Nandan Sunder Rajan v. Dr. Sharada Shekar

((((((((((((HC-KAR, NC:(2026:KHC:44364( WP(No.(25961(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010599062023( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(18 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(M.G.S.(KAMAL(

WRIT(PETITION(NO.(25961(OF(2023((GM-RES)(

BETWEEN:((

( NANDAN,SUNDER,RAJAN, AGED,ABOUT,52,YEARS,

S/O,M.N.,SUNDER,RAJAN, NO.8,,GROUND,FLOOR, 14,A,CROSS,,MALLESWARAM,

BANGALORE,560,003., …PETITIONER, ,

(BY,SRI.,NANDAN,SUNDER,RAJAN,,PARTY-IN,-PERSON), ( AND:(

(

1., DR.,SHARADA,SHEKAR, D/O,KRISHNAN,P,

AGED,ABOUT,62,YEARS,Digitally KMC,REG,NO.21195,signedtiby SUMA0B0N C/O,MANIPAL,NORTH,SIDE,HOSPITAL,

Location: NO.71,,11MAIN,, HIGH OPP.,MALLESWARAM,RAILWAY,STATION, COURT0OF BANGALORE,-,560,003.,KARNATAKA ,

2., DR.,BASAVARAJ,KUNTOJI, S/O,VENKATAPPA,KUNTOJI, AGED,ABOUT,47,YEARS, KMC,REG,NO.55072, C/O,MANIPAL,NORTH,SIDE,HOSPITAL, NO.71,,11MAIN,, OPP.,MALLESWARAM,RAILWAY,STATION, BANGALORE,-,560,003., , ((((((((((((HC-KAR, NC:(2026:KHC:44364( WP(No.(25961(of(2023( ( ,,,,,,,,,, , CNR:(KAHC010599062023( ( (

3., DR.,JYOTHI,SRIDHAR, D/O,JUSTICE,MURALIDHAR,RAO, AGED,ABOUT,63,YEARS, KMC,REG,NO.23751, C/O,MANIPAL,NORTH,SIDE,HOSPITAL, NO.71,,11MAIN,, OPP.,MALLESWARAM,RAILWAY,STATION, BANGALORE,560,003., ,

4., DR.,NAGESH,H,E, S/O,EREGOWDA,D, AGED,ABOUT,55,YEARS, C/O,MANIPAL,NORTH,SIDE,HOSPITAL, NO.71,,11MAIN,, OPP.,MALLESWARAM,RAILWAY,STATION, BANGALORE,560,003., ,

5., DR.,KESHAV,KUMAR,A.D.T, C/O,MANIPAL,NORTH,SIDE,HOSPITAL, NO.71,,11MAIN,, OPP.,MALLESWARAM,RAILWAY,STATION, BANGALORE,560,003., ,

6., KARNATAKA,MEDICAL,COUNSEL,, 16/6,,MILLER,TANK,BUND,ROAD,,, VASANTH,NAGAR,, BENGALURU,-,560,052, REPRESENTED,BY,THE,REGISTRAR., , …RESPONDENTS, , (BY,SRI.,JAGADEESH,M.,ADVOCATE,FOR,R1,TO,R5;, ,,,,,,SRI.,DORERAJ,B.H.,,ADVOCATE,FOR,R6;, ,,,,,,V/O,DATED,13.08.2026), , , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA,, PRAYING, TO, a), QUASH, ORDER, DATED, 30/09/2023, OF, KMC, ENQ., 18/2018, PASSED,BY,KARNATAKA,MEDICAL,COUNCIL,,BANGALORE.,, ,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

¶1The only grievance of the petitioner, who is a complainant before the respondent No.6-Karnataka Medical Council ('KMC' for short) in this petition is, purported non-compliance of the order dated 02.02.2019 passed by the respondent No.6-Karnataka Medical Council as per Annexure-A1, by which the respondent Nos.1 to 5 though were directed to submit hard copy and soft copy of the files listed in the Letter dated 14.4.2016 produced at Annexure-A2, they have not submitted the same.

¶2Complaining non-compliance of order dated

02.02.2019 by the respondent Nos.1 to 5, petitioner herein had filed an application before the respondent No.6-KMC. That by impugned order dated 30.09.2023 produced at Annexure-B the respondent No.6-KMC has rejected the said application on the premise that the compatibility of the CT scan with that of the case on hand

would be considered only on appreciation of oral and documentary materials available on record.

¶3Petitioner appearing in person before this Court submits that unless and until the hard copy as well as the soft copy of the documents listed in the letter dated

14.04.2016 are procured by the respondent No.6-KMC from the respondent Nos.1 to 5/Manipal Northside Hospital, it would not be in a position to appreciate the controversial issues raised by the petitioner. It is only thereafter, can the respondent No.6-KMC adjudicate and determine the disputed issues effectively and finally.

¶4In response, learned counsel appearing for respondent No.6-KMC submits if that be the grievance of the petitioner, the respondent No.6-KMC would call upon the respondent Nos.1 to 5/Manipal Northside hospital to submits hard copy as well as soft copy in compliance with the contents or specifications mentioned in the letter dated 14.04.2016 produced at Annexure-A2.

¶5Submission is placed on record.

¶6Heard. Perused the records.

¶7The letter dated 14.04.2016 addressed to the petitioner by the respondent Nos.1 to 5/ Manipal Northside Hospital, read as under; "To,

Mr Nandan,

Sub: Response to your letter dated 2nd of April 2016

This is with respect to validation of MD5 hash value of the electronic medical records of patient Malathy IP no 6361 provided to you. We here by validate the MD5 values of the electronic medical records on behalf of the Manipal Northside hospitals.

The files provided and their MD5 values are as follows:

file: 6361.pdf md5: 30af2ef860df05d074c58fdac4528500

file: 6361-2.pdf md5: 825979c299a815fticb4d1685144dad1a

file: 6361-4.pdf md5: 014c646ftid53b844463cc73cc3ccd3a7

file: 6361-4-2.pdf md5: 9fc3etia91c5b5a69493a39ff640534ce

file:amalathyfile.pdfmd5:24764298ed422ef187ce83663a7a5cfb

file: 2-page-28.pdf md5: 7db34fdf502d6a2e7b1d11276113f44f

Malathy_76F_CT.rar

md5:8164e4ea1c8ed59d2203c1e7548cd84f

Dr. Soumya

Medical Superintendent Manipal Northside Hospitals

Date: 14-04-2016"

¶8Petitioner is merely seeking a direction from the respondent No.6-KMC to ensure compliance of its own order dated 02.02.2019, in terms of which respondent

Nos. 1 to 5 had been directed to submit the hard and soft copies of documents enlisted in the aforesaid letter. In view of the submissions made by learned counsel for the respondent No.6-KMC, the purpose of filing petition stands complied with.

¶9Petition is accordingly disposed of with the direction to the respondent No.6-KMC as under;

(i) The respondent No.6-KMC shall ensure that respondent Nos. 1 to 5/Manipal North side Hospital as the case may be shall submit soft copies as well as the hard copies of the electronic medical records as mentioned/specified in the letter dated

14.04.2016 as per Annexure-A2 and shall proceed thereafter expeditiously in accordance with law.

Sd/- (M.G.S. KAMAL) JUDGE

RU List No.: 1 Sl No.: 2