- 1 - HC-KAR NC: 2025:KHC:48677-DB WP No. 35385 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 35385 OF 2025 (S-KSAT) BETWEEN: 1. DR. MANJUNATH S/O LATE K.C.RAMAIAH AGED ABOUT 52 YEARS WORKING AS SENIOR SPECIALIST (EYE) GENERAL HOSPITAL, TIPTURU TUMKURU DISTRICT-512201 R/AT 4TH CROSS, KENDAVARE ROAD GOKUL EXTENSION, TUMKURU-572104. 2. DR. G. B.CHANDAN S/O BASAVARAJAPPA G.N. AGED ABOUT 51 YEARS SENIOR SPECIALIST (ORTHOPEDICS) GENERAL HOSPITAL, PAVAGADA TUMKUR DISTRICT-561202 R/AT CHETANA NILAYA I MAIN SIDDAGANGA EXTENSION TUMAKURU-572102. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48677-DB WP No. 35385 of 2025 3. DR. RAMESH P.V S/O. VENKATESHAPPA, AGED ABOUT 51 YEARS, WORKING AS SENIOR SPECIALIST, (ORTHOPAEDICS), GENERAL HOSPITAL PAVAGADA, TUMKURU DISTRICT-562102 R/AT. CHETHANA NILAYA, 1ST MAIN, SIDDAGANGA EXTENSTION, TUMAKURU-572102. 4. DR. ASGHAR BAIG C.I D/O ILYAS AGED ABOUT 54 YEARS DISTRICT SURGEON DISTRICT HOSPITAL, TUMKUR R/AT 4TH CROSS, IDGAH MOHALLA TUMKUR. 5. DR. THIMMARAJU S/O GOVINDAPPA AGED ABOUT 41 YEARS SPECIALIST (PEDIATRICS) GENERAL HOSPITAL TIPUTURU, TUMAKURU DISTRICT. 6. DR. SURESHKUMAR G S/O GANGADHARAIAH R AGED ABOUT 42 YEARS SENIOR SPECIALIST (ORTHOPEDICS) DISTRICT HOSPITAL, TUMAKURU TUMAKURU DISTRICT-572101 R/AT SAI SRI NILAYA, RING ROAD MARALURU EXTENSION NEAR ASHWINI HOSPITAL TUMAKURU-512105. - 3 - HC-KAR NC: 2025:KHC:48677-DB WP No. 35385 of 2025 7. DR. YASHWANATH T.L S/O T.K. LAKSHMINARSIMAIAH AGED ABOUT 45 YEARS SENIOR SPECIALIST (PULMONOLOGIST) DISTRICT HOSIPTAL, TUMAKURU TUMAKURU DISTRICT -572101 R/AT NRUKSARI NILAYA, TPK 11 CROSS SAPTAGIRI EXTENSION TUMAKURU-512105. 8. DR. D.M. GOWDA S/O K.P.PUTTAPPA AGED ABOUT 45 YEARS SENIOR SPECIALIST (GYNAECOLOGIST) 100 BEDED MOTHER AND CHILD HOSPITAL SIRA, TUMAKURU DISTRICT-572137. 9. DR. RANGANATH M.V. S/O M.C.VENKATARANGAIAH AGED ABOUT 50 YEARS SENIOR SPECIALIST (GENERAL SURGERY) DISTRICT HOSPITAL, TUMAKURU-572101 4TH CROSS R/AT SHARADA NILAYA, SHARADADEVINAGARA TUMAKURU-572103. 10. DR.SNEHASHREE S W/O SRIDHAR D.K AGED ABOUT 41 YEARS SPECIALIST (ANESTHESIOLOGIST) 100 BEDED MOTHER AND CHILD HOSPITAL, SIRA, - 4 - HC-KAR NC: 2025:KHC:48677-DB WP No. 35385 of 2025 TUMAKURU DISTRICT-572137 R/AT SRI SAI RANGA, 1ST MAIN 6TH A CROSS, BEHIND SLN CHOULTRY HANUMANTHAPURA, KUVEMPUNAGARA TUMAKURU-572103. 11. DR. DHANYA KUMAR H S/O T.V.HANUMANTHAPPA AGED ABOUT 51 YEARS GENERAL SURGEON SIRA GOVERNMENT HOSPITAL R/AT 484, III MAIN, N BLOCK SRINAGAR, BENGALURU-560050. 12. DR. DEEPTI K.M W/O. DR. DHANYAKUMAR H SENIOR MEDICAL OFFICER GENERAL HOSPITAL, BENGALURU RURAL R/AT NO.484, III MAIN, NAGENDRA BLOCK, SRINAGAR BENGALURU-560050. …PETITIONERS (BY SRI. VIJAYA KUMAR V B.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE SERVICES - 5 - HC-KAR NC: 2025:KHC:48677-DB WP No. 35385 of 2025 DEPARTMENT, VIKASA SOUDHA BENGALURU-560001. 2. THE COMMISSIONER HEALTH AND FAMILY WELFARE SERVICES AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023. …RESPONDENTS (BY SRI.VIKAS ROJIPURA., AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUITON OF INDIA PRAYING TO i) SET ASIDE THE ORDER DATED 17/11/2025 AT THE TRIBUNAL PASSED IN APPLICATION NOS. 4701-4712/2025 (VIDE ANNEXURE-A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF - 6 - HC-KAR NC: 2025:KHC:48677-DB WP No. 35385 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The petitioners have filed their applications in Nos.4701-4712/2021 with the Karnataka State Administrative Tribunal, Bengaluru [for short, 'the Tribunal'] calling in question the order of the State Government Order dated 30.09.2025. The State Government, by this impugned order, has issued directions to fill up administrative posts with the Department of Health and Family Welfare Services. The Tribunal, by the impugned order, has observed that the authorities must be notified and heard before the petitioners' request for an interim order is considered. 2. The petitioners, as Senior Medical Officers, form one set, with all of them being directly recruited. The other set would be those Senior Medical Officers who were on contractual services - 7 - HC-KAR NC: 2025:KHC:48677-DB WP No. 35385 of 2025 and later absorbed. In the Senior Gradation List 2024, the petitioners are placed above those who are absorbed while being on contractual service. However, the Government in its order dated 30.09.2025, while providing for selection to the posts of Medical Officers [administrative posts] on seniority- cum-merit, has stipulated that the service rendered on contract will be considered for calculating the total service period provided the probation period is successfully declared. The Government has clarified that the seniority so determined shall have no bearing on the eligibility of the officers for promotion to various ranks under the Department's C & R Rules. 3. Sri Vijaya Kumar, the learned counsel for the petitioners, submits that the list to fill up administrative posts with the Department of Health and Family Welfare Services is prepared in the ratio of 1:3 and some petitioners, who are seniors in the - 8 - HC-KAR NC: 2025:KHC:48677-DB WP No. 35385 of 2025 Senior Gradation List 2024, are excluded only because those who are juniors to them are given the advantage of the service rendered on contract under the Government order dated 30.09.2025. The learned counsel emphasizes that some of those who are identified for counselling will not be eligible for consideration over the petitioners without the advantage of the service on the contract period. On the status of the progress after the Government Order dated 30.09.2025, Sri Vijaya Kumar submits that his definite instructions are that on 19.11.2025, counselling was held only for some of the administrative posts and the counselling is otherwise adjourned and is yet to be rescheduled. 4. Sri Vikas Rojipura, a learned Additional Government Advocate who accepts notice for the respondents, submits that a separate list is prepared based on the Government order dated 30.09.2025 and the merits of this decision must be examined in - 9 - HC-KAR NC: 2025:KHC:48677-DB WP No. 35385 of 2025 the light of the propositions such as that the period under contract should be excluded is not an inviolable rule and that the petitioners cannot have a grievance because their seniority for being eligible to the post in terms of the Department's C & R Rules are not affected. The learned Additional Government Advocate also submits that the Government, given the importance of experience in administration, has factored in the stipulation that is now impugned. 5. This Court must record that both Sri.Vijaya Kumar and Sri Vikas Rojipura propose to elaborate on their respective cases, but at this stage, this Court opines that the Tribunal is yet to consider the relative merits and assess whether there is a prima facie case and whether it would be in the interest of justice to grant any protection as the petitioners seek. The Tribunal must first examine the aspects canvassed before this Court can express its opinion. Therefore, the petition must be disposed of - 10 - HC-KAR NC: 2025:KHC:48677-DB WP No. 35385 of 2025 requesting the Tribunal to consider the petitioners' request for an interim order at the earliest. 6. The next question is whether there should be any precipitation even before such expeditious consideration is made by the Tribunal. This Court is of the view that with the petitioners being in time in their challenge to the Government order dated 30.09.2025 and the counselling process yet to be completed, the State Government must maintain status quo lest there is precipitation even before a decision on the prima facie scale is taken. As such, the following: ORDER [a] The petition stands disposed of requesting the Tribunal to consider the petitioners' request for interim order at the earliest, and calling upon the respondents to complete their pleadings with the Tribunal and to ensure that status quo is - 11 - HC-KAR NC: 2025:KHC:48677-DB WP No. 35385 of 2025 maintained until the Tribunal decides on the petitioners' request for an interim order. [b] It would be needless to observe that this Court has not rendered any opinion on the merits of the rival contentions and that the Tribunal should consider the request unimpeded by the arrangement that is provided for. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (T.M.NADAF) JUDGE AN/- - 12 - HC-KAR NC: 2025:KHC:48677-DB WP No. 35385 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [DR. MANJUNATH AND OTHERS VS. THE STATE OF KARNATAKA AND ANOTHER] 16.12.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER ON 'FOR BEING SPOKEN TO' (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) This Court has disposed of this petition on 25.11.2025 requesting the Tribunal to consider the petitioners' request for an interim order at the earliest, and calling upon the respondents to complete their pleadings with the Tribunal and to ensure that status quo is maintained until the Tribunal decides on the petitioners' request for an interim order. It is undisputed that the Tribunal is hearing the petitioners' request for interim order, and the Tribunal has listed the application on 12.01.2026. - 13 - HC-KAR NC: 2025:KHC:48677-DB WP No. 35385 of 2025 Sri Vijaya Kumar, the learned counsel for the petitioners, has filed a memo for 'being spoken to' asserting that despite this Court's order as aforesaid, the respondents have published the Official Memorandum dated 12.12.2025 based on the counselling held for posting in terms of the impugned Government Order dated 30.09.2025. This Court's order was not released as of yesterday and it is now stated that the respondents were not in receipt of the communication of this Court until 09.12.2025. Sri Vijaya Kumar points out that the Official Memorandum is indeed dated 12.12.2025 and it will be after the receipt of the communication from the Advocate General's office. However, Sri Vikas Rojipura, the learned Additional Government Advocate, on instructions from Sri S M Srinivasa, the Chief Administrative Officer who is present in the Court, submits that his instructions are that in due deference, the Official - 14 - HC-KAR NC: 2025:KHC:48677-DB WP No. 35385 of 2025 Memorandum dated 12.12.2025 will not be operated until the Tribunal decides on the petitioners' request in terms of this Court's order. This Court, notwithstanding the controversy on whether the respondents have proceeded to issue Official Memorandum dated 12.12.2025 despite receipt of the information of this Court's order, is inclined to take on record the submission that the Official Memorandum dated 12.12.2025 will not be given effect to until the Tribunal's decision on the petitioners' request for an interim order as that should sub serve the larger purpose. It is ordered accordingly requesting the Tribunal to decide on the petitioners' request on 12.01.2026 or on such other date subject to its board before 31.01.2026. SD/- (B M SHYAM PRASAD) JUDGE SD/- (T.M.NADAF) JUDGE AN/-; List No.: 2 Sl No.: 7