- 1 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.I.ARUN WRIT APPEAL NO.558 OF 2024 (S-RES) CONNECTED WITH CIVIL CONTEMPT PETITION NO.552 OF 2024, CIVIL CONTEMPT PETITION NO.553 OF 2024 WRIT APPEAL NO.585 OF 2024 (S-RES) IN W.A.NO.558/2024: BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF MEDICAL EDUCATION M.S. BUILDING BENGALURU - 560 001. 2. THE DIRECTOR/ DIRECTORATE DEPARTMENT OF MEDICAL EDUCATION BENGALURU - 560 001. …APPELLANTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE) Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER AND: 1. DR. VISHWANATH H.L. S/O LATE DR. H.C. LAKSHMANACHAR AGED ABOUT 55 YEARS WORKING AS HEAD OF DEPARTMENT BIO-CHEMISTRY DEPARTMENT BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU - 560 002 RESIDING AT NO.119 1ST MAIN, MLA LAYOUT R.T. NAGAR, BENGALURU - 560 032. 2. BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE REPRESENTED BY ITS DEAN CUM DIRECTOR BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU - 560 002. 3. THE GOVERNING COUNCIL BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU - 560 002. 4. DR. MARUTHI PRASAD B.V. PROFESSOR DEPARTMENT OF BIO CHEMISTRY BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU - 560 002. 5. DR. ARUL DASAN AGED ABOUT 43 YEARS, S/O D. THANGARAJ HEAD OF DEPARMENT OF RADIA DIAGNOSIS - 3 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU - 560 002. 6. DR. VIJAY KUMAR K.R. PROFESSOR DEPARTMENT OF RADIO DIAGNOSIS BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU - 560 002. 7. DR. RAMESH K.T. AGED ABUT 49 YEARS S/O THAMMANNA GOWDA R/AT NO.36, 2ND CROSS 9TH MAIN , R.K. LAYOUT 2ND STAGE, PADMANABHANAGAR BENGALURU - 560 070. 8. DR. YOGEESHWARAPPA C.N. S/O NAGAPPA AGED ABOUT 56 YEARS WORKING AS HOD DEPARTMENT OF PLASTIC SURGERY BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU - 560 002. …RESPONDENTS (BY SRI PRITHVEESH M.K., ADVOCATE FOR C/R1 AND R5; SRI P.S. MALIPATIL, ADVOCATE FOR R2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE COMMON JUDGMENT DATED 28.02.2024 (S-RES) PASSED BY A LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION No.4738 OF 2024 CONNECTED - 4 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER WITH WRIT PETITION NO.4740 OF 2024 AND WRIT PETITION NO.5265 OF 2024, DISMISS THE WRIT PETITIONS FILED BY THE PETITIONERS, ETC. IN CCC NO.552/2024: BETWEEN: 1. DR. VISHWANATH H.L. S/O LATE DR. H.C. LAKSHMANACHAR AGED ABOUT 55 YEARS, WAS WORKING AS HEAD OF DEPARTMENT CURRENTLY WORKING AS PROFESSOR BIO-CHEMISTRY DEPARTMENT BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU - 560 002 RESIDING AT No.119, 1ST MAIN MLA LAYOUT, R T NAGAR, BENGALURU - 560 032. ...COMPLAINANT (BY SRI. PRITHVEESH M.K., ADVOCATE) AND: 1. DR. RAMESH KRISHNA DEAN CUM DIRECTOR, BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU - 560 002. 2. DR. SHANPRAKSH RUDRAPPA PATIL CHAIRMAN, GOVERNING COUNCIL, BANGALORE MEDICAL COLLEGE - 5 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER AND RESEARCH INSTITUTE BENGALURU - 560 002. 3. DR. MARUTI PRASAD B.V. CURRENTLY WORKING AS HEAD OF DEPARTMENT DEPARTMENT OF BIO-CHEMISTRY, BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU - 560 002. 4. SRI. MOHAMMED MOHSIN PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, K.R. ROAD, BENGALURU - 560 002. 5. DR. B.L. SUJATHA RATHOD DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, K.R. ROAD, BENGALURU - 560 002. ...ACCUSED 6. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MEDICAL EDUCATION K.R. ROAD BENGALURU - 560002. ...PROFORMA RESPONDENT (BY SRI. MALIPATIL P S.,ADVOCATE FOR R1; SRI. SUDARSHAN SURESH, ADVOCATE FOR R5; SMT. PRAMODHINI KISHAN, AGA FOR R4 AND R6 - 6 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER RESPONDENTS No.2 & 3 ARE SERVED AND UNREPRESENTED) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971, PRAYINGTO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH THEM IN ACCORDANCE WITH LAW FOR HAVING WILLFULLY DISOBEYED THE ORDER PASSED BY THIS HON'BLE COURT IN WP NO.4738/2024 AND CONNECTED MATTERS DATED 28/02/2024 (ANNEXURE-A). IN CCC NO. 553/2024 BETWEEN: 1. DR. T. ARUL DASAN S/O D. THANGARAJ AGED ABOUT 43 YEARS WAS WORKING AS HEAD OF DEPARTMENT CURRENTLY WORKING AS PROFESSOR DEPARTMENT OF RADIO - DIAGNOSIS BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BANGALORE - 560 002. RESIDING AT No.206 SNN RAJ LAKE VIEW BILEKAHALLI, BTM II STAGE, BENGALURU - 560 076. ...COMPLAINANT (BY SRI. PRITHVEESH M.K., ADVOCATE) AND: 1. DR. RAMESH KRISHNA DEAN CUM DIRECTOR, BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE - 7 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER BENGALURU - 560 002. 2. DR. SHANPRAKSH RUDRAPPA PATIL CHAIRMAN GOVERNING COUNCIL BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU - 560 002. 3. DR. VIJAYA KUMAR K.R. CURRENTLY WORKING AS HEAD OF DEPARTMENT DEPARTMENT OF RADIO - DIAGNOSIS BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU - 560 002. 4. SRI. MOHAMMED MOHSIN PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, K.R. ROAD BENGALURU - 560002. 5. DR. B. L. SUJATHA RATHOD DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, K.R. ROAD BENGALURU - 560002. ...ACCUSED 6. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MEDICAL EDUCATION K.R. ROAD BENGALURU - 560002. ...PROFORMA RESPONDENT - 8 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER (BY SRI. MALIPATIL P S.,ADVOCATE FOR R1 SMT. FARAH FATHIMA, ADVOCATE FOR R3; SMT. PRAMODHINI KISHAN, AGA FOR R4 & 6; SRI. SUDHARSHAN SURESH, ADVOCATE FOR R5; RESPONDENTS 2 IS SERVED AND UNREPRESENTED) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH THEM IN ACCORDANCE WITH LAW FOR HAVING WILLFULLY DISOBEYED THE ORDER PASSED BY THIS HON'BLE COURT IN WP NO.4740/2024 AND CONNECTED MATTERS DATED 28/02/2024 (ANNEXURE-A). IN WA NO. 585/2024 BETWEEN: 1. DR. VIJAYA KUMAR. K. R. PROFESSOR, DEPARTMENT OF RADIO DIAGNOSIS BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU - 560 002. 2. DR. MARUTHI PRASAD B .V. PROFESSOR DEPARTMENT OF BIO CHEMISTRY BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU - 560 002. 3. DR. YOGEESHWARAPPA C.N. S/O. NAGAPPA, AGED ABOUT 56 YEARS, WORKING AS HEAD OF THE DEPARTMENT OF PLASTIC SURGERY, - 9 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE, BENGALURU - 560 002. ...APPELLANTS (BY SMT. FARAH FATHIMA, ADVOCATE) AND: 1. DR. ARUL DASAN S/O D. THANGARAJ AGED ABOUT 43 YEARS, WORKING AS HEAD OF DEPARTMENT, OF RADIA DIAGNOSIS BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE, BENGALURU - 560 002. 2. BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE REPRESENTED BY ITS DEAN CUM DIRECTOR BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU - 560 002. 3. GOVERNING COUNCIL BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE BENGALURU - 560 002. 4. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF MEDICAL EDUCATION, K.R.ROAD BENGALURU - 560 001. 5. DIRECTORATE OF MEDICAL EDUCATION REPRESENTED BY ITS DIRECTOR - 10 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER K. R. ROAD, BENGALURU - 560 002. 6. DR. VISHWANATH H.L. S/O LATE DR. H.C. LAKSHMANACHAR AGED ABOUT 55 YEARS PROFESSOR AND HOD DEPARTMENT OF BIO-CHEMISTRY KIMS, HUBBALLI - 580 001. 7. DR. RAMESH K.T. AGED ABOUT 49 YEARS S/O THAMMANNA GOWDA R/AT No.36, 2ND CROSS 9TH MAIN, R.K. LAYOUT 2ND STAGE PADMANABHANAGAR BENGALURU - 560 070. ...RESPONDENTS (BY SRI. PRITHVEESH M.K., ADVOCATE FOR R1 & R6; SRI. P.S. MALIPATIL, ADVOCATE FOR R2; SRI. K.S. HARISH, GOVERNMENT ADVOCATE FOR R4) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE COMMON JUDGMENT ORDER DATED 28.02.2024 (S-RES) PASSED BY A LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP No.4740/2024, WP No.4738/2024 AND WP No.5265/2024 AND DISMISS THE WRIT PETITIONS FILED BY THE PETITIONERS. THE APPEALS AND CCCs, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR. JUSTICE M.I.ARUN - 11 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER ORAL JUDGMENT (PER: HON'BLE MR JUSTICE M.I.ARUN) Aggrieved by the order dated 28.02.2024 passed in Writ Petition No.4738 of 2024 c/w. Writ Petition No.4740 of 2024 and 5265 of 2024, the State of Karnataka has preferred Writ Appeal No.558 of 2024, respondent No.3 in Writ Petition No.4740 of 2024, respondent No.3 in Writ Petition No.4738 of 2024 and respondent No.4 in Writ Petition No.5265 of 2024 have preferred Writ Appeal No.585 of 2024. Further, the petitioner in Writ Petition No.4738 of 2024 has preferred CCC No.552 of 2024 and the petitioner in Writ Petition No.4740 of 2024 has preferred CCC No.553 of 2024 to implement the orders passed in the writ petitions. 2. The original petitioners in the writ petitions held the post of Head of the Department of various departments in Bangalore Medical College and Research Institute (hereinafter referred to as ‘BMCRI’). Byelaw 20 of BMCRI provides for Rotation of Head of Department. It reads as under: - 12 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER “20. Rotation of Head of Department: In the Department where there are more than one Professor, the HOD shall be rotated among them. Each Professor serving as a head for a period of three years or superannuation whichever is earlier and so in the order of seniority or as notified by Government from time to time. The EPAR of all HOD’s current and preceding shall be reviewed by the Director / Director Cum Dean of the institute in case of medical college and by the Director in case of super speciality hospitals respectively. The Director / Director cum Dean and CAO shall ensure due diligence for seniority in the implementation of the same in their respective institute. Provided for serving as HOD there is no vigilance or departmental enquiry / criminal case is pending against the concerned staff.” 3. Based on the said Byelaw, after a period of three years, the original petitioners were sought to be replaced by appointing other persons as the Head of Departments in their respective subjects. Accordingly, notifications were issued. Aggrieved by the same, the original petitioners challenged Byelaw 20 of BMCRI and the notifications issued thereunder, on the ground that the senior most - 13 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER Professor has to be appointed as the Head of the Department in their respective subjects and Byelaw 20 is in violation of Teachers Eligibility Qualification in Medical Institutions Regulations, 2022 which is framed under the National Medical Commission Act, 2019. 4. Byelaw 20 of BMCRI is mutatis mutandis similar to Byelaw 20 of the Karnataka Institute of Medical Sciences (KIMS). Learned Single Judge on the ground that Writ Petition No.100726 of 2024 c/w. Writ Petition No.100725 of 2024, Byelaw 20 of KIMS has been struck down, has allowed Writ Petition No.4738 of 2024 c/w. Writ Petition Nos.4740 of 2024 and 5265 of 2024 and has passed the following: ORDER “(i) The writ petition is allowed. (ii) Consequently, the impugned Official Memorandum letter dated 6.2.2024 passed by respondent No.1 as per Annexure-“H” is hereby quashed. (iii) The petitioners herein shall be permitted to hold their positions as Head of Department of the respective departments in the respective writ petitions.” - 14 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER 5. Aggrieved by the same, the present Writ Appeals are preferred and to implement the order passed by the learned Single Judge CCC Nos.552 of 2024 and 553 of 2024 have been preferred. 6. As already mentioned above, Byelaw 20 of KIMS is mutatis mutandis similar to Byelaw 20 of BMCRI. Both KIMS and BMCRI are Medical Colleges imparting medical education in the State of Karnataka and are similarly situated. No doubt, the policy of the Medical Institutions rotating the Head of the Department was struck down in Writ Petition No.100726 of 2024 c/w. Writ Petition No.100725 of 2024, but the same has been presently set aside in Writ Appeal No.100075 of 2024 connected with Writ Appeal Nos.100077 of 2024, 100073 of 2024, 100074 of 2024 and 100076 of 2024. The learned Single Judge did not have the benefit of the order passed in the aforementioned Writ Appeals while deciding Writ Petition No.4738 of 2024 c/w. Writ Petition Nos. 4740 of 2024 and 5265 of 2024, which have been impugned in the present writ appeals. 7. In the course of arguments, the learned advocates for all the contesting parties unequivocally submitted that in the light of the orders passed in Writ Appeal No.100075 of 2024 connected with - 15 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER Writ Appeal Nos.100077 of 2024, 100073 of 2024, 100074 of 2024 and 100076 of 2024, the order of the learned Single Judge in Writ Petition No.4738 of 2024 c/w. Writ Petition Nos. 4740 of 2024 and 5265 of 2024 is liable to be set aside and the writ petitions are liable to be dismissed. 8. In the Writ Appeal No.100075 of 2024 connected with Writ Appeal Nos.100077 of 2024, 100073 of 2024, 100074 of 2024 and 100076 of 2024, a Co-ordinate Bench of this Court, (Dharwad Bench), for the following reasons, has upheld Byelaw 20 of KIMS which is mutatis mutandis similar to Byelaw 20 of BMCRI. The reasons assigned are: “22. The aforesaid contention of the petitioners is countered by respondents by submitting that a rotation policy has been adopted by the KIMS in order to promote diversity of thought, new innovations, which various Professors in the same department may have. It is submitted that giving an opportunity for various Professors will only help in improving existing system. It is further submitted that Head of the Department is not a promotion for the Professors but he is only a first amongst equals, similar to a captain of a team and that other Professors are not inferiors and Head of Department does not get any added salary. - 16 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER 23. When the statute does not specifically state that the senior most person should be appointed as the Head of Department, under the circumstances, it is a discretion best left to the Institution to determine the manner of choosing the Head of Department rather than Courts substitute the wisdom of the Institutions and stating which is the appropriate manner. The Court in exercise of its writ jurisdiction has to consider whether the action of the State or its authorities is arbitrary, unreasonable or whimsical or discriminating. It may not be appropriate to judge whether the decision is sound or some other decision could have been better. In the instant case, the concerned statute does not prohibit appointment of Head of Department on rotational basis. The Byelaws of KIMS stipulate that the same shall be appointed on a rotational basis. As stated above, we do not find the said condition to be against any statute. The learned Single Judge in the impugned order has not held the said Regulation to be invalid. Based on the experience gained, Byelaws of KIMS have been prepared and the institution has deemed it appropriate in its own interest that the Head of Department should be on a rotational basis. We do no find any error in the said Byelaw.” 9. We have no reason to differ from the order passed by the Co-ordinate Bench of this Court as aforementioned in upholding the rotation policy adopted by the BMCRI in respect of its Head of Department. - 17 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER 10. For the aforementioned reasons and the reasons assigned in Writ Appeal No.100075 of 2024 connected with Writ Appeal Nos.100077 of 2024, 100073 of 2024, 100074 of 2024 and 100076 of 2024, the present writ appeals are required to be allowed and the writ petitions are liable to be dismissed. Further, the contempt petitions which are filed to enforce the order passed in Writ Petition Nos.4740 of 2024 and Writ Petition No.4738 of 2024 are liable to be dismissed. Hence, the following: ORDER (i) Writ Appeal Nos.558 of 2024 and 585 of 2024 are hereby allowed. Consequently, Writ Petition No.4738 of 2024 c/w. Writ Petition Nos.4740 of 2024 and 5265 of 2024 are hereby dismissed. (ii) Byelaw 20 of BMCRI and the notification issued under it in respect of appointing the Head of Department on rotation policy is upheld. (iii) Contempt Petition No.552 of 2024 and Contempt No.553 of 2024 are hereby dismissed. - 18 - NC: 2025:KHC:10852-DB WA No. 558 of 2024 C/W CCC No. 552 of 2024 CCC No. 553 of 2024 AND 1 OTHER (iv) Pending interlocutory applications, if any, stand disposed of. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 16