- 1 - HC-KAR NC: 2025:KHC:20920-DB WP No. 17181 of 2025 C/W WP No. 17053 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT PETITION NO. 17181 OF 2025 (S-KSAT) C/W WRIT PETITION NO. 17053 OF 2025 (S-KSAT) IN WP NO. 17181/2025 BETWEEN: 1. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, VIKASA SOUDHA, BENGALURU-560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560 023. …PETITIONERS (BY SRI. REUBEN JACOB, AGA A/W SRI B RAVINDRANATH, AGA) AND: 1. DR. GANESH H S/O. LATE P. HANUMANTHARAJU, AGED ABOUT 51 YEARS, WORKING AS CASUALTY MEDICAL OFFICER, GENERAL HOSPITAL, YELAHANKA, BENGALURU-560 064, RESIDING AT NO.25, 6TH CROSS, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20920-DB WP No. 17181 of 2025 C/W WP No. 17053 of 2025 PIPELINE ROAD, VIJAYANAGAR, BENGALURU-560 023. 2. DR. DHYANESHWAR. M S/O. K. M. MADAIAH, AGED ABOUT 52 YEARS, WORKING AS SENIOR SPECIALIST, K. C. GENERAL HOSPITAL, BENGALURU-560 003, R/AT NO.349, 1ST STAGE, 6TH MAIN, K.H.B. COLONY, BASAVESHWARANAGAR, BENGALURU-560 079. 3. DR. ANUPAMA. D W/O. DR. MOHAN KUMAR, AGED ABOUT 50 YEARS, WORKING AS DEPUTY CHIEF MEDICAL OFFICER, PRIMARY HEALTH CARE, THIPPENAHALLI, BENGALURU NORTH TALUK, BENGALURU-560 073, R/AT NO.100, 11TH CROSS, MUNESHWARANAGAR, BEHIND ZUDIO SHOP, ULLALA MAIN ROAD, BENGALURU-560 073. 4. DR. RESHMA. H D/O. LATE HANUMANTHAIAH. Y, AGED ABOUT 49 YEARS, WORKING AS MEDICAL OFFICER, PRIMARY HEALTH CARE, KENGERI UPANAGAR, BENGALURU SOUTH TALUK, BENGALURU-560 060. R/AT NO.3, 2ND FLOOR, VAISHAV MEDOWS APARTMENT, NEAR BDA COMPLEX, NAGARBHAVI 2ND STAGE, NAGARABHAVI, BENGALURU-560 072. 5. DR. RAVENDRA. T S/O. B. N. THAMMANNA, - 3 - HC-KAR NC: 2025:KHC:20920-DB WP No. 17181 of 2025 C/W WP No. 17053 of 2025 AGED ABOUT 56 YEARS, WORKING AS SENIOR SPECIALIST, GENERAL HOSPITAL, JAYANAGAR, BENGALURU - 560 041, RESIDING AT NO.715/A, MODI HOSPITAL ROAD, RAJAJINAGAR, 2ND STAGE, BENGALURU-560 010. 6. DR. PUSHPALATHA. P. M. W/O. A. K. SRINIVAS MURTHY, AGED ABOUT 57 YEARS, WORKING AS DEPUTY CHIEF MEDICAL OFFICER, PRIMARY HEALTH CARE, SAHAKARA NAGAR, BENGALURU-560 092, RESIDING AT NO. 42/3, 3RD MAIN, 11TH CROSS, L.N. PURAM, BENGALURU-560 021. 7. DR. GAJANANA SHRIPADA BHAT S/O. SHRIPADA S BHAT, AGED ABOUT 53 YEARS, WORKING AS SENIOR SPECIALIST AND UROLOGIST, PANDIT GENERAL HOSPITAL, SIRSI, UTTARA KANNADA-581 401, RESIDING AT ATULYAM, STATE BANK COLONY, VIDYAGIRI, NEAR APMC YARD, SIRSI, UTTARA KANNADA-581 402. …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE OBSERVATION/DIRECTION IN THE 2ND SENTENCE OF PARAGRAPH NO.9 OF THE INTERIM ORDER DATED 12/06/2025 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT BENGALURU IN APPLICATION NOS. 2484-2490/2025 VIDE ANNEXURE-A, IN SO FAR THE OBSERVATION/DIRECTION THAT THE PROVISIONAL TRANSFER LIST OF ELIGIBLE DOCTORS BE PREPARED WITHOUT REFERRING TO THE PERIOD OF STAY OF DOCTORS IN GREATER BENGALURU AREA IS CONCERNED AND ETC. - 4 - HC-KAR NC: 2025:KHC:20920-DB WP No. 17181 of 2025 C/W WP No. 17053 of 2025 IN WP NO. 17053/2025 BETWEEN: 1. DR. GANESHA. H S/O. LATE P. HANUMANTHARAJU, AGED ABOUT 51 YEARS, WORKING AS CASUALTY MEDICAL OFFICER, GENERAL HOSPITAL, YELAHANKA, BENGALURU - 560 064 R/AT NO.25, 6TH CROSS, PIPELINE ROAD, VIJAYNAGAR, BENGALURU - 560 023. 2. DR. DHYANESHWAR M., S/O. K. M. MADAIAH, AGED ABOUT 52 YEARS, WORKING AS SENIOR SPECIALIST, K.C GENERAL HOSPITAL, BANGALORE - 560 003 R/AT NO.349, 1ST STAGE, 6TH MAIN, K H B COLONY, BASAVESHWARANAGAR, BANGALORE-560079. 3. DR. ANUPAMA D., W/O. DR. MOHAN KUMAR, AGED ABOUT 50 YEARS, WORKING AS DEPUTY CHIEF MEDICAL OFFICER, PRIMARY HEALTH CARE, THIPPENAHALLI BANGALORE NORTH TALUK, BANGALORE – 560073, R/AT NO.100, 11TH CROSS, MUNESHWARANAGAR, BEHIND ZUDIO SHOP, ULLALA MAIN ROAD, BANGALORE 560 073. 4. DR. RAVEENDRA T., S/O. B. N. THAMMANNA, AGED ABOUT 56 YEARS, WORKING AS SENIOR SPECIALIST, GENERAL HOSPITAL, JAYANAGAR, BANGALORE- 560 041, - 5 - HC-KAR NC: 2025:KHC:20920-DB WP No. 17181 of 2025 C/W WP No. 17053 of 2025 R/AT NO.715/A, MODI HOSPITAL ROAD, RAJAJINAGAR, 2ND STAGE, BANGALORE - 560 010. 5. DR. GAJANANA SHRIPADA BHAT, S/O. SHRIPADA S. BHAT, AGED ABOUT 53 YEARS, WORKING AS SENIOR SPECIALIST AND UROLOGIST, PANDIT GENERAL HOSPITAL, SIRISI UTTARA KANNADA DISTRICT-581 401, RESIDING AT ATULYAM, STATE BANK COLONY, VIDYAGIRI, NEAR APMC YEARD, SIRSI UTTARA KANNADA DISTRICT-581 402. ...PETITIONERS (BY SRI. SATISH K., ADV.) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, REP. BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BANGALORE - 560001. 2. THE COMMISSIONER, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BANGALORE - 560 023. 3. DR. RESHMA H D/O. LATE HANUMANTHAIAH Y., AGED ABOUT 49 YEARS, WORKING AS MEDICAL OFFICER, PRIMARY HEALTH CARE, KENGERI, UPANAGAR, BANGALORE SOUTH TALUK, BANGALORE - 560 060, R/AT NO. 3, 2ND FLOOR, VAISHAV MEDOWS APARTMENT, NEAR BDA COMPLEX, NAGARBHAVI, 2ND STAGE, NAGARABHAVI, BANGALORE - 560 072. - 6 - HC-KAR NC: 2025:KHC:20920-DB WP No. 17181 of 2025 C/W WP No. 17053 of 2025 4. DR. PUSHPALATHA P. M., W/O. A.K. SRINIVAS MURTHY, AGED ABOUT 57 YEARS, WORKING AS DEPUTY CHIEF MEDICAL OFFICER, PRIMARY HEALTH CENTRE, SAHAKARA NAGAR, BANGALORE - 560 092. R/AT NO.42/3, 3RD MAIN, 11TH CROSS, L. N. PURAM, BANGALORE - 560 021. ...RESPONDENTS (BY SRI. REUBEN JACOB, AGA A/W SRI B RAVINDRANATH, AGA FOR R1 AND R2 V/O DATED 16.06.2025 NOTICE TO R3 & R4 IS D/W) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS FROM THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE IN RESPECT OF THE IMPUGNED ORDER DATED 12/06/2025 PASSED IN APPLICATION NOS. 2484-86/2025 AND 2488/2025 AND 2490/2025 (ANNEXURE-A) AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioners in W.P.No.17053/2025 are before this Court under Article 226 of the Constitution of India, questioning the interim order refusing to grant stay of execution and implementation of the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and other Staff) Rules, 2025 dated 27.05.2025 (for short - 7 - HC-KAR NC: 2025:KHC:20920-DB WP No. 17181 of 2025 C/W WP No. 17053 of 2025 “2025 Rules”) and also Government Order dated 27.05.2025 notifying the calendar of events for counseling by transfer. 2. Heard learned senior counsel Sri.M.S.Bhagwat for Sri.K.Satish, learned counsel for petitioners and learned Additional Advocate General Sri.Reuben Jacob for Respondents No.1 and 2. Notice to respondents No.3 and 4 is dispensed with, at the request of the petitioners. Perused the writ petition papers. 3. The petitioners are mainly questioning 2025 Rules on the ground that there was no sufficient time to file objections and only 7 days time was provided to file objections to the Draft Rules. Further, learned senior counsel also submitted that in the Draft Rules, there was no concept of Greater Bengaluru and incorporation of Greater Bengaluru in the final notification is impermissible. Learned senior counsel referring to Section 13 of the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Act, 2011 (for short - 8 - HC-KAR NC: 2025:KHC:20920-DB WP No. 17181 of 2025 C/W WP No. 17053 of 2025 “2011 Act”) submits that procedure prescribed under the Karnataka State Civil Services Act, 1978 ought to have been followed while making rules under 2011 Act and non- following such procedure has rendered the Rule illegal and unimplementable. It is also the submission of the learned senior counsel that the Tribunal at the stage of considering the interim prayer of the petitioners has given a final finding on the validity of the Rules under challenge and as such, he submits that nothing remains before the Tribunal to consider. 4. Per contra, learned Additional Advocate General Sri.Reuben Jacob would submit that Law enacted is always presumed to be constitutionally valid unless and until it is declared otherwise by the Competent Court. He submits that Section 13 of 2011 Act cannot be read as suggested by learned senior counsel for the petitioners and he submits that any Rule, Notification, Order or Appointment issued under the Civil Services Act, before commencement of 2011 Act which was in force would continue to the - 9 - HC-KAR NC: 2025:KHC:20920-DB WP No. 17181 of 2025 C/W WP No. 17053 of 2025 extent they are not inconsistent with the provisions of 2011 Act. It is his submission that it would not suggest following of procedure prescribed in Civil Services Act. Learned AAG also brings to the notice of this Court that the draft notification to amend 2011 Act to include Greater Bengaluru was issued on 27.05.2025 and the same was finalized under notification dated 13.06.2025, amending to include Greater Bengaluru area for the words Zone-A. Thus, learned AAG would pray for dismissal of the writ petition, supporting the order passed by the Tribunal. Further, he would submit that the State Government has filed W.P.No.17181/2025 which is connected to this petition, aggrieved by the observation of the Tribunal ‘to prepare provisional transfer list of eligible Doctors without referring the period of stay of Doctors in Greater Bengaluru area’. 5. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers we are of the considered opinion that the impugned order passed by the - 10 - HC-KAR NC: 2025:KHC:20920-DB WP No. 17181 of 2025 C/W WP No. 17053 of 2025 Tribunal refusing to grant stay as prayed needs no interference. However, we make it clear that the Tribunal at the stage of considering the interim prayer could not have gone into the validity of the 2025 Rules. 6. It is settled position of law that any Act or Rules are presumed to be constitutionally valid unless and until the Competent Court declares it otherwise. In the instant case, the petitioners are before the Tribunal, questioning the validity of 2025 Rules on two grounds i.e., minimum time to file objections to draft notification as provided in the Karnataka Civil Services Act is not provided and that definition of “Greater Bengaluru” is not found in 2011 Act. Prima facie, we notice that 2025 Rules is enacted in exercise of State’s power under Section 12 of 2011 Act, which would not specify any time between the publication of draft and finalization of draft rules. Whether, in terms of Section 13 of 2011 Act, time specified in Karnataka State Civil Services Act is to be provided to file objections - 11 - HC-KAR NC: 2025:KHC:20920-DB WP No. 17181 of 2025 C/W WP No. 17053 of 2025 is a question to be decided by the Tribunal at the time of final disposal upon hearing the State. 7. With regard to inclusion of Greater Bengaluru, it is noticed that the State had published draft notification to amend 2011 Act to include Greater Bengaluru on 06.06.2025 and the said draft rules were finalized under Notification dated 13.06.2025. 8. It is for the petitioners to establish before the Tribunal as to how 2025 Rules is contrary to 2011 Act and how petitioners are aggrieved by 2025 Rules. 9. In view of inclusion of Greater Bengaluru in 2011 Act under Notification dated 13.06.2025, it would be appropriate for the respondents- authorities to publish fresh provisional list of eligible Doctors and thereafter to proceed, in accordance with law. The respondents- authorities shall proceed further, only on publication of eligibility list, as directed above. - 12 - HC-KAR NC: 2025:KHC:20920-DB WP No. 17181 of 2025 C/W WP No. 17053 of 2025 10. The observations of the Tribunal on validity of 2025 Rules are uncalled for at this stage. The Tribunal ought not to have given a finding on the validity of 2025 Rules at the stage of deciding the interim prayer. Therefore, the observations of the Tribunal on the validity of 2025 Rules is set aside. However, the petitioners would not be entitled for interim stay as prayed, since there is always a presumption in favour of constitutionality of Law. 11. Normally, the rule or provision of law under challenge would not be stayed by the Court unless it is shown that such law is unreasonable or arbitrary. In the instant case, the petitioners have not prima facie pleaded unreasonableness or arbitrariness of the rule or provision under law. 12. For the reasons stated above, there is no merit in the writ petition and accordingly, the writ petition stands disposed of, with a direction to the Tribunal to dispose of the application as expeditiously as possible, without being - 13 - HC-KAR NC: 2025:KHC:20920-DB WP No. 17181 of 2025 C/W WP No. 17053 of 2025 influenced by its own finding while rejecting interim prayer. 13. In view of the order passed in W.P.No.17053/2025, the W.P.No.17181/2025 would no more survive for consideration. Accordingly, W.P.No.17181/2025 stands disposed off. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MPK CT:bms List No.: 1 Sl No.: 19