- 1 - HC-KAR NC: 2025:KHC:22937-DB WP No. 18836 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH 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. 18836 OF 2025 (S-KSAT) BETWEEN: DR. HANKEPPA RATHOD, S/O LATE YAMANAPPA RATHOD, AGED ABOUT 50 YEARS, WORKING AS DEPUTY DRUGS CONTROLLER (AYUSH), DIRECTORATE OF AYUSH DANVANTRI ROAD, BENGALURU - 560 009. R/AT NO.714, SKYLINE CITY TOWER BLOCK APARTMENTS, CHANDRA LAYOUT, BENGALURU - 560 072. …PETITIONER (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, VIKASA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER DEPARTMENT OF AYUSH, DANVANTRI ROAD, BENGALURU - 560 009. Digitally signed by DHAKSHAYINI R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22937-DB WP No. 18836 of 2025 …RESPONDENTS (BY SRI. REUBEN TACOB, AAG A/W SRI. SHIVA REDDY, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a)ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 26/6/2025 PASSED BY THE HONBLE KSAT IN APPLICATION NO.2787/2025 VIDE ANNEXURE-A AND ETC., THIS PETITION, 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 petitioner aggrieved by non grant of interim order by order dated 26.06.2025 in Application No.2787/2025 is before this Court in this writ petition. 2. Heard learned counsel Sri. Shivaprasad Shantana Goudar for petitioner, learned Additional Advocate General Sri. Reuben Jacob along with Sri. V.Shiva Reddy, learned AGA for respondents. Perused the entire writ petition papers. - 3 - HC-KAR NC: 2025:KHC:22937-DB WP No. 18836 of 2025 3. Learned counsel for the petitioner would submit that the petitioner initially joined the Department of Ayush as Physician Grade-II in the year 2004. It is submitted that in terms of the rules of the Department of Ayush i.e., the Karnataka Ayurveda, Unani, Siddha Homoeopathy, Nature Cure and Yoga (AYUSH) (Non-teaching) (Recruitment) Rules, 2012, the petitioner was promoted as Assistant Drugs Controller as no suitable candidate was available for promotion from the cadre of Drug Inspector. 4. Learned counsel would also point out that the petitioner was promoted to the next higher cadre of Deputy Drugs Controller under notification dated 29.04.2016 at Annexure-A6. It is the submission of the learned counsel for the petitioner that the post of Deputy Drugs Controller is equivalent to the post of Deputy Director (Ayurveda in Ayush Department). It is also submitted that there is no compulsory rural service for the post of Deputy Director (Ayurveda) in Ayush Department. The grievance of the petitioner is that under impugned O.M dated 19.06.2025 (Annexure-A.13) the petitioner is transferred and posted as Medical Officer, Government Ayurvedic Clinic, Koragallu, Ramanagara District - 4 - HC-KAR NC: 2025:KHC:22937-DB WP No. 18836 of 2025 under Rule 4 (1) (2) of the Karnataka State Civil Services (Regulation of transfer of Medical Officers and other staffs) Rules 2025. 5. Learned counsel would submit that the said impugned order of transfer is the subject matter of Application No.2787/2025 before the Karnataka State Administrative Tribunal, Bengaluru (for short 'the tribunal'). The Tribunal under impugned order dated 26.06.2025 (Annexure-A) rejected the interim prayer of the petitioner on an erroneous ground that the Cadre and Recruitment Rules is silent on the responsibilities and equation of Deputy Drug Controller and Medical Officer. 6. Learned counsel for the petitioner would submit that when the petitioner is promoted as Deputy Drugs Controller which is equivalent to Deputy Directors post in the Ayush Department, the 2025 Rules would have no application and the petitioner would not be liable for rural service which the Tribunal failed to appreciate. Hence, he prays for allowing the writ petition and to grant the interim prayer as sought before the Tribunal. Moreover, he submits that in the Department of - 5 - HC-KAR NC: 2025:KHC:22937-DB WP No. 18836 of 2025 Ayush, the petitioner is the only Deputy Drugs Controller and no other person is posted in his place. 7. Per contra, learned Additional Advocate General Sri. Reuben Jacob for respondents would submit that the initial promotion of the petitioner as Assistant Drugs controller is contrary to C and R rules and further he submits that his name is continued in the seniority list of Medical Officers and he has drawn allowances as Medical Officer. Therefore, he cannot claim the post of Deputy Drugs Controller or Assistant Drugs Controller. He further submits that action is being initiated against petitioner for those actions. Thus, he prays for dismissal of the writ petition. However, he submits that if this Court is inclined to allow the writ petition, respondents may be permitted to complete the pleadings and to argue the main matter before the Tribunal. 8. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, it is for the Tribunal to decide the main dispute as to whether the petitioner would be liable for transfer and whether 2025 Rules would have application to the post of Assistant Drugs Controller or Deputy - 6 - HC-KAR NC: 2025:KHC:22937-DB WP No. 18836 of 2025 Drugs Controller. For grant of interim prayer, this Court has to find out as to whether the petitioner has made out prima-facie case. 9. No doubt, the petitioner was initially appointed to the cadre of Physician Grade-II but in terms of C and R rules the petitioner was promoted to the cadre of Assistant Drugs Controllers and further promoted as Deputy Drugs Controller. As submitted by both the learned counsels appearing for the parties, the post of Deputy Drugs Controller is equivalent to the post of Deputy Director (Ayurveda of Ayush). 10. We are of the view that 2025 rules would not apply to the post of Deputy Drugs Controller. However, on appreciating entire material at the time of final disposal, it is for the Tribunal to come to an independent decision. At this stage, in view of the petitioner holding the post of Deputy Drugs Controller, we are of the opinion that the petitioner has made out Prima-facie case for grant of interim prayer. Hence, the following:- ORDER i. The impugned order dated 26.06.2025 is set aside. - 7 - HC-KAR NC: 2025:KHC:22937-DB WP No. 18836 of 2025 ii. The impugned order dated 19.06.2025 bearing No.AYUSH/7/Sibbandi(5)/2025/EAa at (Annexure- A.13) insofar as petitioner is concerned is stayed. iii. The petitioner shall continue as Deputy Drugs Controller in the Ayush Department, during the pendency of the application before the Tribunal. iv. Learned AGA undertakes to file statement of objections on the next date of hearing before the Tribunal i.e., on 15.07.2025. If pleadings are completed on the said date, the Tribunal is requested to dispose of the application as far as possible within three weeks thereafter. v. Accordingly, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE VS List No.: 1 Sl No.: 7 CT: BHK