- 1 - NC: 2025:KHC:18134 WP No. 13691 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 13691 OF 2025 (S-RES) BETWEEN: 1. DR. VASUDA. M.S. W/O KEERTHI MITHRA D, AGED ABOUT 29 YEARS, WORKING AS RBSK MEDICAL OFFICER TALUK HEALTH OFFICE, GUBBI, TUMKURU DISTRICT - 572216 R/A 48, VINAYAK KRUPA MAHAVEERA NILAYA, OPP-SIDDARUDAMUTT AMARJYOTHINAGAR TUMKUR DISTRICT - 572105 2. SMT. VASANTHAKUMARI A W/O MOHAN KUMAR T R., AGED ABOUT 35 YEARS, WORKING AS RBSK STAFF NURSE, TALUK HEALTH OFFICE, GUBBI, TUMAKURU DISTRICT - 572216 R/A DODDANARAVANGALA POST DODDANARAVANGALA TUMKUR DISTRICT - 572107 3. SONUPRIYA Z L D/O B V LOKESH, AGED ABOUT 24 YEARS, WORKING AS RBSK OPHTHALMIC ASSISTANT, TALUK HEALTH OFFICE, GUBBI, TUMKURU DISTRICT - 572216 R/A SIDDALINGESHWAR NILAYA KAYAPETE, GUBBI TUMKUR DISTRICT - 572216 …PETITIONERS (BY SRI. R. HEMANTH RAJ AND SRI. SHIVARAJ PATIL, ADVOCATES) Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18134 WP No. 13691 of 2025 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, NO.105, 1ST FLOOR, VIKASA SOUDHA BENGALURU - 560001. 2. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER OLD NH-4 ROAD, AMANAKERE PARK, TUMKUR - 572101 3. THE DISTRICT HEALTH AND FAMILY WELFARE SOCIETY NO.G.B-7, DISTRICT BHAVANA OLD NH-4 ROAD, AMANAKERE PARK TUMKUR-572101 REP BY ITS MEMBER SECRETARY. 4. THE DEPUTY DIRECTOR RASHTRIYA BAL SWASTHYA KARYAKRAM (RBSK) AROGYA SOUDHA MAGADI ROAD, BENGALURU - 560023. 5. THE PROJECT DIRECTOR, RCH RASHTRIYA BAL SWASTHYA KARYAKRAM (RBSK) AROGYA SOUDHA MAGADI ROAD, BENGALURU - 560023. 6. MISSION DIRECTOR NATIONAL HEALTH MISSION AROGYA SOUDHA MAGADI ROAD, BENGALURU - 560023 …RESPONDENTS (BY SRI. SHIVAPRABHU HIREMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM BEARING NO.GIATU/RCHTU/05/2025-26 DATED 11.04.2025, OFFICIAL MEMORANDUM BEARING NO.GIATU/RCHTU/ 18/2025-26 DATED 11.04.2025 AND OFFICIAL MEMORANDUM - 3 - NC: 2025:KHC:18134 WP No. 13691 of 2025 BEARING NO.GIATU/RCHTU/03/2025-26 DATED 11.04.2025 AS PER ANNEXURE-F, G AND H ISSUED BY THE 3RD RESPONDENT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER The petitioners have challenged three official memoranda bearing Nos.fDvÀÄ/DgﹺÉZïvÀÄ/05/2025-26, fDvÀÄ/DgﹺÉZïvÀÄ/18/2025- 26, fDvÀÄ/DgﹺÉZïvÀÄ/03/2025-26 of even date i.e., 11.04.2025 by which their services were terminated. They have also sought for a writ in the nature of mandamus to the respondent Nos.1 to 3 to reinstate them into service by declaring that their termination is illegal. 2. The petitioners contend that they were appointed as Medical Officer, Staff Nurse and Ophthalmic Assistant on contract basis under the Scheme of ‘Rashtriya Bal Swasthya Karyakram’ (RBSK) promoted by the National Rural Health Mission under the auspices of the Ministry of Health and Family Welfare. As per the scheme, the Doctors were required to check-up the defects of birth, childhood diseases, deficiencies and developmental delays and disabilities of children up to the - 4 - NC: 2025:KHC:18134 WP No. 13691 of 2025 age of 18 years. Accordingly, the petitioner No.1 was appointed as Medical Officer on 28.09.2020 and working at Taluk Health Office, Gubbi Taluk, Tumakuru District. She has completed more than 4 and ½ years of service without any blemish. Similarly, the petitioner No.2 was appointed as Staff Nurse on 31.07.2013 working at Taluk Health Office at Gubbi Taluk, Tumakuru District and she continued for more than 10 years without any blemish. Likewise, petitioner No.3 was appointed as an Ophthalmic Assistant on 26.07.2023 and has worked at Taluk Health Office at Gubbi Taluk, Tumkur District for more than one year nine months without any remarks. The petitioners contend that they have been working in the same posts continuously without any break except for an artificial break introduced by the respondents. The petitioners’ contract is renewed until 31.03.2025. The respondent No.6 issued a Circular dated 29.03.2025 extending the contract period and review of the performance / evaluation of the staff of National Health Mission. It was informed that the updated performance benchmark indicators would be circulated to the entire District to facilitate systematic performance evaluation process. It is claimed that during the period of contract, agreement of all - 5 - NC: 2025:KHC:18134 WP No. 13691 of 2025 contract staff serving under the National Health Mission was extended from 01.04.2025 to 15.04.2025. Therefore, it is claimed that the services of the petitioners stood extended till 15.04.2025. On 11.04.2025, the petitioners were terminated in terms of a communication circulated on a Whatsapp group. Later, the respondents issued the impugned respective official memoranda terminating the services of the petitioners. The petitioners are, therefore, before this Court contending that the impugned respective official memoranda issued by the respondent No.3 terminating the services of the petitioners were without any basis and without any evaluation process. 3. Learned counsel for the petitioners contends that the respondents have issued a Circular dated 29.03.2025 extending the period of contract to all 430 Mobile Health Teams across the State of Karnataka including the petitioners. However, the respondent No.3 issued the respective impugned official memoranda terminating the services of the petitioners without issuing any prior notice and without any basis for such termination. He contends that some similarly situated candidates had challenged the notice of termination issued by the respondents in W.P.No.32103/2024, where this Court had - 6 - NC: 2025:KHC:18134 WP No. 13691 of 2025 granted an order of stay. Therefore, he contends that the impugned orders of termination are illegal and warrant interference. 4. Learned Additional Government Advocate on instructions, submitted that the respondents would re-do the exercise and if the petitioners’ continuation in service is necessary, the respondents would consider the same in accordance with law. In view of the aforesaid submissions, this writ petition deserves to be allowed. 5. Consequently, the Writ Petition is allowed. The impugned three official memoranda bearing Nos.fDvÀÄ/DgﹺÉZïvÀÄ/05/2025-26, fDvÀÄ/DgﹺÉZïvÀÄ/18/2025-26, fDvÀÄ/DgﹺÉZïvÀÄ/03/2025-26 of even date i.e., 11.04.2025 are quashed. The respondents are directed to reinstate the petitioners into their original posts with continuity of service and all consequential benefits. However, it is open for the respondents to take a decision regarding the extension of service or discontinuation of the petitioners from service which shall however, be in accordance with law. - 7 - NC: 2025:KHC:18134 WP No. 13691 of 2025 6. In view of disposal of the petition, pending I.As., if any, do not survive for consideration and the same stand disposed off. Sd/- (R. NATARAJ) JUDGE PMR List No.: 2 Sl No.: 8