- 1 - NC: 2025:KHC:12463 WP No. 24471 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24471 OF 2024 (S-RES) BETWEEN: 1. DR. RAMESH S/O LATE BASAVAIAH AGED ABOUT 57 YEARS NO 1143/8 60 FEET ROAD, 6TH CROSS NEARJYOTHI NAGAR 1ST STAGE, CHANDRA LAYOUT NAGARABHAVI BENGALURU - 560072. 2. DR SUGUNA S AGED ABOUT 48 YEARS D/O DR B K SOMASUNDARA RESIDING AT NO 34/A 4TH MAIN, 10TH CROSS, M BLOCK KUVEMUPNAGARA VTC MYSORE - 570023. 3. SRI GIRSH V PATIL S/O V R PATIL AGED ABOUT 47 YEARS NO 302, SUDHARSHAN FOUNDATIONS INDUSTRIAL SUBURBS VISHWESHWARA NAGAR MYSORE - 570023. 4. DR KIRAN T S/O R THIMMAIAH AGED ABOUT 47 YEARS Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:12463 WP No. 24471 of 2024 NO 103, SHARADHADEVI 2ND STAGE BIDARAHALLI, BSK 2ND STAGE BENGALURU - 560070. …PETITIONERS (BY SRI. RAGHU PRASAD B S.,ADVOCATE) AND: 1. STATE OF KARNATAKA VIDHANA SOUDHA VIDHANA VEEDHDHI BENGALURU REP BY CHIEF SECRETARY - 560001. 2. PRINCIPAL SECRETARY DEPARTMENT OF MEDICAL EDUCATION M S BUILDING 6TH FLOOR, BENGALURU - 560001. 3. CHIEF ADMINISTRATIVE OFFICER MEMBER SECRETARY DEAN AND DIRECTOR SELECTION COMMITTEE CHAMARAJANAGAR INSTITUTE OF MEDICAL SCIENCES SURVEY NO 124, 571,YADAPURA VILLAGE KASABA HOBLI, KARNATAKA - 571313. 4. CHAMARAJANAGAR INSTITUTE OF MEDICAL SCIENCES SURVEY NO 124, 571 YADAPURA VILLAGE, KASABA HOBLI, KARNATAKA - 571313. 5. DR H G MANJUNATH PROFESSOR AND HEAD OF THE DEPARTMENT, - 3 - NC: 2025:KHC:12463 WP No. 24471 of 2024 DEPARTMENT OF ANESTHETIC MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE MYSORE. …RESPONDENTS (BY SRI.S.A. AHMED, AAG A/W SRI. MANJUNATH B, AGA FOR R1 & R2; SRI. PRAKASH T HEBBAR, ADVOCATE FOR R3 & R4; SRI. M. SHIVA PRAKASH, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE IMPUGNED NOTIFICATION DATED 26-07-2023 ISSUED BY 1ST AND 2ND RESPONDENTS AND PRODUCED AT ANNX-C NO. MED 284 MPS 2023(1); B) DIRECT 2ND AND 4TH RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS AT ANNX-F DATED 29.07.2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners are working as Professors with the fourth respondent, and they have filed this petition calling in question the first respondent's Notification dated 26.07.2023 [Annexure-C]. The first respondent by this Notification has placed the fifth respondent in additional charge of the office of the - 4 - NC: 2025:KHC:12463 WP No. 24471 of 2024 Director of the fourth respondent stating that this is in the interest of public and administration purpose. The petitioners have called this order in question on multiple grounds such as that it overlooks the petitioners’ seniority and that this appointment is despite the regulations requiring appointment of a Full-Time Director. 2. This Court on 10.03.2025, on perusal of Annexure-C, has called upon Sri S A Ahmed, the learned Additional Advocate General, to secure instructions on whether the first respondent's decision to place the fourth respondent in additional charge is a temporary arrangement and if indeed it is a temporary arrangement, how long this arrangement would be while also calling upon the learned Additional Government Advocate to place on record the measures that will be taken to ensure that permanent arrangement is made. - 5 - NC: 2025:KHC:12463 WP No. 24471 of 2024 3. In response, under Secretary to Government of Karnataka, Department of Medical Education, has filed an affidavit which in its material part reads as under: 3. I State that the appointment of Dr. H.G.Manjunath as Dean and Director of Chamarajanagara Institute of Medical Science (CIMS), Chamarajanagar is an in- charge arrangement placing the officer in additional charge of the post of Dean and Director and it is a temporary arrangement. This arrangement would continue till a suitable candidate is appointed to the post of Dean and Director, by inviting applications from the eligible candidates after publication of Notification for appointment. 4. I State that the delay in calling application for the post of regular Dean and Director is due to certain amendment to the byelaws of institute are to be carried out in the interest of smooth and public friendly administration is under process. Hence, a special general body meeting of the institutes is called for amending the byelaws on 03.04.2025 and the post of Dean and Director will be filled as per the amendment byelaws as soon as amendment is carried out to the byelaws and thereafter inviting applications from the eligible candidates after publication of Notification for appointment." - 6 - NC: 2025:KHC:12463 WP No. 24471 of 2024 Sri S.A. Ahmed, in continuation of the statement made in the affidavit, states that requisite decision on the amendment would be taken in the meeting scheduled to be held on 03.04.2025 and the applications would be called to appoint Dean and Director for the fourth respondent by the end of May 2025. 4. Sri Raghu Prasad B.S., the learned counsel for the petitioners, is heard in the light of these submissions, and though the learned counsel proposes to canvass that the fifth respondent's appointment is void ab initio, he cannot controvert that the decision on the appointment of Dean and Director will have to be taken by the Government Council on merit-cum-seniority under the relevant regulations including the amendments that could be. 5. This stand, in this Court's opinion, reduces the scope for this Court’s interference. This Court concludes that the petition must be disposed of - 7 - NC: 2025:KHC:12463 WP No. 24471 of 2024 directing the fourth respondent to finalize the amendments on the anvil expeditiously and directing the first and fourth respondents to ensure that the notice inviting application to fill up the posts of Dean and Director with the fourth respondent is published before 30.05.2025. The petition stands disposed of with the direction as aforesaid. If the fifth respondent's appointment is only as an additional charge on temporary arrangement, the decision to appoint Dean and Director to the fourth respondent on regular basis must be taken in an expedited manner and temporary arrangement cannot continue for any unreasonable period. Sd/- (B M SHYAM PRASAD) JUDGE SA List No.: 1 Sl No.: 21