Karnataka govt withdraws notification nominating practitioners to state medical council

The Karnataka Government has informed the High Court that it is withdrawing its notification nominating a total of five medical practitioners to the Karnataka Medical Council (KMC).

The submission was made by the Government in response to a Public Interest Litigation (PIL) filed by doctor Srinivasa B. Kakkilaya, challenging the Government’s notification on the ground that it was issued prior to the holding of the elections to the KMC.

Taking note of the government’s submission, the High Court disposed of the petition.

It was contended by the petitioner’s lawyer Dore Raj that the Government could not have nominated the five persons prior to the results of the elections as it could not have possibly assumed the representation of the other classes as required under Section 3(3) of the Karnataka Medical Registration Act, 1961 and the subsequent amendment.

The Act provides that in making the nomination, the State Government should give due regard to the claims of women and of groups of practitioners, whose representatives had not been elected under the Act.

The notification also violated the requirement of nominating at least one non medical practitioner to the Council. Apart from it, no woman had been nominated either.

On January 23 last year, when elections were conducted to the KMC, women candidates contested for a membership, however not a single women candidate won the elections.

“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”, the petition said.

Read order

https://theleaflet.in/wp-content/uploads/2021/01/WP3758-20-23-12-2020-1.pdf