SRI. VEERESHKUMAR MALLAPPA TOPALAKATTI S/O MALLAPPA TOPALAKATTI v. THE GOVERNMENT OF KARNATAKA
WP/100238/2023 · 2025-11-24
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49902 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49902 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16216 WP No. 100728 of 2023 C/W WP No. 100238 of 2023
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100728 OF 2023 (S-RES) C/W WRIT PETITION NO. 100238 OF 2023
IN WP NO.100728/2023: BETWEEN:
LAXMI D/O. MALLESHAPPA BDIGER, AGE. 33 YEARS, OCC. SERVICE, R/O AT POST GADAG TAL DIST. DHARWAD-580001. &PETITIONER (BY SRI. SRINAND A PACHHAPURE, AND SRI. RAJENDRA R. PATIL, ADVOCATES)
AND:
1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKAS SOUDHA, BENGALURU-560001
2. THE MISSION DIRECTOR NATIONAL HEALTH MISSION, <AROGYA SOUDHA, LEPROSY HOSPITAL CAMPUS MAGADI ROAD, BENGALURU-560023. 3. THE CHIEF ADMINISTER OFFICER, NATIONAL HEALTH MISSION, <AROGYA SOUDHA, LEPROSY HOSPITAL CAMPUS, MAGADI ROAD, BENGALORE-560023. 4. THE DISTRICT SURVEILLANCE OFFICER DHARWAD, DIST. DHARWAD-580001. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:16216 WP No. 100728 of 2023 C/W WP No. 100238 of 2023
5. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, DHARWAD, AND THE CHAIRMAN FOR DISTRICT LEVEL SELECTION COMMITTEE FOR COMMUNITY HEALTH OFFICER DHARWAD-580001. 6. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER AND THE MEMBER SECRETARY FOR THE DISTRICT LEVEL SELECTION COMMITTEE FOR COMMUNITY HEALTH OFFICER, DHARWAD-580001. 7. SANJEEVANI D/O. SHASHIKANTH KALLIGUDDA AGE. 26 YEARS, OCC. NURSING TUTOR, R/O. WARD NO. 35, HUDCO COLONY, BETAGERI VILLAGE, TAL AND DIST. GADAG-582103. &RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R4 AND R6;
SRI. M.B. HIREMATH AND SMT. GAYATRI S.R., ADV.S FOR R7;
SRI. RAJENDRA SWAMI HOSAMATH, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:
I) WRIT OF CERTIORARI QUASHING THE PROCEEDINGS OF THE RESPONDENTS DATED 30/01/2023 MARKED AT ANNEXURE-F IN SO FAR AS RESPONDENT NO.7 IS CONCERNED. II) WRIT OF CERTIORARI QUASHING THE REVISED WAITING LISTS DATED 30/01/2023 ISSUED BY RESPONDENT MARKED AT ANNEXURE-F1 AND F2 RESPECTIVELY IN SO FAR AS RESPONDENT NO.7 IS CONCERNED. IN WP NO.100238/2023:
BETWEEN:
SRI. VEERESHKUMAR MALLAPPA TOPALAKATTI S/O. MALLAPPA TOPALAKATTI, AGE. 37 YEARS, OCC. LECTURER,
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HC-KAR NC: 2025:KHC-D:16216 WP No. 100728 of 2023 C/W WP No. 100238 of 2023
R/O. #21, VEERABHADRESHWARA COLONY, UNKAL, TQ. HUBLI, DIST. DHARWD 580031. &PETITIONER (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE)
AND:
1.
THE GOVERNMENT OF KARNATAKA R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKAS SOUDHA, BENGALURU 56001. 2. THE MISSION DIRECTOR NATIONAL HEALTH MISSION, <AROGYA SOUDHA, LEPROSY HOSPITAL CAMPUS, MAGADI ROAD, BENGALURU-560023. 3. THE CHIEF ADMINISTER OFFICER, NATIONAL HEALTH MISSION, <AROGYA SOUDHA, LEPROSY HOSPITAL CAMPUS, MAGADI ROAD, BENGALURU-560023
4. THE DISTRICT SURVEILLANCE OFFICER DHARWAD DISTRICT, DHARWAD 580001. 5. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, DHARWAD, AND THE CHAIRMAN FOR DISTRICT LEVEL SELECTION COMMITTEE FOR COMMUNITY HEALTH OFFICER, DHARWAD-580001. 6. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER AND THE MEMBER SECRETARY FOR THE DISTRICT LEVEL SELECTION COMMITTEE FOR COMMUNITY HEALTH OFFICER, DHARWAD 580001. 7. SRI. MOFIZAKHATAR RAFIQAHMEDE PEERWALE, S/O. RAFIQAHMED PEERWALE, AGE: 25 YEARS, OCC: MARCOPOLO EMPLOYEE, R/O. SATTUR, DHARWAD TALUK,
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HC-KAR NC: 2025:KHC-D:16216 WP No. 100728 of 2023 C/W WP No. 100238 of 2023
DIST: DHARWAD-580031. 8. SMT. SANJEEVINI KALLIGUDDA D/O. SHASHIKANTH, AGE: 26 YEARS, OCC: NURSING TUTOR, R/O. WARD NO.35, HUDKO COLONY, BETAGERI VILLAGE, TALUK: GADAG, DIST GADAG-582103. &RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R4 AND R6;
SRI. M.B. HIREMATH AND SMT. GAYATRI S.R., ADV.S FOR PROPOSED R8;
SRI. RAJENDRA SWAMI HOSAMATH, ADVOCATE FOR R5;
PROPOSED R7 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO:
I) WRIT OF CERTIORARI QUASHING THE ENDORSEMENT BEARING NUMBER KRASAN/JI.AA.KU. KA.DHA/CHO OBJ/389/2021-22 DATED 05/01/2023 PASSED BY RESPONDENT NO.6 MARKED AT ANNEXURE-J.
II) WRIT OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITY TO RECONSIDER THE REPRESENTATION/ OBJECTION DATED 30/12/2022 MARKED AT ANNEXURE-G AND G1. III) WRIT OF MANDAMUS DIRECTING RESPONDENT AUTHORITY TO IMPLEMENT SELECTION GUIDELINES MARKED AT ANNEXURE-K IN ITS TRUE SPIRIT SO AS TO COMPLY ALL THE CLAUSES IN THE PROCESS OF SELECTION. III A) ISSUE A WRIT OF CERTIORARI QUASHING THE REVISED WAITING LIST DATED 30.01.2023, MARKED AT ANNEXURE- L, L1 AND L2.
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:16216 WP No. 100728 of 2023 C/W WP No. 100238 of 2023
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
The petitioners are before this Court seeking the following prayer:
<W.P. No.100728/2023:
I) Writ of Certiorari quashing the proceedings of the respondents dated 30/01/2023 marked at Annexure-F in so far as Respondent No.7 is concerned. II) Writ of certiorari quashing the revised waiting lists dated 30/01/2023 issued by respondent marked at Annexure-F1 and F2 respectively in so far as Respondent No.7 is concerned. III) And any other relief which deems fit in the interest of justice. W.P. No.100238/2023:
I) Writ of Certiorari quashing the endorsement bearing number krasan/ji.aa.ku.ka.dha/CHO obj/389/2021-22 dated 05/01/2023 passed by Respondent No.6 marked at Annexure-J.
II) Writ of Mandamus directing the respondent authority to reconsider the representation/ objection dated 30/12/2022 marked at Annexure-G and G1. III) Writ of Mandamus directing respondent authority to implement selection guidelines marked at Annexure-K in its true spirit so as to comply all the clauses in the process of selection. III A) Issue a writ of certiorari quashing the revised waiting list dated 30.01.2023, marked at Annexure- L, L1 AND L2. - 6 -
HC-KAR NC: 2025:KHC-D:16216 WP No. 100728 of 2023 C/W WP No. 100238 of 2023
IV) And any other relief which deems fit in the interest of justice.=
2. The learned counsel Ms. Gayatri S.R. appearing for the respondent submits that the appointment of these petitioners for a period of two years, the said period is long over and therefore, the petitions would not survive. 3.
Learned counsel for the petitioners would not dispute the position that the appointment was for a period of two years.
4. Therefore, the petitions are disposed reserving liberty to revive the subject petitions if the rights of these petitioners still survive.
5. With the aforesaid observations, the petitions stand
disposed.
Rsh / CT:ANB List No.: 1 Sl No.: 170
Sd/- (M.NAGAPRASANNA) JUDGE