The High Court of Karnataka has directed the State Government to ensure that five medical practitioners are nominated to the Karnataka Medical Council only after the six other members are duly elected from different categories as per the provisions of the Karnataka Meducal Registration (KMC) Act, 1961.
The court also directed that the government, while nominating eligible medical practitioners under Section 3(2)(d) of the KMC Act, should ensure due representation to women besides ascertaining the stream of medicine that are not represented from amongst the six elected members.
Justice R. Nataraj passed the order while dismissing a petition filed by one H. Veerahadrappa, a medical practitioner from Kalaburagi.
Once nominations are done after the election of the members, the government will not be entitled to withdraw the nomination except for reasons that are not arbitrary or stigmatic and shall be only after issuing prior notice, the High Court said while clarifying that the government is empowered to take action against a member as per the provisions of the KMC (Amendment) Act, 2017, with respect to disqualification and disabilities to continue as a member.
