- 1 - NC: 2025:KHC:18092 WP No. 32103 of 2024 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. 32103 OF 2024 (S-RES) BETWEEN: 1. DR PUSHPA G.V. W/O PRAKASHA .G. AGED ABOUT-50 YEARS, WORKING AS RBSK MEDICAL OFFICER, AT TALUK HEALTH OFFICE, DEVANAHALLI, BENGALURU RURAL DISTRICT-562110 R/A HOUSE NO.255/5, 14TH B CROSS, M.S.BUILDING, YELAHANKA NEW TOWN, BENGALURU-560064 2. DR. PURNIMA W/O NAGABHUSHAN H. AGED ABOUT-48 YEARS, WORKING AS RBSK MEDICAL OFFICER, AT TALUK HEALTH OFFICE, NELAMANGALAI, BENGALURU RURAL DISTRICT-562123 R/A NO 650, JAKKASANDRA ROAD, NEAR-GOVT PU COLLEGE, KSRTC COLONY, NELAMANAGALA, BENGALURU- RURAL DISTRICT-562123 3. DR. TAZEENFATHIMA. M.ILKAL W/O MOHAMMED MUSTAFA BIRADHAR AGED ABOUT 38 YEARS, WORKING AS RBSK MEDICAL OFFICER, AT TALUK HEALTH OFFICE, DEVANAHALLI, BENGALURU RURAL DISTRICT-562110. Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18092 WP No. 32103 of 2024 RESIDING AT NO.561, NASRIN MANSION, 1ST FLOOR, AMS EXTENSION LAYOUT, VIDYARANYAPUR BENGALURU- 560097 4. SMT. PAVITHRA.G W/O MANJUNATH S, AGED ABOUT 30 YEARS, WORKING AS STAFF NURSE, AT TALUK HEALTH OFFICE, NELAMANGALA R/A NO.10, 4TH CROSS, VIVEK ENCLAVE, KUDEREGERI COLONY ALUR POST, DASANAPUR- HOBLI, BENGALURU-NORTH,-562162 …PETITIONERS (BY SRI. R HEMANTH RAJ.,ADVOCATE) 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, BENGALURU RURAL DISTRICT, NO.207, DISTRICT BHAVANA, BEERASANDRA, DEVANAHALLI-562110 BENGALURU RURAL DISTRICT 3. THE DISTRICT HEALTH SOCIETY, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, BENGALURU RURAL DISTRICT, DISTRICT BHAVANA, BEERASANDRA - 3 - NC: 2025:KHC:18092 WP No. 32103 of 2024 DEVANAHALLI-562110 BENGALURU RURAL DISTRICT 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 S. HIREMATH, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR BEARING NO. NHM/RBSK/04/2024-25(E-1433000) DTD 11.09.2024 AS PER ANNX-G ISSUED BY THE R-6 AND THE IMPUGNED NOTICE BEARING NO. NHM/RCH/BR/RD-61/2024- 25 DTD 28.10.2024 AND IMPUGNED NOTICE -2 BEARING NO. NHM/RCH/BR/RD-63/2024-25 DTD 21.11.2024 IN SO FAR AS PETITIONER NO. 1 AND 3 IS CONCERNED AS PER ANNX-K, K1 AND THE IMPUGNED NOTICE BEARING NO. NHM/RCH/BR/RD- 60/2024-25 DTD 28.10.2024 AND IMPUGNED NOTICE-2 BEARING NO. NHM/RCH/BR/RD-62/2024-25 DTD 21.11.2024 IN SO FAR AS PETITIONER NO.2 AND 4 IS CONCERNED AS PER ANNX-L, L1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ - 4 - NC: 2025:KHC:18092 WP No. 32103 of 2024 ORAL ORDER The petitioners have challenged an order bearing No.NHM/RBSK/04/2024-25(E-1433000) dated 11.09.2024 issued by the respondent No.6 and the notice bearing No.NHM/RCH/BR/RD-61/2024-25, dated 28.10.2024, notice-2 bearing No.NHM/RCH/BR/RD-63/2024-25, dated 21.11.2024, notice No.NHM/RCH/BR/RD-60/2024-25, dated 28.10.2024 and notice-2 bearing No.NHM/RCH/BR/RD-62/2024-25, dated 21.11.2024, by which, the services of the petitioners were discontinued. 2. The petitioners contend that they were appointed as BAMS Doctors under the Rashtriya Bal Swasthya Karyakram (henceforth referred to as 'RBSK' for short) floated by the National Rural Health Mission. The purpose of the scheme was to screen children below the age of eighteen for early detection, treatment and management of diseases through dedicated mobile health teams in every district. The petitioners were appointed on contract basis in the year 2014 and have continued from then on. However, out of 430 mobile health teams that were working in the State, 24 mobile health teams were withdrawn from the districts, where they were in excess - 5 - NC: 2025:KHC:18092 WP No. 32103 of 2024 and redistributed to districts where there was shortage of teams. The petitioners contend that the respondent No.4 had issued guidelines to identify the teams which did not perform well and to discontinue their services after giving them 30 days' notice. The petitioners contend that the respondents had reviewed their performance and had arbitrarily discontinued them. The petitioners are therefore before this Court challenging an order terminating their services. 3. Learned counsel for the petitioners contended that the performance of the petitioners was not reviewed by taking into consideration the achieved targets and that whatever was considered was not based on the data available on Swasthya Kirana app. 4. Learned Additional Government Advocate after securing instructions submitted that the respondents have undertaken a fresh exercise to review the performance of all the employees' health teams in the State of Karnataka. He submits that the case of the petitioners will also be re- examined by considering the reports uploaded on Swasthya Kirana app and appropriate orders would be passed. He adds - 6 - NC: 2025:KHC:18092 WP No. 32103 of 2024 that such exercise will be done within a period of four weeks from the date of receipt of a copy of this order. 5. In view of the aforesaid submission, this petition is allowed. The impugned orders of termination and the consequent orders/notices issued are quashed. It is open for the respondents to review the performance of the petitioners and pass appropriate orders in accordance with law within a period of one month from the date of receipt of a copy of this order. It is made clear that this court has not expressed any opinion on the merits of the case and the respondents may take a decision independently. It is needless to mention that any salary unpaid till the date of the termination of the petitioners shall be paid to them within a period of one month from the date of receipt of a copy of this order. 6. All issues are kept open. 7. 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 BKN/List No.: 1 Sl No.: 10