- 1 - NC: 2025:KHC:4954 WP No. 26761 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 26761 OF 2024 (S-RES) BETWEEN: DR. GIRIDHAR KAMALAPURKAR AGED ABOUT 65 YEARS, S/O BHIMASEN KAMALAPURKAR, R/A LAA ROYAL APARTMENT, FLAT NO.304, 11TH CROSS, HAL 2ND STAGE, INDIRANAGAR BANGALORE - 560008. …PETITIONER (BY SRI. SURAJ NAIK, ADV.) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION, 6TH FLOOR, DATE NO.4, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560001 REP. BY ITS PRINCIPAL SECRETARY. 2. DIRECTOR OF MEDICAL EDUCATION BMC AND RI (OLD BUILDING) 1ST FLOOR, K.R.ROAD, BENGALURU - 560002. 3. SRI. JAYADEVA INSTITUTE OF CARDIOVASCULAR SCIENCES AND RESEARCH JAYANAGAR 9TH BLOCK, BANNERGHATTA ROAD Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4954 WP No. 26761 of 2024 BANGALORE - 560069 REP. BY ITS DIRECTOR (IN-CHARGE). …RESPONDENTS (BY SRI. REUBEN JACOB, AAG A/W SRI V. SHIVAREDDY, AGA FOR R1 & R2 SRI RAVIVARMA KUMAR, SR. COUNSEL FOR SMT. BELLE RAVIVARMA KUMAR, ADV. FOR R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF DECLARATION, DECLARING THE ACTION OF THE R1 PROVIDING FOR IN CHARGE ARRANGEMENT FOR AN INDETERMINATE PERIOD TO THE VACANT POST OF DIRECTOR OF THE R3 INSTITUTE AS PER THE NOTIFICATION DATED 31.01.2024 BEARING NO.MED 296 MSF 2023 VIDE ANNEXURE-B AS ARBITRARY AND WITHOUT AUTHORITY OF LAW AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Heard learned counsel Sri.Suraj Naik for petitioner, learned Additional Advocate General Sri.Reuben Jacob along with Sri.V.Shivareddy, learned Additional Government Advocate for respondent Nos.1 and 2 and learned senior counsel Sri.Ravivarma Kumar for Smt.Belle Ravivarma Kumar, learned counsel respondent No.3. Perused the writ petition papers. 2. Petitioner is before this Court praying for the following reliefs: - 3 - NC: 2025:KHC:4954 WP No. 26761 of 2024 “a) Issue an appropriate writ, order or direction in the nature of declaration, declaring the action of the respondent No.1 providing for in- charge arrangement for an indeterminate period to the vacant post of Director of the respondent No.3 – Institute as per the notification dated 31.01.2024 bearing No.MED 296 MSF 2023 vide Annexure-B as arbitrary and without authority of law. b) Issue an appropriate writ, order or direction in the nature of declaration, declaring the action of the respondents in not concluding the appointment process to the vacant post of Director of the respondent No.3 Institute, pursuant to the notification dated 12.01.2024 bearing No.ME/SRO(1)/E-1267317/2023-24 vide Annexure-A as arbitrary, illegal and unjustified. c) Issue a writ in the nature of Mandamus directing the respondents to conclude the process of appointment to the vacant post of Director of respondent No.3 institution in pursuance to the notification dated 12.01.2024 bearing No.ME/SRO(1)/E- 1267317/2023-24 vide Annexure-A in terms of the order of this Hon’ble Court dated 15.07.2024 passed in W.P.No.17126/2024 - 4 - NC: 2025:KHC:4954 WP No. 26761 of 2024 vide Annexure-D, by considering the representation of the petitioner vide Annexure-E dated 30.08.2024, within such time frame as this Hon’ble Court deems just and proper.” 3. The main grievance of the petitioner is without appointing regular Director to the third respondent- Institute, in-charge arrangement is being continued and the petitioner has sought for a direction to conclude the appointment process to the post of Director. The petitioner would not be entitled for a direction to conclude recruitment notified under the Notification dated 12.01.2024. It is for the authorities to either to proceed further with recruitment notification or to cancel or abandon the recruitment process, for the reasons to be recorded. 4. Today, on behalf of the first respondent, affidavit is filed and paragraphs 3 and 4 of the affidavit reads as follows: “3. I state that in the Emergency Governing Council meeting of the respondent No.3 – Institute held on 16.01.2025, a decision has been taken - 5 - NC: 2025:KHC:4954 WP No. 26761 of 2024 regarding amendment to the existing bye-law and existing cadre and recruitment rules and in terms of the said decision for the purpose of amendment of the bye-laws, as per Section 10 of the Karnataka Societies Registration Act, 1960, a special general meeting has to be convened with 21 days prior notice and the said proposed amendment has to be approved by resolution of the members of the respondent No.3 society and thereafter the said amendment will come into effect from the date of the resolution, on such amendment being registered under Section 10(2) of the Karnataka Societies Registration Act, 1960. After the amendment of the bye-law comes into effect, a fresh notification for recruitment to the post of Director of the respondent No.2 institute will be notified in terms of the decision of the Governing Council of the respondent No.3 – Institute in its Emergency meeting held on 16.01.2025. 4. I state that for completion of the entire process as stated above, a period of 3 months is required to complete all procedures in accordance with law.” 5. In the above affidavit, the State Government has stated that certain amendment to the Bye-Laws of the Institute would be necessary as suggested by the - 6 - NC: 2025:KHC:4954 WP No. 26761 of 2024 Governing Council and on amendment to the Bye-Law, fresh notification for recruitment for the post of Director would be issued. The State Government has sought three months time to complete all the process for appointment of Director to the third respondent-Institute. 6. The affidavit of the State Government is taken on record. The respondent Nos.1 to 3 are directed to complete the process of appointment of Director including any amendment to the Bye-Laws within a period of three months. 7. With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC CT:bms