1 Reserved on : 03.12.2025 Pronounced on : 15.12.2025 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION NO. 101631 OF 2025 (S – RES) BETWEEN: DR.SUNEEL G. PATIL PROFESSOR S/O. GURUSHANTHGOUDA PATIL, AGED ABOUT 51 YEARS, DEPARTMENT OF DENTISTRY, KMCRI, HUBBALLI – 580 021. …PETITIONER (BY SRI. PRABHUGOUDA B. TUMBIGI A/W SRI. RAJASHEKHAR BURJI, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, VIDHAN SOUDHA, BENGALURU – 560 001. 2. THE DIRECTORATE OF MEDICAL EDUCATION, BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE, OLD BUILDING, 1ST FLOOR, FORT, K. R. ROAD, R Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad 2 BENGALURU – 560 002, REPRESENTED BY ITS DIRECTOR. 3. THE KARNATAKA MEDICAL COLLEGE AND RESEARCH CENTRE HUBBALLI, HUBBALLI – 580 021, REPRESENTED BY ITS DIRECTOR . 4. GADAG INSTITUTE OF MEDICAL SCIENCE, GADAG – 582 103, REPRESENTED BY ITS DIRECTOR . 5. DR. KESHAV ABBAYYA, PROFESSOR, S/O. ABBAYYA, AGED ABOUT 49 YEARS, DEPARTMENT OF DENTISTRY, KMCRI, HUBBALLI – 580 021. …RESPONDENTS (BY SRI. GANGADHAR J. M., AAG A/W SMT. GIRIJA S. HIREMATH, HCGP FOR R1 & R2; SRI. K.N.PHANINDRA, SENIOR COUNSEL FOR R5; R3 & R4 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) TO ISSUE WRIT OF CERTIORARI BY QUASHING THE TRANSFER ORDER DATED 05-03-2024 PASSED IN MED 263 MSF 2023 BY THE RESPONDENT NO.1 VIDE ANNEXURE-J AS ILLEGAL AND BAD IN LAW; II) TO ISSUE WRIT OF CERTIORARI BY QUASHING THE ORDER DATED 30-03-2024 PASSED IN KIMS/CV(1)A/434/2023-24 BY THE RESPONDENT NO.3 VIDE ANNEXURE-M AS ILLEGAL AND BAD IN LAW; III) TO ISSUE WRIT OF CERTIORARI BY QUASHING THE PROVISIONAL SENIORITY LIST DATED 21-01-2025 PASSED IN K.M.C.R.I:CV(1) A AND B: 206:2024-25 BY THE RESPONDENT NO.3 VIDE ANNEXURE-T AS ILLEGAL AND BAD IN LAW; IV) TO ISSUE WRIT OF MANDAMUS TO ALLOW THE PETITIONER TO TAKE CHARGE AS HOD IN THE DEPARTMENT OF DENTISTRY OF THE 3RD RESPONDENT BY SHOWING HIS NAME AT SL.NO. 1 IN THE SENIORITY LIST OF PROFESSORS IN DEPARTMENT OF DENTISTRY OF THE 3RD RESPONDENT BY CONSIDERING THE 3 REPRESENTATIONS DATED 23-12-2024 AND 24-01-2025 AS PER THE REGULATIONS AND GUIDE LINES OF THE RESPONDENT AUTHORITIES PRODUCED VIDE ANNEXURE-R AND V . THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 03.12.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:- CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA CAV ORDER The petitioner is before this Court seeking a slew of prayers. They read as follows: “(i) To issue writ of certiorari by quashing the transfer order dated 05-03-2024 passed in MED 263 MSF 2023 by the respondent No.1 vide Annexure-J as illegal and bad in law; (ii) To issue writ of certiorari by quashing the order dated 30-03-2024 passed in KIMS/CV(1)A/434/2023-24 by the respondent No.3 vide Annexure-M as illegal and bad in law; (iii) To issue writ of certiorari by quashing the provisional seniority list dated 21-01-2025 passed in K.M.C.R.I:CV(1)A&B:206:2024-25 by the respondent No.3 vide Annexure-T as illegal and bad in law; (iv) To issue writ of mandamus to allow the petitioner to take charge as HOD in the department of dentistry of the 3rd respondent by showing his name at Sl No.1 in the seniority list of professors in department of Dentistry of the 3rd respondent by considering the representations dated 23-12- 2024 and 24-01-2025 as per the regulations and guide lines 4 of the respondent authorities produced wide Annexure-R and V; (v) pass such any other order/s as deems fit in the facts and circumstances of the case, in the interest of justice.” 2. Heard Sri.Prabhugouda B Tumbigi learned counsel along with Sri.Rajashekhar Burji, learned counsel appearing for the petitioner, Sri.Gangadhar J.M., AAG along with Smt.Girija S. Hiremath, learned HCGP for respondent Nos.1 and 2, Sri.K.N.Phanindra, learned Senior Counsel appearing for respondent No.5. 3. Shorn of unnecessary details, facts in brief, germane, are as follows: 3.1. The petitioner is appointed as a lecturer in the Department of Dentistry at the 3rd respondent-Karnataka Medical College and Research Centre [hereinafter referred to as ‘KIMS’ for short]. The petitioner then owing to his eligibility, is promoted to the post of Assistant Professor in the Department of Dentistry at KIMS with effect from 01.05.2006. The petitioner is further promoted as Associate Professor in the Department of Dentistry on 01.07.2014. In terms of the Regulations that govern the process of promotion to higher cadres, the petitioner is said to 5 have become eligible to be considered for the post of Professor in dentistry after his completion of four years of service as Associate Professor. 3.2. When things stood thus, it transpires that on 21.03.2022, the 1st respondent-State issues an order appointing 5th respondent who was a Professor in Gadag Institute of Medical Sciences [hereinafter referred to as ‘GIMS’ for short] to come here as Professor for a period of three years. The teaching staff of KIMS in the Department of Dentistry are said to have objected to the entry of the 5th respondent into its institute on deputation. The averment in the petition is that the transfer of the 5th respondent into KIMS, is contrary to the guidelines operating or regulating the transfer between autonomous institutions. On 01.03.2024, when the 5th respondent was working as a Professor, an order comes to be passed by the 1st respondent to create a new post of Professor in the Department of Dentistry by abolishing one post of Professor in any other department within six months. On 05.03.2024, the 1st respondent orders transfer of the 5th respondent from the Department of Dentistry of GIMS to KIMS, subject to the condition that the post of Professor to any other departments would be abolished and a new post of 6 Professor would be created in the Department of Dentistry. On 13.03.2024, it transpires that a Departmental Promotion Committee is constituted against a sanctioned post of Professor in dentistry and the petitioner is found to be eligible for the post of Professor in the Department of Dentistry of the 3rd respondent-institution. The 3rd respondent-Institute then appoints 5th respondent as Head of Department, notwithstanding the fact that the petitioner was already holding the post of Professor in dentistry. 3.3. On 26.07.2024, the Governing Council of the 3rd respondent would meet in which the promotion of the petitioner is ratified and discussion happens about abolishing the post of Professor in the Department of Cardio-thoracic and Vascular Surgery to accommodate the 5th respondent, is the averment in the petition. The communication then springs from the 1st respondent to the 3rd respondent to permanently abolish the post of Professor in Department of Cardio-thoracic and Vascular Surgery. On 23.12.2024, a communication springs from the 1st respondent that one Dr.Khobbanna Kattimani was eligible to be posted as Professor. Therefore, the post should not be abolished. 7 3.4. Provisional seniority list is drawn of the Professors in Dentistry in the meantime, in which the petitioner is placed below the 5th respondent. The petitioner files objections to the said provisional seniority list that the petitioner ought to have been placed as Professor and not the 5th respondent as he had come on transfer on his own volition and could not take away the seniority of persons already working in the institute. It is the aforesaid actions i.e., appointing the 5th respondent as Professor of dentistry, is transferred to the institute, placing him above the petitioner in the seniority list, that are called in question in the case at hand. 4.1. Learned counsel appearing for the petitioner would vehemently contend that the 5th respondent is the brother of a sitting Member of Legislative Assembly. It is, therefore, the petitioner’s case is considered for appointment as Professor in KIMS contrary to law. It is his submission that the post of Professor is created by abolishing a necessary post in the institute only to accommodate the 5th respondent. Learned counsel submits that the petitioner was eligible to be promoted as Professor on the day he completed four years of service as Associate Professor. He was promoted as the Associate Professor 8 on 01.07.2014. In terms of the guidelines, one who completes four years of service as Associate Professor, would become eligible to be promoted as Professor and the guidelines would further indicate that if there is a vacancy and any person eligible to be promoted to the post of Professor, no person should be imported from any other autonomous institution. The learned counsel would submit that the petitioner was in fact eligible and available but the 5th respondent was chosen only for his political clout. 4.2. Not stopping at that, the learned counsel submits that 5th respondent was appointed as Professor in dentistry following the superannuation of a particular Professor in KIMS, subject to condition that a post would be abolished and the petitioner would be accommodated. He would submit, even today, there is no post of Professor abolished. Deliberations have happened to abolish the post of Professor in Department of Cardio-thoracic and Vascular Surgery but there is no order abolishing the post. The very entry of the petitioner into the institute by deputation and permanent absorption is not with the consent of the National 9 Medical Commission. Therefore, he would submit that the entire process is smacked with illegality. 5. Per contra, learned Additional Advocate General would vehemently refute the submissions contending that the petitioner is not even eligible to challenge the entry or promotion of the 4th respondent to KIMS. He would submit that the petitioner becomes a Professor only in the year 2022. By then, the 5th respondent had already become a Professor in GIMS with effect from 2019. Therefore, the petitioner having no locus to challenge, is wanting to throw stones at the 5th respondent. He would submit that malafides are only urged in the petition without making the Member of Legislative Assembly as a party respondent. He would further submit that his submissions be treated as his objections and dismiss the petition as it is not the first entry of the 5th respondent into KIMS, he is working there since 2022 itself. On all these counts, learned Senior Counsel submits that the petition be dismissed. 6. Learned AAG has placed the records for perusal of this Court. He would further submit reiterating what the learned Senior Counsel for the petitioner submits that his entry was by 10 way of a tripartite agreement in the year 2022. Since the 5th respondent has been in the institute since 2022, it was thought that 5th respondent should be absorbed into the services of KIMS as there was no post in the Professor of dentistry, the State thought it fit to abolish a post which was lying vacant for long time and create one post of Professor in dentistry in the Department of Dentistry. He would submit that creation or abolition of post, are all the prerogative of the government and there can be no qualm about the said principles. He would seek to place reliance upon certain judgments which would bear consideration qua their relevance in the course of the order. He has also placed the original records pertaining to the case for a perusal. 7. I have given anxious consideration to the submissions made by the learned counsel appearing for the respective parties and have perused the material on record. 8. The afore-narrated facts are not in dispute as they are all a matter of record but the dates and events for resolution of the issue in the lis are required to be iterated. 11 9. At the outset, it becomes necessary to trace the chronological progression of the petitioner’s service. The petitioner commences his career at KIMS on 16.02.1999 upon his appointment as a lecturer in the Department of Dentistry, thereby entering and continuously serving the institution from that year onward. He was promoted as Assistant Professor with effect from 1.5.2006, serving in the cadre within the same department, eight years later, he was promoted as Associate Professor. The date on which he was promoted as Associate Professor, there existed no sanctioned post of Professor in the Dentistry Department on KIMS. It was only on 18.12.2018, pursuant to a revision of the teaching pattern matrix, a post of professor in the Department of Dentistry was formally approved and bought into existence. 10. Thus, the sanctioned post of Professor in Dentistry materialized on 18.12.2018. Under the regulatory regime governing promotions, earlier framed by the erstwhile Medical Council of India, depicts an Associate professor to become eligible to be promoted to the post of Professor, would require three years of service as Associate Professor. The relevant regulations read as under: 12 Posts Academic Qualification Teaching & Research Experience Professor MDS i. Associate Professor in the subject for three years in a permitted/recognized medical /dental college/institution ii. Should have at least four Research publications (at least two as Associate Professor) [only original papers, meta-analysis, systematic reviews, and case series that are published in journals included in Medline, PubMed, Central Science Citation Index, Science Citation Index, Expanded Embase, Scopus, Directory of Open Access Journals (DoAJ) will be considered]. iii. Should have completed the basic course in Medical Education Technology from Institutions designated by NMC. iv. Should have completed the basic course in Biomedical Research from Institutions designated by NMC. 11. In terms of the regulations/guidelines governing the promotion i.e., guidelines of the National Medical Commission or Medical Council of India as it prevailed prior to the National Medical Commission coming into existence was that an Associate Professor would become eligible to be promoted to the cadre of Professor on his completion of three years of service. The petitioner having been promoted as Associate Professor on 01.07.2014, had fulfilled this requirement at the time of creation 13 of the post of Professor itself. Based upon the guidelines of the Medical Council of India/National Medical Commission, the government has bought in certain norms into terms of the governmental norms, when a qualified and eligible candidate is available within the native institution, the induction of a Professor from an external autonomous institution is impermissible. Therefore, it becomes necessary to notice the governmental norms/guidelines in tune with the NMC or the Bye- laws of the institute. The guidelines were notified on 21.10.2023. In so far as the transfer and deputation of teaching staff, the guidelines direct as follows: “ೋಧಕ ಬ ಂಗಳ ವಾವೆೆ ಅನಸುವ ಷರತು ಾಗೂ ಬಂಧ ೆಗಳ!:- 1. "ಾವ#$ೇ ವಾವೆೆ %ಾಯಂ ಪ()ಾ*ೇ)ಾವ+ಯನು, ಕ-ಾ.ಯ)ಾ/ ಪ(0ೈರತಕ2ದು4 ಮತು ಈ ವಾವೆೆ ಉಭಯ ಸಂ*ೆ9ಗಳ 0ಾ:ೇಪಾ ಪತ; ಕ-ಾ.ಯ)ಾ/ರತಕ2ದು4. 2. ಈ ವಾವೆೆ 0ಾ:ೇಪಾ ಪತ;ಗಳನು, ಕ-ಾ.ಯ)ಾ/ ಸಂ*ೆ9ಗಳ ಆಡ>ತ ಮಂಡ>ಗಳ ಪ()ಾನು?ೕದ ೆಯನು, ಪ-ೆದು ೕಡತಕ2ದು4. 3. @ೕಲ2ಂಡಂBೆ CಂಗDಸEಾ/ರುವ ಗುಂಪ#ಗಳFG "ಎ" ಗುಂIನ ಸಂ*ೆ9ಗ>ಂದ 'J' ಾಗೂ '' ಗುಂIನ ಸಂ*ೆ9ಗ>ೆ ವಾವೆ Kಾಡಲು ಅವLಾಶCದು4, "J" ಾಗೂ "" ಗುಂIನ ಸಂ*ೆ9ಗ>ಂದ "ಎ" ಗುಂIನ ಸಂ*ೆ9ಗ>ೆ ವಾವೆ Kಾಡಲು ಅವLಾಶCರುವ#ಲG. "J" ಗುಂIನ ಸಂ*ೆ9ಗ>ಂದ "" ಗುಂIನ ಸಂ*ೆ9ಗ>ೆ ವಾವೆ Kಾಡಲು ಅವLಾಶCದು4 "" ಗುಂIನ ಸಂ*ೆ9ಗ>ಂದ "J" ಗುಂIನ ಸಂ*ೆ9ಗ>ೆ ವಾವೆ Kಾಡಲು ಅವLಾಶCರುವ#ಲG. 14 4. ಅಂತರ ಗುಂಪ# ಅಂದ0ೆ "ಎ" ಂದ "ಎ" ಗುಂಪ#, "J" ಂದ "J" ಗುಂಪ# ಮತು "" ಂದ "" ಗುಂIನ ನಡು)ೆ ವಾವೆ Kಾಡಲು ಅವLಾಶ ಕFN$ೆ. 5. @ೕಲ2ಂಡ ಎEಾG ಗುಂಪ#ಗಳ ಅ+ೕನದFG ಬರುವ ಆಸNBೆ;ಗಳ! ಮೂಲ ಸಂ*ೆ9ಗಳ ಆ+ೕನದFOೕ ಮುಂದುವ0ೆಯುತ)ೆ. 6. NATIONAL MEDICAL COMMISSIONನ ¤AiÀĪÀiÁ£ÀĸÁgÀ AiÀĪÀÅzÁzÀgÀÄ ಹು$ೆ4ಗ>ೆ 02 ವಷ$ೊಳೆ ಪ$ೋನ,Rೆ ಅಹSರುವ )ೈದTರುಗಳ! ಸಂ*ೆ9ಗಳFG ಇದ4FG ಅಂತಹ ಹು$ೆ4ಗ>ೆ ೇ0ೆ ಸಂ*ೆ9ಗ>ಂದ "ಾವ#$ೇ ವಾವೆೆ ಅವLಾಶ ಕFGಸುವ ಪ;*ಾವ ೆಗ>ೆ 0ಾ:ೇಪಾ ಪತ;ಗಳನು, ೕಡುವಂRಲG 7. ೋಧಕ ವೃಂದದ )ೈದTರುಗಳ! "ಾವ ವೃಂದದFG ೇಮLಾR ೊಂರುBಾ0ೋ ಅ$ೇ ವೃಂದದFG Kಾತ; ವಾವೆೆ ಅಹ0ಾ/ರುBಾ0ೆ. ಒಂದು )ೇXೆ ಪ$ೋನ,R ಹು$ೆ4ಯFG ವಾವೆ ಬಯದ4FG, ಪ$ೋನ,R ೊಂದ ಹು$ೆ4ಯFG ಕಷY 02 ವಷಗಳ *ೇ)ೆಯನು, ಪ(0ೈರುವ ಪ;ಕರಣಗಳFG Kಾತ; ವಾವೆೆ ಅಹSರುBಾ0ೆ. 8. "ಾವ#$ೇ ೋಧಕ ಹು$ೆ4ಗಳ ವಾವೆೆ 0ಾ:ೇಪಾ ಪತ; ೕಡುವ ಮುನ, NMC ಅನಯ ಗ+ತ ಪ;Kಾಣದ ಹು$ೆ4ಗಳ! ಇರುತ$ೆ ಎಂಬುವ#ದನು, ಖ\ತಪDLೊಳ!]ವ#ದು. ಈ ವಾವೆೆ NMC Kಾನದಂಡಗಳ£Àéಯ ೋಧಕ ಹು$ೆ4ಗಳFG LೊರBೆ ಉಂ^ಾಗುವ#ಲG)ೆಂಬ ಬೆ_ ದೃಢಪDLೊಳ!]ವ#ದು. 9. ೊಸ )ೈದTaೕಯ ಸಂ*ೆ9ಗಳFGನ ೋಧಕ ಬ ಂಗಳ ವಾವೆಯನು, ಸದS ೊಸ ಸಂ*ೆ9ಯು NMC ಂದ KಾನTBೆ ಪ-ೆಯುವವ0ೆಗೂ "ಾವ#$ೇ ವಾವೆೆ 0ಾ:ೇಪಾ ಪತ;ವನು, ೕಡತಕ2ದ4ಲG. 10. ಈ ವಾವೆ Kಾಗಸೂ\ಯ @ೕEೆ ವಾವೆ Kಾಡುವ ಪ;ಕರಣಗಳFGನ ೌಕರರುಗಳ! ವಾವೆೊಂಡ ಸಂ*ೆ9ಗಳFGನ ಆ"ಾಯ ವೃಂದದ cೇಷdBೆಯFG QSಯವ0ಾ/ರುBಾ0ೆ. 11. ಪR-ಪR, ಪ;ಕರಣಗಳ! ಾಗೂ )ೈದTaೕಯ Lಾರಣಗಳ e ೆ,Eೆಯ ಪ;ಕರಣಗಳFGನ ವಾವೆ ಪ;*ಾವ ೆಗ>ೆ Kಾತ; @ೕಲ2ಂಡ Kಾಗಸೂ\ಗ>ಂದ C ಾR ೕಡEಾ/$ೆ. ಆದ0ೆ, ಸದS ವಾವೆಗ>ೆ %ಾಯಂ ಪ(ವ *ೇ)ಾವ+ಯನು, ಕ-ಾ.ಯ)ಾ/ ಪ(0ೈರತಕ2ದು4 ಮತು 0ಾ:ೇಪಾ ಪತ;ವನು, ಆಡ>ತ ಮಂಡ>ಯ 15 ಘಟ ೋತರ ಅನು?ೕದ ೆಯನು, ಾa ಇS ಸಂ*ೆ9ಗಳ $ೇಶಕರುಗಳ! 0ಾ:ೇಪಾ ಪತ; ೕಡಲು ಅವLಾಶ ಕFN$ೆ.” The guidelines are indicative of the fact that the proposals for transfer or deputation should be placed before the Governing Council and after the Governing Council gives its prior approval, the transfer or deputation should be effected. In terms of the guidelines of the National Medical Commission, if there is any person who is eligible to be promoted to the next higher cadre in the next two years, there should be no transfer or deputation from a different autonomous institution. Clause 8 thereon further indicates that if any person is to be transferred or deputed, the National Medical Commission should permit such transfer. Without the approval of the National Medical Commission, no transfer should be effected. Clause 10 thereon is indicative of the fact that whoever comes from another institute to a particular institute, their seniority will be at the bottom of the said cadre. 12. These guidelines have not sprung from air but they are borrowed from the guidelines of the National Medical Commission which undoubtedly have a statutory force. Therefore, they are to be followed in letter and spirit. However, in utter disregard to the governmental norms and the principles laid down therein, 16 the 5th respondent who was then serving as Professor in the Department of Dentistry at GIMS, was sought to be transferred into KIMS to occupy the aforesaid newly created post. The order springs on 21.03.2022. The order reads as follows: “ಕ ಾಟಕ ಸLಾರ ಸಂ%ೆT: ಎಂಇD 49 ಎಂಎkಎl 2022 ಕ ಾಟಕ ಸLಾರದ ಸ\)ಾಲಯ, ಬಹುಮಹDಗಳ ಕಟYಡ, ೆಂಗಳoರು, ಾಂಕ: 21/03/2022 ಅ+ಸೂಚ ೆ -ಾ|| Lೇಶವ ಅಬ "ಾT qಾ;rಾTಪಕರು, ದಂತ \aBಾs Ctಾಗ, ಗದಗ )ೈದTaೕಯ Cuಾನಗಳ ಸಂ*ೆ9 ಇವರನು, ಇ$ೊಂದು Cvೇಷ ಪ;ಕರಣ)ೆಂದು ಪSಗw, ಕ ಾಟಕ )ೈದTaೕಯ Cuಾನಗಳ ಸಂ*ೆ9, ಹುಬ >] ಇFGನ ದಂತ \aBಾs Ctಾಗದ qಾ;rಾTಪಕರ ಹು$ೆ4ೆ ತxಣಂದ cಾSೆ ಬರುವಂBೆ 03 ವಷಗಳ ಅವ+ೆ ಅಥ)ಾ ಮುಂನ ಆ$ೇಶದವ0ೆೆ, ಇವ#ಗಳFG "ಾವ#ದು ?ದEೋ ಅFGಯವ0ೆೆ zೕ{ ೇ|ಸEಾ/$ೆ. ಕ ಾಟಕ 0ಾಜTqಾಲರ ಆuಾನು*ಾರ ಮತು ಅವರ ೆಸSನFG, ಸe/- 21/3/2022 (ಎ •;ೕ+) ಸLಾರದ ಅ+ೕನ Lಾಯದ•-3 )ೈದTaೕಯ •xಣ ಇEಾ%ೆ.” He was deputed to KIMS for a period of three years or until further orders. The petitioner and the like who were eligible to be considered for promotion, objects to the entry of the 5th 17 respondent to KIMS by filing their objections on 24.03.2022. In the objections, it was clearly indicated that it is contrary to law and it is only to accommodate the brother of Member of Legislative Assembly of Hubballi East one Sri.Prasad Abbayya. They also contended that they are eligible to be considered for the post of Professor and getting an extra Professor from GIMS was illegal. However, this comes to be rejected by KIMS by the following order: “ಸಂ%ೆT: aಮs/C(1)ಎ/284/2022-23 ಾಂಕ:22-11-2022 UÉ, KಾನT ಸLಾರದ Lಾಯದ•ಗಳ!, )ೈದTaೕಯ •xಣ ಇEಾ%ೆ, ಬಹುಮಹDಗಳ ಕಟYಡ, ೆಂಗಳoರು – 560 001. KಾನT0ೇ, Cಷಯ: -ಾ: Lೇಶವ ಅಬ "ಾT, qಾ;$ಾTಪಕರು, ದಂತ \aBಾs Ctಾಗ, a†s ಹುಬ >], ಇವರ ವಾವೆ ಕುSತು. ಉEೆGೕಖ: ಸದS )ೈದTರ ಮನC ಾಂಕ: 21-11-2022. **** @ೕEಾ2wದ Cಷಯ ಾಗೂ ಉEೆGೕಖದನಯ, -ಾ: Lೇಶವ ಅಬ "ಾT, qಾ;rಾTಪಕರು, ದಂತ \aBಾs Ctಾಗ ಇವರು ಸಧT zೕಜ ೆ @ೕEೆ a†s ಸಂ*ೆ9ಯFG LಾಯವeಸುRದು4, ಸದSಯವರು LೌಟುಂJಕ Lಾರಣಗ>ಂ$ಾ/ ಗದಗ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಗದಗಂದ ಕ ಾಟಕ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಹುಬ >]ಯ ದಂತ \aBಾs CtಾಗದFG qಾ;rಾTಪಕರ ಹು$ೆ4ೆ ವಾವೆ LೋS 0ಾ:ೇಪಾ ಪತ; ೕಡುವಂBೆ CನಂRರುBಾ0ೆ. ಸದSಯವSೆ ಗದಗ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಗದಗಂದ ವಾವೆೆ 0ಾ:ೇಪಾ ಪತ; $ೊ0ೆRರುತ$ೆ. ಆದ0ೆ ದಂತ \aBಾs CtಾಗದFG qಾ;rಾTಪಕರ ಹು$ೆ4ಯು %ಾF ಇರುವ#EಾG. 18 ಸದS )ೈದTರು a†s ಸಂ*ೆ9ೆ %ಾಯಂ ಆ/ ವಾವೆ ೊಂದಲು ಸLಾರದ ಮಟYದFG RೕKಾನ BೆೆದುLೊಳ]ಬಹು$ಾ/$ೆ ಎಂಬ Cಷಯವನು, KಾನTರ ಅವಾಹ ೆೆ ತರುBಾ, ಸದS )ೈದTರು ಈ ಕ‡ೇSೆ ಸFGದ ಮನCಯನು, ತಮೆ ಮುಂನ ಸೂಕ ಕ;ಮLಾ2/ ಸFGಸEಾ/$ೆ. ಧನT)ಾದಗXೆoಂೆ, ತಮˆ Cvಾಸ ಸe $ೇಶಕರು, ಕ ಾಟಕ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ºÀħâ½î” The petitioner kept quiet. The government then notifies certain guidelines of movement of teaching staff between autonomous institutions and the methodology to be adopted thereon. The guidelines form the fulcrum of the issue in the lis. 13. When things stood thus, a Government Order springs on 01.03.2024 creating a post of Professor in dentistry. The Order reads as follows: “ಕ ಾಟಕ ಸLಾರದ ನಡವ>ಗಳ! Cಷಯ: ಕ ಾಟಕ )ೈದTaೕಯ Cuಾನಗಳ ಸಂ*ೆ9, ಹುಬ >] ಇFGನ ದಂತvಾಸŠ CtಾಗLೆ2 ಒಂದು qಾ;rಾTಪಕರ ಹು$ೆ4ಯನು, ಸೃಜ ೆ Kಾಡುವ ಕುSತು. ಓದEಾ/$ೆ: ಆŒಕ ಇEಾ%ೆಯ •ಪNw ಸಂ%ೆT: ಆಇ 92 )ೆಚŽ/2024, ಾಂಕ:28.02.2024 ***** ಪ#*ಾವ ೆ: 19 @ೕEೆ ಓದEಾದ •ಪNwಯFG ಆŒಕ ಇEಾ%ೆಯು ಕ ಾಟಕ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9 (a†s), ಹುಬ >] ಸಂ*ೆ9ಯ ದಂತvಾಸŠ CtಾಗLೆ2 Cvೇಷ ಪ;ಕರಣ)ೆಂದು ಪSಗw 01- qಾ;rಾTಪಕರ ಹು$ೆ4ಯನು, ಸಂ*ೆ9ಯ "ಾವ#$ೇ CtಾಗದFG 01- qಾ;rಾTಪಕರ ಹು$ೆ4ಯನು, ಆರು RಂಗXೆoಳಾ/ ರದು4ೊ> ಸLಾರದ ಆ$ೇಶವನು, ೊರD, ಪ;Rಯನು, ಆŒಕ ಇEಾ%ೆೆ ಒದ/ಸುವ#ದು ಎಂಬ ಷರRೊಳಪಟುY ಸೃ{ಸಲು ಸಹಮR ೕಡEಾ/ರುತ$ೆ. ಅದರಂBೆ, ಕ ಾಟಕ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಹುಬ >] ಸಂ*ೆ9ಯ ದಂತvಾಸŠ CtಾಗLೆ2 ಒಂದು qಾ;rಾTಪಕರ ಹು$ೆ4ಯನು, ಸೃ{ಸಲು ಸLಾರವ# RೕKಾ, ಈ LೆಳಕಂಡಂBೆ ಆ$ೇ•$ೆ. ಸLಾರದ ಆ$ೇಶ ಸಂ%ೆT : ಎಂಇD 130 ಎಂಎಂ 2024, ೆಂಗಳoರು, ಾಂಕ 01.03.2024 ಪ;*ಾವ ೆಯFG CವSರುವ ಅಂಶಗಳ e ೆ,EೆಯFG, ಕ ಾಟಕ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಹುಬ >] ಸಂ*ೆ9ಯ ದಂತvಾಸŠ CtಾಗLೆ2 ಒಂದು qಾ;rಾTಪಕರ ಹು$ೆ4ಯನು, ಸಂ*ೆ9ಯ "ಾವ#$ೇ CtಾಗದFG 01- qಾ;rಾTಪಕರ ಹು$ೆ4ಯನು, ರದು4ೊ>ಸುವ ಷರRೊಳಪಟುY ಸೃ{ ಆ$ೇ•$ೆ. ಕ ಾಟಕದ 0ಾಜTqಾಲರ ಆ$ೇvಾನು*ಾರ ಮತು ಅವರ ೆಸSನFG, ಸe/- 01.03.2024 (cೆ. ಕುKಾರ*ಾ|) ಸLಾರದ ಅ+ೕನ Lಾಯದ•-1, )ೈದTaೕಯ •xಣ ಇEಾ%ೆ.” In KIMS, the order is passed on 01.03.2024, the communication reaches KIMS on 11.03.2024. Even before the ink on the order could dry, a Notification is issued posting the 5th respondent as Professor in the newly created post in the Department of Dentistry. The Notification reads as follows: 20 “ಅ+ಸೂಚ ೆ -ಾ: Lೇಶವ ಅಬ ಯT, qಾ;rಾTಪಕರು, ದಂತ \aBಾs Ctಾಗ, ಗದಗ )ೈದTaೕಯ Cuಾನಗಳ ಸಂ*ೆ9, ಗದಗ ಇವರನು, ಹುಬ >]ಯ a†s )ೈದTaೕಯ ಸಂ*ೆ9ಯ "ಾವ#$ೇ CtಾಗದFG 01-qಾ;rಾTಪಕರ ಹು$ೆ4ಯನು, ಆರು RಂಗXೆoಳಾ/ ರದು4ೊ>ಸುವ ಷರRೊಳಪಟುY, ಕ ಾಟಕ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಹುಬ >] ಇFG ೊಸ$ಾ/ ಸೃ{ಸEಾ/ರುವ ದಂತvಾಸŠ, Ctಾಗದ qಾ;rಾTಪಕರ ಹು$ೆ4ೆ ತxಣಂದ cಾSೆ ಬರುವರBೆ ಈ Lೆಳಕಂಡ ಷರತುಗ>ೊಳಪಟುY *ೇ)ೆಯFG ಒಂದು ಾSೆ ಅನಸುವಂBೆ %ಾಯಂ ಆ/ ವಾ ಆ$ೇ•$ೆ. ಷರತುಗಳ!: 1. ಸದSಯವರ *ೇ)ಾ cೇಷdBೆಯನು, ಕ ಾಟಕ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಹುಬ >] ಇFGನ ದಂತvಾಸŠ CtಾಗದFG ಪ;ಸುತ ಕತವT ವeಸುRರುವ qಾ;rಾTಪಕರ ವೃಂದದFG aSಯರ ಾ,/ ಗಪDಸತಕ2ದು4. 2. ಸದSಯವರು ಮBೆ ಇ,ತ0ೆ "ಾವ#$ೇ *ಾಯತ )ೈದTaೕಯ ಸಂ*ೆ9ಗ>ೆ ವಾವೆ KಾಡುವಂBೆ Lೋರತಕ2ದ4ಲG. 3. ಸದSಯವರು ಕ ಾಟಕ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಹುಬ >] ಸಂ*ೆ9ಯ ೈEಾ/ವೃಂದ ಮತು ೇಮLಾR ಯಮಗಳ!, *ೇ)ಾ ಷರತು ಮತು ಬಂಧ ೆಗ>ೆ ಒಳಪಡತಕ2ದು4. 4. ಸದSಯವರ Fೕ• ಕ ಾಟಕ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಹುಬ >] ಇFGೆ %ಾಯಂ ಆ/ ವಾಸತಕ2ದು4. 5. ಈ ವಾವೆ ಪ;*ಾವ ೆಯನು, ಉಭಯ ಸಂ*ೆ9ಗಳ ಆಡ>ತ ಮಂಡ>ಯFG ಮಂD ಘಟ ೋತರ ಅಮ?ೕದ ೆ ಪ-ೆಯತಕ2ದು4. ಕ ಾಟಕ 0ಾಜTqಾಲರ ಆ$ೇvಾನು*ಾರ ಮತು ಅವರ ೆಸSನFG ಸe/- 05.03.2024 (ಆ‘. ಮಂಜು ಾಥ) 21 ಸLಾರದ ಅ+ೕನ Lಾಯದ•-3 )ೈದTaೕಯ •xಣ ಇEಾ%ೆ.” The condition while appointing the 5th respondent as Professor of dentistry is that the post is created, subject to condition that the post of Professor in any of the departments in KIMS should be abolished. The 5th respondent assumes charge immediately as he was already working in the institute on deputation. The Departmental Promotion Committee then meets on 13.03.2024 and the petitioner is held eligible to be promoted to the post of Professor and petitioner applies to be posted as Head of Department of the 3rd respondent owing to his eligibility and the incumbent retiring on attaining the age of superannuation. He is not posted as Head of Department but the 5th respondent is posted as Head of Department. Not stopping at that, a provisional seniority list is notified by KIMS in Department of Dentistry. In the seniority list, the name of 5th respondent springs at first place and the petitioner is at the second place. The provisional seniority list is as follows: 22 The shara against the 5th respondent is that he has been transferred permanently from GIMS to KIMS and has reported to duties on 07.03.2024 and the petitioner has been promoted on 04.07.2024. Therefore, on sheer date of entry, the 5th respondent is placed above the petitioner. The petitioner objects. The objection is as follows: “From: Dr Suneel G Patil Professor Department of Dentistry KMCRI, Hubli To, The Director KMCRI, Hubli 23 Respected Sir, Sub: Objection to my placement at SL.No.2 in the provisional seniority list of Professors in the Department of Dentistry as on 01/01/2025 I have been appointed at KMCRI Hubli on 26/02/1999 and am working in this institution continuously for the past 25 yrs and i have been eligible for the post of professor since the past 10 yrs. I have been promoted to the post of Professor in the Department of Dentistry in the DPC held on 13/03/2024 for the vacancy arising due to the superannuation of the former Professor and HOD Dr R.M.Alnavar occupying the only sanctioned post of Professor in Dentistry, by the virtue of being at SL.No.1 in the seniority list of Associate Professors in the Department of Dentistry. The promotion order was issued on 04/07/2024 which subsequently has been ratified in the GC meeting held on 26/07/2024 To my surprise i have been placed at SL.No.2 in the provisional seniority list of Professors in Dentistry, below that of Dr Keshav Abbayya (joined service in 2019 at GIMS, Gadag) who has been transfered from GIMS Gadag, to KMCRI Hubli, even though there was no vacancy for the post of Professor at KMCRI Hubli, moreover the said transfer was subject to abolishing a sanctioned post of Professor in any Medical Department of this Medical college in 6 months, to create an extra post of Professor in Dental Department of this Medical college, according to the administrators of this Institution the process is not complete till the publication of this seniority list as on 01/01/2025 I am the senior most faculty in the department, occupying the legal and legitimate sanctioned post of Professor in the department of Dentistry at the time of publishing this seniority list should be placed at SL.No.1 and not below that of Dr. Keshav Abbayya, an extra professor transfered from another institution without existing vacancy and sanctioned 24 post but to a created post just to facilitate his transfer to KMCRI, even the procedure for which is not complete Hence I request you to place me at SL.No.1 in the seniority list of Professors in the Department of Dentistry and oblige Thanking you, Yours Sincerely 24/01/2025 Sd/- Hubli (Dr. Suneel G Patil).” No timely action having been forthcoming, the petitioner is constrained to knock at the doors of this Court seeking redress. The pivotal question that arises for consideration is whether the entry of the 5th respondent in KIMS can withstand judicial scrutiny. The relevant guidelines have already been adverted to supra. It is not in dispute that the 5th respondent is a Professor at GIMS and not of KIMS. The mode and manner of his appointment at GIMS is of no consequence to the present adjudication. What falls squarely for determination is the legitimacy of his ingress into KIMS which constitutes the crux of the controversy. 14. A perusal at the original files placed before this Court is indicative of one glaring fact that the petitioner comes into 25 KIMS from GIMS purely on his own request. The request of the petitioner reads as follows: ”From, Date:21/11/22 Place:Hubli Dr.Keshava Abbayya, Professor, Dept. of Dentistry KIMS, Hubli. To, The Secretary, Medical Education, Bangalore. Though proper channel, Director, KIMS, Hubli. Subject: Regarding transfer to KIMS, Hubli from GIMS, Gadag. Respected Sir, I the undersigned (Dr.Keshava.A) have been deputed from GIMS, Gadag to KIMS, Hubli, since 24/03/2022. As my mothers health is not good, so I hereby request you to kindly transfer me to KIMS, Hubli. As I have already received a No Objection Certificate from GIMS, Gadag, hence I once again request you to consider my request & do the needful. Thanking you, Your’s sincerely, Sd/- (Dr.Keshava.A)” Viewed through the prism of settled jurisprudence, the 5th respondent having migrated from GIMS to KIMS ostensibly at his own behest, could lay claim, to the lowest rung in the seniority of Professors, and nothing else. Yet, the factual canvass reveals an unusual anomaly, that existed, as there was only one sanctioned post of Professor and the petitioner alone was eligible to be promoted to the said post on the relevant date. Therefore, the controversy cannot be confined to a narrow examination of 26 seniority alone, but must be tested against the totality of circumstances and attendant contentions that surrounded the 5th respondent’s very induction to KIMS. 15. The narrative of the 5th respondent’s entry into KIMS does not rest upon a slender reed of a voluntary request. It is preceded, indeed propelled by a communication addressed to the Minister, by none other than the petitioner’s brother, a sitting MLA. The imprint of political interference towards the transaction is thus not speculative, it is manifest and unmistakable. The factum of political influence, is rendered even more conspicuous by the fact that the said MLA represents the very constituency in which KIMS, Hubballi stands situate. A perusal at the records would indicate three communications that are germane to be noticed. One that springs from the brother of the petitioner the MLA and the other two directing the Institute by the State. They are as follows: 27 28 29 30 The submissions advanced in the petition therefore, do not hover in the realm of surmise or conjecture. They are firmly anchored in the documentary record. A careful perusal at the original files brings to the fore three communications of relevance supra. One, emanating from the petitioner’s brother, the MLA and two others flowing from the corridors of the State issuing directions to the institute. Therefore, the 5th respondent entry is indubitably traceable to political influence. Such interference when allowed to infiltrate into the realm of administrative governance, it puts the foundations of public administration to peril, and places the rights of deserving individuals in grave jeopardy. The controversy, thus, transcends a mere infraction of statutory provisions or executive guidelines, it is in fact an imprint of political patronage. Therefore, the impugned action becomes a suspect from its inception. 16. As earlier noted, the regulatory framework issued by the National Medical Commission unequivocally stipulates that the Associate Professor, who has completed three years of service is eligible to be considered for promotion to the post of Professor. The governmental guidelines further mandate that 31 when an Associate Professor who could be considered for promotion to the post of Professor in the ensuing two years, the importation of a Professor from any other autonomous institute, whether by transfer or deputation, permanent or otherwise, is strictly impermissible. The petitioner having already completed requisite qualifying service as early as at the time when the new post of Professor in Dentistry was created, was fully eligible and available for promotion. Yet, the 5th respondent whose fraternal relationship with the sitting Member of the Legislative Assembly, representing Hubballi, appears to have been ushered into KIMS through the channels of influence, notwithstanding the oppositions raised by those affected. 17. The State however did not halt at this juncture. It proceeded to conjure a new post of Professor in the Department of Dentistry without first securing the concurrence of the National Medical Commission, and that too, on the express condition that an existing post in another department would be abolished. Deliberations regarding such abolition were indeed held but till date, no post has actually been abolished in fulfilment of that condition. The 5th respondent’s permanent 32 transfer to KIMS, predicated upon the fulfilment of this condition, thus stands on an untenable ground. Added to this, well settled Service Jurisprudence dictates that a person who seeks permanent transfer into a cadre at his own request must necessarily be placed at the bottom of the seniority list therein. While it is true that the 5th respondent reported to duty as Professor on 7.3.2024, and the petitioner’s promotion followed on 8.7.2024, the fact remains that the very entry into the cadre was illegal. 18. The permanent placement of 5th respondent as Professor of KIMS being in blatant violation of binding statutory guidelines and indelibly tainted by political influence, cannot be sustained in law. The petitioner’s subsequent promotion, though effect a few months later, does not efface or cure the illegality that vitiates the appointment of the 5th respondent. When the petitioner was statutorily entitled for promotion, importing an outsider into the lone available post in the department, effectively divested the petitioner of both his seniority, a statutory right, and his legitimate consideration of promotion, a fundamental right. The government though 33 empowered to create or abolish post, must exercise such authority within the confines of fairness and non- arbitrariness. Article 14 stands as a constitutional sentinel prohibiting whimsical actions or favouritism by the State. In the light of the aforesaid circumstance, the petitioner’s grievance merits acceptance and the prayers that are sought are to be granted. 19. For the aforesaid reasons, the following: O R D E R [i] Writ Petition is allowed. [ii] Transfer order dated 05.03.2024 passed in MED 263 MSF 2023 by the respondent No.1 vide Annexure-J, stands quashed. [iii] Order dated 30.03.2024 passed in KIMS/CV(1)A/434/2023-24 by the respondent No.3 vide Annexure-M, stands quashed. [iv] Sequentially, to the preceding clauses [i] and [ii], provisional seniority list dated 21.01.2025 passed in 34 K.M.C.R.I:CV(1)A&B:206:2024-25 by the respondent No.3 vide Annexure-T, stands quashed. [v] The petitioner is declared entitled to all consequential benefits that would flow from the quashment of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE cbc CT-MJ