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2025 DAILYLAW 12811 (KAR)

DR GAGAN S v. THE STATE OF KARNATAKA

WP/1464/2017 · 2025-01-27

S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC:3474 WP No. 1464 of 2017 C/W WP No. 1971 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.1464 OF 2017 (S-RES) C/W WRIT PETITION NO.1971 OF 2017 (S-RES) IN WP NO. 1464/2017 BETWEEN: DR. GAGAN S S/O N.G. SRINIVAS AGED ABOUT 30 YEARS, R/AT NO.1, 9TH CROSS, MADHUVANA LAYOUT, SRIRAMPURA 2ND STAGE, MYSORE-570 023. …PETITIONER (BY SRI. V R SARATHY, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF MEDICAL EDUCATION, M.S. BUILDING, BENGALURU-560 001. 2. THE DIRECTOR DEPARTMENT OF MEDICAL EDUCATION, ANANDA RAO CIRCLE, BENGALURU-560 009. 3. THE KODAGU INSTITUTE OF MEDICAL SCIENCES REP. BY ITS DEAN AND DIRECTOR MADIKERI-571201. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3474 WP No. 1464 of 2017 C/W WP No. 1971 of 2017 4. THE CHIEF ADMINISTRATIVE OFFICER THE KODAGU INSTITUTE OF MEDICAL SCIENCES, MADIKERI-571201. …RESPONDENTS (BY SMT. PRATHIBHA R.K., AGA FOR R1 & R2 SMT. SUMANA BALIGA M., ADV. FOR R3 & R4 (VC)) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 06.01.2017 VIDE ANNEX-A IN SO FAR AS IT RELATES TO NOTIFYING ONE POST OF ASST. PROFESSOR IN THE DEPARTMENT OF COMMUNITY MEDICINE AS VACANT AT SL.NO.13 ISSUED BY THE R-4 AS ILLEGAL AND IN OPERATIVE AND ETC. IN WP NO. 1971/2017 BETWEEN: DR. SHASHIKANTHA S K S/O KRISHNA SETTY S C AGED ABOUT 31 YEARS R/AT SHASHIKANTH NILAYA G G KOPPAL ROAD VIDYA NAGAR HASSAN-573201. ...PETITIONER (BY SRI. V R SARATHY, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF MEDICAL EDUCATION M S BUILDING BENGALURU-560001. 2. THE DIRECTOR DEPARTMENT OF MEDICAL EDUCATION ANAND RAO CIRCLE BENGALURU-560009. 3. THE KODAGU INSTITUTE OF MEDICAL SCIENCE REP. BY ITS DEAN AND DIRECTOR MADIKERI-571201. - 3 - NC: 2025:KHC:3474 WP No. 1464 of 2017 C/W WP No. 1971 of 2017 4. THE CHIEF ADMINISTRATIVE OFFICER THE KODAGU INSTITUTE OF MEDICAL SCIENCES MADIKERI-571201. ...RESPONDENTS (BY SMT. PRATHIBHA R.K., AGA FOR R1 & R2 SMT. SUMANA BALIGA M., ADV. FOR R3 & R4 (VC)) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 06.01.2017 (ANNEXURE-A) IN SO FAR AS IT RELATES TO NOTIFYING ONE POST OF EPIDEMIOLOGIST CUM ASSISTANT PROFESSOR IN THE DEPARTMENT OF COMMUNITY MEDICINE AS VACANT AT SL NO.13 ISSUED BY THE R-4 AS ILLEGAL AND IN OPERATIVE AND ETC. THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Learned counsel Sri.V.R.Sarathy for petitioners, learned Additional Government Advocate Smt.Prathibha.R.K., for respondent Nos.1 and 2 and learned counsel Smt.Sumana Baliga.M., for respondent Nos.3 and 4 are present. 2. The petitioners in the above writ petitions have challenged the notifications inviting applications to fill up the post of Assistant Professors in the Department of Community Medicine under notification - 4 - NC: 2025:KHC:3474 WP No. 1464 of 2017 C/W WP No. 1971 of 2017 bearing No.KOMS/DRC(3)/2016-17 dated 06.01.2017 (Annexure-A) in respondent No.3 – Kodagu Institute of Medical Sciences and they have also sought for a direction to consider their cases and to appoint them as Assistant Professors in the Department of Community Medicine in terms of final selection list bearing No.KoIMS/EST(1)/442/2016-17 dated 27.10.2016. 3. Learned counsel Smt.Sumana Baliga.M., would submit that subsequent to filing of the present writ petitions, petitioner in W.P.No.1464/2017 was appointed as Medical Officer in the Health and Family Welfare Services and presently he is working as Medical Officer, Halebeedu Primary Health Centre, Halebeedu. Further, it is submitted that petitioner in W.P.No.1971/2017 is appointed as Assistant Professor at Shivamogga Institute of Medical Sciences. Therefore, it is submitted that petitioners have no interest in prosecuting the writ petitions. - 5 - NC: 2025:KHC:3474 WP No. 1464 of 2017 C/W WP No. 1971 of 2017 4. Per contra, learned counsel Sri.V.R.Sarathy would submit that insofar as the petitioner in W.P.No.1464/2017 is concerned, he has no instructions and insofar as the petitioner in W.P.No.1971/2017, the petitioner is appointed as Assistant Professor and working at Shivamogga Institute of Medical Sciences and hence he has no interest in prosecuting the petition. 5. Submissions of the learned counsel are placed on record. 6. Both the writ petitions stand disposed of as the petitioners have no interest in prosecuting the writ petitions. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 2