- 1 - HC-KAR NC: 2025:KHC-D:9390 WP No. 107523 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107523 OF 2024 (S-RES) BETWEEN: 1. DR. CHHAYA V. SHINDE W/O. SANJEEV BAVACHI, AGED ABOUT 45 YEARS, WORKING AS RBSK BAMS DOCTOR, AT TALUK HEALTH OFFICE BELAGAVI, BELAGAVI DISTRICT – 590 005, R/A NO. 764/15A, JIYA BUILDING, OPPOSITE-CANARA BANK, BHAGYANAGAR, 3RD CROSS, BELAGAVI – 590 006. 2. DR. VANDANA V. KITTURAKAR D/O. VASANT B. KITTURKAR, AGED ABOUT 37 YEARS, WORKING AS RBSK DOCTOR, AT TALUK HEALTH OFFICE BELAGAVI, BELAGAVI DISTRICT – 590 005, R/A NO. PLOT NO.56 CTS NO.6987, SECTOR NO.9, MAL MARUTI EXTENSION AREA BELAGAVI – 590 001. 3. DR. RATNAMMA DANDAVAT W/O. MARIYANNA KURI, AGED ABOUT 40 YEARS, WORKING AS RBSK STAFF NURSE, AT TALUK HEALTH OFFICE BELAGAVI, BELAGAVI DISTRICT – 590 005, R/A NO. 2132, 2ND CROSS, BASAVA COLONY, BELAGAVI – 590 010. 4. DR. ANJALI HONAMANI D/O. RAMESH, AGED ABOUT 23 YEARS, WORKING AS RBSK OPHTHALMIC ASSISTANT, AT TALUK HEALTH OFFICE BELAGAVI, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Date: 2025.08.01 15:07:28 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9390 WP No. 107523 of 2024 BELAGAVI DISTRICT – 590 005, R/A NO. PLOT NO.12, 1ST CROSS, ANAND NAGAR, VADAGOAN, BELAGAVI – 590 005. 5. DR. RESHMA M. SAMBREKAR W/O. MAHADEV SAMBREKAR, AGED ABOUT 37 YEARS, WORKING AS RBSK BAMS DOCTOR, AT TALUK HEALTH OFFICE BELAGAVI, BELAGAVI DISTRICT – 590 005, R/A NO. 102/2C1, RANZUNZAR COLONY, SAMBHAJI NAGAR, VADAGAV, BELAGAVI – 590 005. 6. DR. SWATI RAMCHANDRA KHOT W/O. SRI. MONOJ SHIVANANDA PUJAR, AGED ABOUT 36 YEARS, WORKING AS RBSK DOCTOR, AT TALUK HEALTH OFFICE BELAGAVI, BELAGAVI DISTRICT – 590 005, R/A NO. YESH HEIGHTS, 1ST FLOOR, ADARSH NAGAR, 4TH CROSS, HINDAWADI, BELAGAVI – 590 001. 7. ASHWINI S. BADIGER D/O. SHANKAR, AGED ABOUT 37 YEARS, WORKING AS RBSK STAFF NURSE, AT TALUK HEALTH OFFICE BELAGAVI, BELAGAVI DISTRICT – 590 005, R/A NO. 93, GOUDRA ONI, HONNIDIBBA, BELAGAVI – 591 112. …PETITIONERS (BY SRI. SHIVARAJ PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, NO. 105, 1ST FLOOR, VIKASA SOUDHA BENGALURU – 560 001. 2. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER, VACCINATION INSTITUTE PREMISES, - 3 - HC-KAR NC: 2025:KHC-D:9390 WP No. 107523 of 2024 NEAR 2ND RAILWAY GATE, TAILAKAWADI, BELAGAVI – 590 006. 3. THE DISTRICT HEALTH AND FAMILY WELFARE SOCIETY AND THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER, VACCINATION INSTITUTE PREMISES, NEAR 2ND RAILWAY GATE, TAILAKAWADI, BELAGAVI – 590 006, REP. BY ITS PRESIDENT. 4. THE DEPTY DIRECTOR, RASHTRIYA BAL SWASTHYA KARYAKRAM(RBSK) AROGYA SOUDHA, MAGADI ROAD, BENGALURU – 560 023. 5. THE PROJECT DIRECTOR, RCH RASHTRIYA BAL SWASTHYA KARYAKRAM(RBSK) AROGYA SOUDHA, MAGADI ROAD, BENGALURU – 560 023. 6. MISSION DIRECTOR, NATIONAL HEALTH MISSION AROGYA SOUDHA, MAGADI ROAD, BENGALURU – 560 023. …RESPONDENTS (BY SRI. P.N.HATTI, HCGP FOR R1 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE CIRCULAR BEARING NO. NHM/RBSK/04/2024-25(E-1433000) DATED 11-09-2024 AS PER ANNEXURE-K ISSUED BY 4TH RESPONDENT AND IMPUGNED NOTICE BEARING NO. SUM/D.P.M.U/N.H.M/BE/91/2024-25 DATED 02-12-2024 ISSUED BY THE 2ND RESPONDENT AS PER ANNEXURE-P AND Q INSOFAR AS THE PETITIONERS NO. 1 TO 4 MOBILE HEALTH TEAM-5 AND THE PETITIONERS 5 TO 7 MOBILE HEALTH TEAM-7 OF TALUK HEALTH OFFICE, BELAGAVI IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLN THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:9390 WP No. 107523 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: I. Issue a writ of certiorari to quash the circular bearing no. NHM/RBSK/04/2024-25(E-1433000) dated 11- 09-2024 as per Annexure-K issued by 4th Respondent and impugned notice bearing No. Sum/D.P.M.U/N.H.M/Be/91/2024-25 dated 02-12-2024 issued by the 2nd Respondent as per Annexure-P and Q insofar as the petitioners no. 1 to 4 mobile health team-5 and the petitioners 5 to 7 mobile health team-7 of Taluk Health Office, Belagavi is concerned, in the interest of justice and equity. II. And Pass any suitable order/orders which are deems fit in the interest of Petitioner. 2. The lis in the above matter is as regards the alleged wrongful termination of various teams of persons, one of which the petitioners belong to, on the ground that the said teams were not performing properly. Similar lis involving different teams has been considered by this Court in various matters, and based on the submission of the learned Additional Government Advocate in the co-ordinate bench of this court in one of the matters in - 5 - HC-KAR NC: 2025:KHC-D:9390 WP No. 107523 of 2024 W.P.No.32103/2024, has disposed of the case as under: “Learned Additional Government Advocate after securing instructions submitted that the respondents have undertaken a fresh exercise to review the performance of all the employees' health teams in the State of Karnataka. He submits that the case of the petitioners will also be reexamined by considering the reports uploaded on Swasthya Kirana app and appropriate orders would be passed. He adds that such exercise will be done within a period of four weeks from the date of receipt of a copy of this order. 5. In view of the aforesaid submission, this petition is allowed. The impugned orders of termination and the consequent orders/notices issued are quashed. It is open for the respondents to review the performance of the petitioners and pass appropriate orders in accordance with law within a period of one month from the date of receipt of a copy of this order. It is made clear that this court has not expressed any opinion on the merits of the case and the respondents may take a decision independently. It is needless to mention that any salary unpaid till the date of the termination of the petitioners shall be paid to them within a period of one month from the date of receipt of a copy of this order. 6. All issues are kept open.” 3. The said order would be equally applicable to the present petitioners inasmuch as the performance of the team of the petitioners would also have to be - 6 - HC-KAR NC: 2025:KHC-D:9390 WP No. 107523 of 2024 reviewed afresh and thereafter, necessary action taken, if deemed so necessary. In that view of the matter, I pass the following: ORDER i) The writ petition is allowed. ii) A certiorari is issued. The impugned circular and notice vide Annexures-K, P and Q are quashed. It is open to the respondents to review the performance of petitioners and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of certified copy of this order. iii) It is made clear that this Court has not expressed any opinion on the merits of the case. iv) The unpaid salary, till the date of termination of petitioners, shall be paid to them within a period of one month from the date of receipt of a certified copy of this order. v) All the issues are kept open. - 7 - HC-KAR NC: 2025:KHC-D:9390 WP No. 107523 of 2024 vi) In view of the disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. SD/- (SURAJ GOVINDARAJ) JUDGE AM/- CT-ASC List No.: 1 Sl No.: 28