- 1 - HC-KAR NC: 2025:KHC-D:7349-DB WP No. 102913 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WRIT PETITION NO.102913 OF 2025 (S-KAT) BETWEEN: DR. S.M. KAGGALAGOWDAR, AGE: 55 YEARS, WORKING PRINCIPAL, DISTRICT TRAINING CENTER, KIMS CAMPUS, HUBBALLI. - PETITIONER (BY SRI. SUNIL S. DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE SERVICES DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001. 2. THE COMMISSIONER FOR HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023. 3. THE DIRECTOR, HEALTH & FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023. 4. DR. GIRIJATAI G.H. W/O DR. R.S. HITTALMANI AGE. 58 YEARS, WORKING AS SENIOR SPECIALIST DISTRICT HOSPITAL, DHARWAD, R/AT. PLOT NO.49, 2ND CROSS, HUKKERIKARNAGAR, Y.S. COLONY, DHARWAD-580001. - RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3; SRI. SAMPATH KUMAR R. NEMAGOUDA, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 26.03.2025 PASSED BY KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELAGAVI IN APPLICATION NO.12253/2024 VIDE ANNEXURE-D & ETC. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.06 12:37:16 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7349-DB WP No. 102913 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) The petitioner herein who was respondent No.4 before the Karnataka State Administrative Tribunal, Belagavi (for short, ‘the Tribunal’) in Application No. 12253/2025 is aggrieved by the impugned order 26.03.2024. 2. By virtue of the transfer order dated 03.09.2024 at Annexure-A8 the petitioner herein was posted as Principal of the District Training Institute at KIMS Campus, Hubballi. The respondent No.4 herein filed the application before the Tribunal seeking to quash the said transfer order dated 03.09.2024 insofar as the petitioner herein is concerned while also seeking a direction to the respondent State Government to consider the claim of the 4th respondent - 3 - HC-KAR NC: 2025:KHC-D:7349-DB WP No. 102913 of 2025 herein for appointment to the post of Principal, District Training Centre in terms of the Government order bearing No. AaKuKa 82 MSS 211 Bengaluru dated 02.06.2011. 3. Learned counsel for the petitioner submits that the application itself was not maintainable in view of the fact that the fourth respondent was not holding the post and by virtue of transfer order the fourth respondent was not disturbed. However despite the said objection raised, the Tribunal has considered the case from the view of Circular dated 02.06.2011 which admittedly pertains to the said post where it provides for a person to be eligible to be appointed as the Principal should have rendered more than 20 years of service on regular basis and should also have rendered three years service in Rural Primary Health Centres. 4. The Tribunal has come to the conclusion that the petitioner herein failed to produce the time bound promotion sanctioned to him by the Government. Hence - 4 - HC-KAR NC: 2025:KHC-D:7349-DB WP No. 102913 of 2025 on that ground the application was allowed while directing the State Government to consider the claim of the fourth respondent herein for appointment to the post of Principal, District Training Centre, Hubballi, if she is otherwise eligible. 5. Learned counsel would further draw the attention of this Court to the Circular dated 02.06.2011 and submits that the post of Principal of a District Training Institute is required to be filled by calling for applications. In that regard, the learned counsel would submit that such a direction could not have been issued by the Tribunal to the State Government to consider appointment of the fourth respondent herein without calling for applications. 6. Learned counsel for the fourth respondent would fairly concede that it was never intention of the fourth respondent being an applicant before the Tribunal to seek such a direction from the Tribunal to appoint the fourth respondent herein to the said post. - 5 - HC-KAR NC: 2025:KHC-D:7349-DB WP No. 102913 of 2025 7. Having regard to the narrow compass in which the present petition lies, it is clear that both the learned counsels for the petitioner as well as the fourth respondent admit the fact that the requirement in terms of the Circular dated 02.06.2011 is that application should be called for before filling up the post of Principal, District Training Institute. 8. In fact the learned counsel for the petitioner contends that all the posts under Circular dated 02.06.2011 are required to be filled up only by calling for application. 9. In that view of the matter, while modifying the impugned order passed by the Tribunal in Application No. 12253/2024 to the extent that the direction issued to the State Government to consider the case of the fourth respondent to the post of Principal, District Training Institute, Hubballi, it is directed that the respondent-State Government shall call for application for filling up the post - 6 - HC-KAR NC: 2025:KHC-D:7349-DB WP No. 102913 of 2025 of Principal, District Training Institute, Hubballi, in terms of the Circular dated 02.06.2011 and fill up the same in accordance with law. The writ petition stands disposed of. Ordered accordingly. The observations of the Tribunal, if any, that would come against the petitioner herein shall not be considered by the State if an application is made by the petitioner. The application, if any that would be made by the petitioner or the fourth respondent or any other person shall be considered only on the merits of such application. In view of disposal of the writ petition, all pending IAs are also disposed of accordingly. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 28