Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 10315 (KAR)

DR SHREEDHAR v. STATE OF KARNATAKA

WP/200948/2025 · 2025-03-27

Chillakur Sumalatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-K:1993 WP No. 200948 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.200948 OF 2025 (S-RES) BETWEEN: 1. DR. SHREEDHAR S/O VENKATASWAMY, AGED ABOUT 53 YEARS, POST. KAVITHAL – 584 120, TQ. MANVI, DIST. RAICHUR. 2. DR. S. SUDHAKAR REDDY S/O S. SUBBAREDDY, AGED ABOUT 48 YEARS, R/O VENKAT SAI MEADOWS, FLATE NO.404, KHB COLONY, NEAR LIONS SCHOOL, LINGASUR ROAD, RAICHUR - 584 101. 3. DR. VEENA W/O DR. SURENDRA, AGED ABOUT 36 YEARS, C/O DR. VEENA SURENDRA, SINDHANUR ROAD, MANVI, TQ: MANVI – 584 123, DIST. RAICHUR, WORKING PLACE - MANVI GOVT. HOSPITAL. …PETITIONERS (BY SRI. ARAVIND PATTAR, ADVOCATE FOR M/S. K. SREEDHAR ASSOCIATES) Digitally signed by VARSHA N RASALKAR Location: High Court Of Karnataka - 2 - NC: 2025:KHC-K:1993 WP No. 200948 of 2025 AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, AROGYA SOUDHA, MAGADI ROAD, BANGALORE – 560 023. 2. THE MISSION DIRECTOR, NATIONAL HEALTH MISSION, AROGYA SOUDHA, MAGADI ROAD, BANGALORE – 560 023. 3. THE DEPUTY DIRECTOR, RASHTRIYA BALA SWASTHYA KARYAKRAMA, AROGYA SOUDHA, MAGADI ROAD, BANGALORE – 560 023. 4. GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT, NEW DELHI – 110 011. 5. THE PRESIDENT, DISTRICT HEALTH & FAMILY WELFARE SOCIETY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVT. OF KARNATAKA AND ALSO CHIEF EXECUTIVE OFFICER, THE ZILLA PANCHAYATH, RAICHUR – 584 101. …RESPONDENTS (BY SRI. MAQBOOL AHMAD, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONERS FOR REGULARIZING THEIR SERVICES UNDER THE SCHEME CALLED RASHTRIYA BAL SWASTHYA KARYAKRAM (RBSK) IN THE - 3 - NC: 2025:KHC-K:1993 WP No. 200948 of 2025 HEALTH AND FAMILY WELFARE DEPARTMENT AS THE PETITIONERS HAVE COMPLETED MORE THAN 10 YEARS OF SERVICE IN THE LIGHT OF JUDGMENT OF THE APEX COURT IN UMADEVI’S CASE AND JAGGO CASE AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri Aravind Pattar, learned counsel for the writ petitioners as well as learned Additional Government Advocate, who represents respondent Nos.1 to 3. 2. This writ petition is filed seeking the Court to issue a writ of mandamus directing the respondents to consider the case of the petitioners for regularization of their services, as they had put up more than ten years of service. 3. Learned counsel for the writ petitioners submits that the petitioners are working as Medical Officers under Rashtriya Bal Swasthya Karyakram Scheme. Rashtriya Bal Swasthya Karyakram Scheme is a programme initiated to - 4 - NC: 2025:KHC-K:1993 WP No. 200948 of 2025 improve the quality of life of children. The project started in the year 2013-2014 by the Central Government and is still continuing. The petitioners were recruited as Medical Officers under the scheme and they are rendering services without any break. They made several representations requesting the respondents to regularize their services, but there is no response till now. The petitioners apprehend that their services would be terminated abruptly. Therefore, they have filed the present writ petition, seeking appropriate relief. Learned counsel brought to the notice of this Court the legal notice that was issued to respondent No.1 dated 26.11.2024 regarding the subject issue. The said notice was issued by National Ayush Doctors Federation, Karnataka, Dr.Nadiger B J and others. 4. It is not in dispute that the petitioners are all working as Medical Officers in Health and Family Welfare Department since the date of their appointment. They seek for regularization of their services. Respondent No.1 - 5 - NC: 2025:KHC-K:1993 WP No. 200948 of 2025 to whom a requisition was made is under obligation to pass appropriate orders with regard to the eligibility of the petitioners for regularization and whether they can be regularized or not. Without doing so, the petitioners cannot be put to inconvenience. However, as no individual representations were submitted by the petitioners, this Court is of the view that the writ petition can be disposed of with a direction to the writ petitioners to submit their representations individually to respondent No.1 and a direction to respondent No.1 to dispose of those representations time bond. 5. Thus, the writ petition is disposed of with the following directions: (i) The petitioners to submit their individual representations to respondent No.1 within a period of two weeks. (ii) Respondent No.1 to answer the representations within a period of one month - 6 - NC: 2025:KHC-K:1993 WP No. 200948 of 2025 from the date of receipt of those representations. (iii) Respondents are directed not to terminate the services of the petitioners till the representations, if any, submitted by the petitioners within a period of two weeks from this day are disposed of by respondent No.1. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE LG List No.: 1 Sl No.: 40