- 1 - HC-KAR NC: 2025:KHC-D:16911 WP No. 105170 of 2018 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105170 OF 2018 (S-RES) BETWEEN: 1. DR. J. SREEDHAR REDDY, S/O SRI. J.SOMESEKHARA REDDY, AGED ABOUT: 34 YEARS, OCC: DOCTOR K ERRAGUDI POST VIA MOKA, BALLARI-583103. 2. DR. Y.NAGARATHNA D/O. SMT.Y. SARANAMMA, AGED ABOUT: 41 YEARS, OCC: DOCTOR B/30, NEAR NOBEL SCHOOL, 4TH CROSS, PARVATHI NAGAR, BALLARI-583101. 3. DR. GEETHA MUSTI D/O, DR. A.N. VIJAY, AGED ABOUT: 40 YEARS OCC: DOCTOR, "THAPANIDHI", 8TH CROSS, JAYA NAGAR, T.B. SANITARIUM ROAD, BALLARI-583104. 4. DR. S.K. SURESH KUMAR, AGED ABOUT: 37 YEARS, OCC: DOCTOR S/O SRI.S K SHANKARA GOWDA, AGED ABOUT: 36 YEARS, 2ND CROSS, SHASTRI NAGAR, BALLARI-583102. 5. DR. Y.G. PRADEEP KUMAR, AGED ABOUT :41 YEARS, OCC: DOCTOR 67/96, "GURU GANGADHARA NILAYA" NEAR SATYANARAYANA TEMPLE, S.N. PET, BALLARI-583101. 6. DR. P.UDAYAKUMAR REDDY, S/O SRI. P.VENKATA REDDY, AGED ABOUT: 35 YEARS, OCC: DOCTOR ASHOK NAGAR, SIRUGUPPA ROAD, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16911 WP No. 105170 of 2018 BALLARI-5831401. 7. DR.FARAH NIKHAT AGED ABOUT: 36 YEARS, OCC: DOCTOR W/O DR.ANEESUR REHMAN, NO.71/30, TILAK NAGAR, CANTONMENT, BALLARI-583103. 8. DR. VAGESH M.GOULI AGED ABOUT: 45 YEARS, OCC: DOCTOR S/O SRI. MAHADEVAPPA GOULI, BASI REDDY COMPOUND, 4TH CROSS, PARVATHI NAGAR, BALLARI-583101. 9. DR.P. VINEETHA W/O SRI. C.M. HARISH, AGED ABOUT: 36 YEARS, OCC: DOCTOR WARD NO.8, BLOCK NO.29, RAMANJANEYA NAGAR, CANTONMENT, BALLARI-583104. 10. DR. SRI. R. VIKAS S/O SRI. N.RANGAYYA, "SUMUKHA", DOOR NO.8, AGE: MAJOR, OCC: DOCTOR OPP. TO THE HOUSE OF SRI. GOPALA REDDY, ARAKERE VILLAGE, BANNERGHATTA ROAD, BENGALURU-560076. … PETITIONERS (BY SRI. M.B. REDYY, ADVOCATE) AND: 1. THE SECRETARY, MINISTRY OF HEALTH AND WELFARE SERVICE, (MEDICAL EDUCATION), VIKASA SOUDHA, VIDHANA VEEDHI, BENGLAURU-560001. 2. THE DIRECTOR VIJAYANAGAR INSTITUTE OF MEDICAL SCIENCES, BALLARI-583104, KARNATAKA. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SHRI J.M. ANILKUMAR, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC-D:16911 WP No. 105170 of 2018 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT TO ABSORB THE PETITIONERS AS PERMANENT EMPLOYEES. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: “Wherefore, it is humbly prayed that this Hon’ble Court be pleased to: i) Issue a writ of mandamus directing the 2nd respondent to absorb the petitioners as permanent employees. ii) To issue any other Writ, Direction or Orders as this Hon’ble Court deems fit.” 2. Heard Shri M.B. Reddy, learned counsel appearing for the petitioners, Smt. Girija S.Hiremath, learned HCGP appearing for respondent No.1 and Shri J.M. Anilkumar, learned counsel appearing for respondent No.2. 3. The petitioners are all appointed on contract basis with the second respondent, Vijayanagar Institute of Medical Sciences (hereinafter referred to as “the Institute” for short) in the post of Tutor. The appointment of the petitioners admittedly - 4 - HC-KAR NC: 2025:KHC-D:16911 WP No. 105170 of 2018 was not pursuant to issuance of a notification or assessing the comparative merit of persons. They were all appointed on contract basis for the purpose of need at that point in time, but have continued in service for the last 15 years. The petitioners have projected their right for seeking regularisation of their services on the score that they have been continuously working for the last 15 years and they cannot be left in the lurch now. 4. Learned counsel appearing for respondent No.2 would submit that the petitioners are not entitled to seek any regularisation from the hands of this Court on the score that their appointment itself was irregular in the sense that no notification was issued nor the policy of the State qua reservation was followed. 5. Be that as it may. It is an admitted fact that these petitioners have been working for the last 15 years and have submitted representations seeking regularisation. The representations have not met their consideration and therefore the petitioners are before this Court in the subject petition. Learned counsel Shri J.M. Anilkumar submits that the representations of the petitioners would be considered, if - 5 - HC-KAR NC: 2025:KHC-D:16911 WP No. 105170 of 2018 reasonable time is granted strictly in accordance with law. Therefore, I deem it appropriate to dispose the petition with a direction to respondent No.2 - Institute to consider the representations so submitted in consonance with law with particular reference to the judgment of the Apex Court in the case of SECRETARY, STATE OF KARNATAKA VS. UMADEVI (3)1 and the judgments rendered in its aftermath is also the circulars issued by the State Government immediately after the judgment in the case of UMADEVI (3) (supra) on 25.06.2006 and 13.12.2006. The representation shall merit consideration within an outer limit of 4 months from the date of receipt of the copy of the order. All contentions remain open. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ASC List No.: 1 Sl No.: 5 1 (2006) 4 SCC 1