- 1 - HC-KAR NC: 2025:KHC:39884-DB WA No. 1435 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 1435 OF 2024 (S-RES) BETWEEN: 1. DR. SYED ALTHAF S/O SYED DAWOOD, AGED ABOUT 59 YEARS, R/AT NO.39/1, NETAJI ROAD, FRAZER TOWN, BANGALORE - 560 005 WORKING AT KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY, BENGALURU - 560 029. …APPELLANT (BY SRI. VIKRAM S.HUILGOL, SENIOR COUNSEL FOR MUHAMMAD SHAMIL., ADVOCATE) AND: 1. DR. V LOKESH AGED ABOUT 55 YEARS, S/O VENKATAPPA, WORKING AS DIRECTOR KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY, BENGALURU - 560 029 R/AT NO.18/2-3B, 13TH A CROSS, JAYANAGAR, 2ND BLOCK, BENGALURU 560 011. 2. THE STATE OF KARNATAKA, REP BY PRINCIPAL SECRETARY, MEDICAL EDUCATION THE STATE OF KARNATAKA, REP BY PRINCIPAL SECRETARY, MEDICAL EDUCATION DEPARTMENT, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39884-DB WA No. 1435 of 2024 M.S.BUILDING BENGALURU - 560 001. 3. VICE CHAIRMAN, KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY, BENGALURU 560 029. 4. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE CAMPUS (OLD BUILDING) 1ST FLOOR, FORT ROAD, K.R.ROAD, BENGALURU 560 002. 5. THE DIRECTOR, KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY, BENGALURU -560 029. 6. THE ENQUIRY COMMITTEE, HEADED ITS CHAIRMAN, HOLDING OFFICE AS THE COMMISSIONER OF TREASURIES, DEPARTMENT OF TREASURIES, 6TH FLOOR, KPCL GREEN BUILDING, PALACE ROAD, BENGALURU - 560 001. 7. THE ADMINISTRATOR, KIDWAI MEMORIAL INSTITUTE OF ONCOLOGY, BENGALURU -560 029. …RESPONDENTS (BY SRI. D.R.RAVISHANKAR, SENIOR COUNSEL FOR SMT. M.L.SUVARNA, ADVOCATE FOR R-1; SRI.SHASHIKIRAN SHETTY, AG ALONG WITH SRI. REUBEN JACOB, AAG AND SRI.M.N.SUDEV HEGDE, AGA FOR R-2, R-3 & R-6; SRI. PIYUSH KUMAR JAIN, ADVOCATE FOR R-3, R-5 & R-7) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND OTHER DATED 28.08.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.6894/2024 (S-RES) PRODUCED, ETC. - 3 - HC-KAR NC: 2025:KHC:39884-DB WA No. 1435 of 2024 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The appellant is before this Court being aggrieved by the observation made at paragraph 18 of the impugned order dated 28.08.2024 passed in W.P.No.6894/2024 (S-RES) by the learned Single Judge, so also the observation made at Point No.iv of the operative portion which reads as follows :- "iv) respondent Nos.1, 2 and 3 are directed to forthwith appoint any person other than the respondent No.4 from amongst any Heads of the Department in the Institute as an in-charge Director, until conclusion of the departmental enquiry against the petitioner. This shall be done within a period of two weeks from the date of receipt of a certified copy of this Order." 2. Insofar as the relevant qualification for the post of in- charge Director of the Institute is concerned, the Cadre and - 4 - HC-KAR NC: 2025:KHC:39884-DB WA No. 1435 of 2024 Recruitment Rules of the Institute provide the following qualification for appointment as follows :- "The candidate should hold a degree in medicine; should have a postgraduate qualifications in any subject and should have teaching experience of not less than ten years of which, at least five years as a Professor in the field of Oncology and preferably, a Head of the Department." 3. It is not in dispute that appellant possesses the postgraduate qualification in Oncology and he has teaching experience of more than ten years. He has been working as a Professor for more than five years in the field of Oncology. However, admittedly he did not work as 'Head of the Department' when he was appointed as in-charge Director of the Institute. The required qualification i.e, having worked as 'Head of the Department' is not an essential qualification but only a preferential qualification. Absence of preferential qualification would not render the appellant unqualified for appointment as the in-charge Director of the said Institute. - 5 - HC-KAR NC: 2025:KHC:39884-DB WA No. 1435 of 2024 4. Therefore, the observation of the learned Single Judge that appellant was not eligible to be appointed as in-charge Director of the Institute does not appear to be correct. The said observation is set aside. Accordingly, we hold that once the appellant possesses the essential qualifications for appointment as in-charge Director of the Institute, absence of preferential qualification having worked as 'Head of the Department' would not disqualify him to hold the post of in- charge Director of the Institute. 5. With the above observation, the instant appeal stands disposed of. 6. In view of disposal of the appeal, all pending I.As also stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (RAJESH RAI K) JUDGE NG List No.: 1 Sl No.: 6