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2025 DAILYLAW 22901 (KAR)

NIMHANS EMPLOYEES ASSOCIATION (REG) v. THE STATE OF KARNATAKA

WP/11026/2024 · 2025-01-23

S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC:2956 WP No. 11026 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 11026 OF 2024 (S-RES) BETWEEN: NIMHANS EMPLOYEES ASSOCIATION (REG) REPRESENTED BY ITS PRESIDENT MR. A G NAGARAJA NIMHNS, P B NO.2900 HOSUR ROAD BANGALORE-560029. …PETITIONER (BY SRI. PRITHVEESH M. K., ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE VIKASA SOUDHA BANGALORE-560001. 2. THE UNION OF INDIA REP. BY ITS SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAVN NEW DELHI-110001. 3. THE NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES (NIMHANS) REP. BY ITS DIRECTOR Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2956 WP No. 11026 of 2024 HOSUR ROAD BANGALORE-560029. 4. SRI B S SHANAKARANARAYANA RAO REGISTRAR (IN CHARGE) NIMHANS, HOSUR ROAD BANGALORE-560029. …RESPONDENTS (BY SRI. NAVEEN CHANDRASHEKHAR, AGA FOR R1 SRI KUMAR M.N., ADV. FOR R2 SRI PRABHAKAR RAO, ADV. FOR R3 & R4) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS FROM THE 1ST, 2ND AND 3RD RESPONDENT; B) ISSUE A WRIT IN THE NATURE OF QUO-WARRANTO OUSTING THE R4 FROM THE POST OF REGISTRAR IN THE R3-INSITUTUTE WITH IMMEDIATE EFFECT, TO MEET THE ENDS OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Heard learned counsel Sri.Prithveesh M.K. for petitioner. 2. The petitioner is before this Court praying for the following reliefs: a) Call for records from the 1st, 2nd and 3rd Respondent; - 3 - NC: 2025:KHC:2956 WP No. 11026 of 2024 b) Issue a writ in the nature of Quo-Warranto ousting the 4th Respondent from the post of Registrar in the 3rd Respondent-Institute with immediate effect, to meet the ends of justice; c) Issue a writ or order in the nature of mandamus, directing the 2nd and 3rd Respondent to remove the 4th Respondent as Registrar (in- charge), and appoint a Registrar on substantive basis in accordance with prevailing Cadre and Recruitment Rules of the 3rd Respondent- Institute, to meet the ends of justice; and d) Pass any other Order, which this Hon’ble Court deems fit, in the interest of justice and equity.” 3. During the course of hearing, learned counsel for the respondent files a memo dated 23.01.2025 enclosing O.M. dated 13.01.2025 wherein one Sri.Harsha A.H. is appointed as Registrar of the 3rd Respondent, with effect from the date of assumption of charge. 4. In view of the above, since one Sri.Harsha A.H. is appointed as Registrar of 3rd respondent/National Institute of Mental Health and Neuro Sciences, the prayer of the - 4 - NC: 2025:KHC:2956 WP No. 11026 of 2024 petitioner would no more survive for consideration. Accordingly, the writ petition stands disposed of. SD/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 35