- 1 - NC: 2025:KHC-D:2909 WP No. 148271 of 2020 C/W WP No. 148116 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 148271 OF 2020 (S-RES) C/W WRIT PETITION NO. 148116 OF 2020 IN W.P.NO. 148271/2020 BETWEEN: DR. SRIVINAYAKUMAR J. S/O. NAGABHUSHAN J., AGE: 31 YEARS, OCC: DOCTOR, R/O: MAIN ROAD, WARD NO 3, KANAKAGIRI, TQ: GANGAVATHI, DIST: KOPPAL- 583283. …PETITIONER (BY SRI. H. N. GULARADDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP BY ITS SECRETARY, FAMILY HEALTH AND WELFARE DEPARTMENT, VIKAS SOUDHA, BENGALURU -01. 2. THE MEMBER SECRETARY, SPECIAL APPOINTMENT COMMITTEE AND CHIEF ADMINISTRATIVE FAMILY HEALTH AND WELFARE SERVICE, ANANDRAO CIRCLE, BENGALURU -09 …RESPONDENTS (BY SMT. KIRTHILATA R. PATIL, HCGP FOR R1 & R2) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2909 WP No. 148271 of 2020 C/W WP No. 148116 of 2020 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA IS PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT AND QUASH THE NOTIFICATION DATED 10.09.2020 BEARING ITS NO. SRC/68/2019-20 ISSUED BY THE RESPONDENT NO.2 PRODUCED AT ANNEXURE-E IN SO FAR AS IT RELATES TO EXTENDING THE BENEFIT OF GRACE MARKS TO THE PETITIONER IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT AND DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS PRODUCED AT ANNEXURE-F AND G DATED 12.10.2020. IN W.P.NO. 148116/2020 BETWEEN: DR. SHIVALI D/O. NAGARAJ NAYAK, AGE: 24 YEARS, OCC: DENTIST R/O: R. NO. 13D, 0010, "SHRI SHIVAPPA", H. NO. 35, AT: POST: ADIGON, TQ: ANKOLA, DIST: UTTARA KANNADA -580121. …PETITIONER (BY SRI PRASHANT S. HOSAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS CHIEF SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT (SERVICES), 1ST FLOOR, VIKAS SOUDHA, BENAGALURU -560 001. 2. UNDER SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT (SERVICES), 1ST FLOOR, VIKAS SOUDHA, BENGALURU -560 001. - 3 - NC: 2025:KHC-D:2909 WP No. 148271 of 2020 C/W WP No. 148116 of 2020 3. MEMBER SECRETARY, SPECIAL APPOINTMENT COMMITTEE AND CHIEF ADMINISTRATOR, HEALTH AND FAMILY WELFARE DEPARTMENT (SERVICES) 1ST FLOOR, VIKAS SOUDHA, BENGALURU -560 001. …RESPONDENTS (BY SMT. KIRTHILATA R. PATIL, HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE KARNATAKA DIRECTORATE HEALTH AND FAMILY WELFARE SERVICES (RECRUITMENT OF SENIOR MEDICAL OFFICERS/SPECIALISTS, GENERAL DUTY MEDICAL OFFICERS AND DENTAL HEALTH OFFICERS (SPECIAL) (AMENDMENT) RULES 2020 BROUGHT BY THE NOTIFICATION DATED 25.08.2020 BEARING NO.HFW 71 HSH 2019 ISSUED BY RESPONDENT NO.2 THE ORDER AND IN THE NAME OF GOVERNOR OF KARNATAKA PRODUCED AT ANNEXURE-F AS ULTRAL VIRES THE CONSTITUTION OF INDIA. ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH RULE 6(2) OF THE KARNATAKA DIRECTORATE HEALTH AND FAMILY WELFARE SERVICES (RECRUITMENT OF SENIR MEDICAL OFFICERS/SPECIALISTS, GENERAL DUTY MEDICAL OFFICERS AND DENTAL HEALTH OFFICERS (SPECIAL) RULES 2020 BROUGHT BY THE NOTIFICATION DATED 16.06.2020 BEARING NO.HFW 71 HSH 2019 ISSUED BY RESPONDENT NO.2 THE ORDER AND IN THE NAME OF GOVERNOR OF KARNATAKA PRODUCED AT ANNEXURE-D AS ULTRA VIRES THE CONSTITUTION OF INDIA. ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE MINIMUM AGE LIMIT AND WEIGHTAGE IN MARKS PRESCRIBED BY THE NOTIFICATION DATED 10.09.2020 BEARING NO.SRC/68/2019-20 ISSUED BY THE 3RD RESPONDENT WHICH IS PRODUCED AT ANNEXURE-G IN RESPECT OF THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY AND GRANT SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. - 4 - NC: 2025:KHC-D:2909 WP No. 148271 of 2020 C/W WP No. 148116 of 2020 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) In W.P.No.148271/2020 Petitioner has filed a memo seeking to withdraw the petition. In terms of the memo, the petition is disposed as withdrawn. In W.P.No.148116/2020 In the light of the withdrawal of the petition in W.P.No.148271/2020, the subject petition is rendered infructuous. Therefore, the petition is disposed as having become infructuous. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 1 Sl No.: 23