure-D dated 27.02.2024 shows that the
Act No.1 of 2018 was given effect to from 04.04.2019.

5. The closure notices and the circular issued by
the State are called in question by the petitioner on the
ground that the amendment brought into the Act through
Act No.1 of 2018 cannot be made applicable to the Clinical

- 5 -
HC-KAR
NC: 2026:KHC:59891
WP No. 12654 of 2024


CNR: KAHC010233932024



Laboratories, which have been established prior to the
commencement of the amendment Act, namely, the
proviso to Section 6 and therefore, the respondents have
no power to direct the petitioner to close down the
activities of the Clinical Laboratory and Diagnostic Centre,
which had been established in the year 2010.

6. In support of the said contention, the learned
counsel for the petitioner places reliance on the order
passed by the Co-ordinate Bench of this Court at Dharwad
Bench in WP.No.106793/2024 disposed of on 22.11.2024.
Somewhat in similar circumstances, the Co-ordinate Bench
taking note of the amendment brought into the Act and
the prohibition contained for establishment of the new
clinical private laboratories has held that the amended
provision can be made applicable only to the diagnostic
centres and clinical laboratories established after the
commencement of the amended provision and the
authorities cannot refuse to renew the licence in respect of

- 6 -
HC-KAR
NC: 2026:KHC:59891
WP No. 12654 of 2024


CNR: KAHC010233932024



the clinical laboratories and diagnostic centres, which were
established much prior to the amended provisions.

7. The learned HCGP, on the other hand, submits
that the impugned closure notices are issued in the wake
of the amendment brought into the Act and there is no
dispute that the petitioner's clinical establishment and
diagnostic centre is within the radius of 200 meters from
the radius of District Hospital and therefore, the petitioner
cannot be allowed to run the diagnostic centre in the
location in question. Accordingly, he seeks for dismissal of
the writ petition.

8. Having heard the learned counsel for the
petitioner and taking note of the date on which the
petitioner has established the clinical laboratory and the
date on which the amended provisions have been given
effect to and also taking note of the order passed by the
Co-ordinate Bench of this Court, this Court is of the
considered opinion that the impugned closure notice at

- 7 -
HC-KAR
NC: 2026:KHC:59891
WP No. 12654 of 2024


CNR: KAHC010233932024



Annexure-A and subsequent communications issued by the
respondents to the petitioner cannot be sustained. In as
much as the petitioner's Diagnostic Centre was established
in the year 2010 i.e., is prior to the amended provisions of
the Act. Therefore, the respondents are not justified in
directing the petitioner to close down the establishment
and declining to renew the licence. It is a well established
proposition of law that any amendment to the statutory
provisions is applicable prospectively unless a different
intention is spelt out in the amendment Act. In the
present case the proviso to Section 6 of the Act was
inserted w.e.f 04.04.2019, therefore, its application is
prospective.

9. It is submitted by the learned counsel for the
petitioner that pursuant to the interim direction issued by
this Court, the petitioner has made an attempt to submit
an application for renewal of licence through online.
However, the same has been rejected on the ground that

- 8 -
HC-KAR
NC: 2026:KHC:59891
WP No. 12654 of 2024


CNR: KAHC010233932024



the application is not filed as a new registration and the
location of the Diagnostic Centre is within the radius of
200 meters from the District Hospital.

10. In the light of what is observed above, the
rejection of the online application for renewal of the
licence on the ground that the Diagnostic Centre of the
petitioner is located within the radius of 200 meters is
wholly unjustified.

11. In the result,
allowed
(i) The writ petition is .
(ii) The impugned closure notices at
Annexures-A, B and C are quashed.
(iii) The petitioner is permitted to file a fresh
nd
application through online to the 2 respondent
seeking renewal/grant of licence for running
the Clinical Laboratory and Diagnostic Centre
in the very same premises where the
petitioner has been running the

- 9 -
HC-KAR
NC: 2026:KHC:59891
WP No. 12654 of 2024


CNR: KAHC010233932024



establishment, however, without reference to
the proviso to Section 6 of the Act and taking note
of the observations made above.
(iv) If such an application is filed, the respondent
No.2 shall consider the same and pass orders strictly
in consonance with the law, which was prevailing
prior to the amended provisions of Section 6 of the
Act within a period of four months from the date of
the submission of the application.
(v) It is needless to observe that the petitioner will
have to comply with all other requirements under
the Act for renewal/grant of licence.


Sd/-
(T.P.VIVEKANANDA)
JUDGE



PB
List No.: 1 Sl No.: 37