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2025 DAILYLAW 36785 (KAR)

DR SREEDHARA C G v. THE STATE OF KARNATAKA

WP/34769/2024 · 2025-01-16

S G Pandit

body2025

Judgment text

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- 1 - NC: 2025:KHC:1652 WP No. 34769 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 34769 OF 2024 (S-RES) BETWEEN: 1. DR. SREEDHARA C G S/O GURUSIDDAIAH C.K., AGED ABOUT 54 YEARS, PROFESSOR AND HOD, DEPT. OF NEPHROLOGY INSTITUTE OF NEPHRO-UROLOGY, VICTORIA HOSPITAL CAMPUS, BENGALURU- 560 002 E-MAIL: DRSREEDHAR@GMAIL.COM 2. DR.KISHAN. A S/O GURURAJ.A AGED ABOUT 43 YEARS, PROFESSOR, DEPT. OF NEPHROLOGY, INSTITUTE OF NEPHRO-UROLOGY, VICTORIA HOSPITAL CAMPUS, BENGALURU- 560 002 E-MAIL: DRKISHAN81@GMAIL.COM …PETITIONERS (BY SRI. M.VEERABHADRAIAH, ADV.) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, AMBEDKAR VEEDI, BENGALURU-560 001. 2. THE PRINCIPAL SECRETARY, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1652 WP No. 34769 of 2024 GOVERNMENT OF KARNATAKA, MEDICAL EDUCATION DEPARTMENT, M.S. BUILDING, BENGALURU-560 001. 3. THE UNDER SECRETARY TO GOVT. -1, GOVERNMENT OF KARNATAKA, MEDICAL EDUCATION DEPARTMENT. …RESPONDENTS (BY SRI.V.G. BHANUPRAKASH, AAG & SRI V SHIVAREDDY, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT TO QUASH THE NOTIFICATION DATED 20-11-2024 VIDE NO. DME/SRO(1)/01/2024- 25 AND CORRIGENDUM NOTIFICATIONS DATED 21-11-2024 AND 29- 11-2024 VIDE NO.DME/SRO(1)/01/2024-25 ISSUED BY THE 4TH RESPONDENT DIRECTOR OF MEDICAL EDUCATION DEPARTMENT, GOVT. OF KARNATAKA AS FAR AS IN RELATED TO PART OF CONDITION NO.1 MORE PARTICULARLY THE WORDS “...OR ON CONTRACT BASIS” AND THE CONDITION NO.4 AS FAR AS IN RELATED TO AGE OF SUPERANNUATION OF THE DIRECTOR SHALL BE 70 YEARS AS PER ANNEXURE T, T-2, T-3 AND T-4 RESPECTIVELY. CONSEQUENTLY, DECLARE THAT THE PART OF CONDITION NO. 1 AND 4 IS INSERTED TO THE NOTIFICATION DATED 20- 11-2024 VIDE NO. DME/SRO(1)/01/2024-25 AND CORRIGENDUM NOTIFICATIONS DATED 21-11-2024 AND 29-11-2024 VIDE NO. DME/SRO(1)/01/2024-25 ISSUED BY THE 4TH RESPONDENT DIRECTOR OF MEDICAL EDUCATION DEPARTMENT, GOVT OF KARNATAKA AS PER ANNEXURE- T, T-2, T-3 AND T-4 RESPECTIVELY ARE ILLEGAL, VOID AND SAME MAY BE STRUCK DOWN AS IT IS STILL BORN AND PREMATURE AND ETC. - 3 - NC: 2025:KHC:1652 WP No. 34769 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER Learned counsel Sri.M.Veerabhadraiah for petitioner after arguing the matter for some time submits that, he would not press the prayers sought in the writ petition and he makes a prayer for a direction to respondent Nos.1 to 4 to consider the representation as at Annexure-U1 dated 06.12.2024. 2. Learned Additional Advocate General Sri.Bhanuprakash along with Sri.V.Shivareddy, learned Additional Government Advocate for respondents would submit that the said representation would be considered in accordance with law, within 45 days from the date of receipt of copy of this order. 3. Submission of the learned counsel appearing for the parties appears to be reasonable. - 4 - NC: 2025:KHC:1652 WP No. 34769 of 2024 4. In the above circumstances, the following: ORDER a) Respondent Nos.1 to 4 are directed to consider the representation as at Annexure-U1 dated 06.12.2024 and pass appropriate order in accordance with law, within a period of 45 days from the date of receipt of copy of this order. b) With the above, writ petition stands disposed of. c) All contentions of the parties are left open. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 28