- 1 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 11137 OF 2020 (S-RES) BETWEEN: 1. RAJEGOWDA S B S/O. BHADREGOWDA, AGED ABOUT 45 YEARS, RAMANATHAPURA KOTAVALU ARAKALAGUDU TALUK, HASSAN DISTRICT-573 102. 2. SHANTAMMA. T W/O. G. H. RANGASWAMY, AGED ABOUT 44 YEARS, AMBEDKAR NAGARA, GORUR VILLAGE AND POST, HASSAN TALUK AND DISTRICT-573 120. 3. RANGANATHA S/O. PUTTEGOWDA, AGED ABOUT 47 YEARS, MARKVALLI VILLAGE AND POST, SHANTIGRAMA HOBLI, HASSAN DISTRICT AND TALUK-573 201. 4. MANJULA. K. S. D/O. SANNEGOWDA, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 AGED ABOUT 40 YEARS, BEERUGA VILLAGE, KURCHI POST, SRIMANGALA HOBLI, MADAKERI TALUK, MADAKERI DISTRICT-571 217. 5. SHANTAMMA D/O. JOSEPH, AGED ABOUT 45 YEARS, STAFF NURSE SRC CONTRACT, P.H.C. KONANDUR, THIRTHA HALLI TALUK, SHIMOGA DISTRICT-577 422. 6. VIJYAKUMARI. M D/O. SIDDARAJU. C, AGED ABOUT 47 YEARS, ALADAMARADA ROAD, OPP. SIDDAIAHNAPURA VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGAR DISTRICT-571 440. 7. SHARADAMMA. R W/O. NARAYANASWAMY, AGED ABOUT 47 YEARS, SOMESHWARPALYA, MULUBAGLU, KOLAR DISTRICT-563 131. 8. BHARATHI. P. T. D/O. P.P. UTHAPPA, AGED ABOUT 49 YEARS, KALALA VILLAGE, KOYANADU POST, SAMPAJE MADIKERI TALLUK, - 3 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 MADIKERI DISTRICT-571 201. 9. VISHALAKSHAMMA. K. L. D/O. LAKSHMANA MURTHY, AGED ABOUT 43 YEARS, STAFF NURSE PHC, JAJUR, CHALLAKERE TALLUK, CHITRADURGA DISTRICT-577 522. 10. REVENAPPA. N. R. S/O. NARYANAPPA REDDY, AGED ABOUT 43 YEARS, KADENANDIHALLI VILLAGE AND POST, SHIKARI PURA TALUK, SHIMOGA DISTRICT-577 428. 11. MANJUNATHA. C. S. S/O. SUBBAPPA. C. M., AGED ABOUT 36 YEARS, CHANNAMALLIPURA VILLAGE, MADUR POST, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111. 12. ARATI KUNTOJI D/O. VIRUPAXAYYA, AGED ABOUT 43 YEARS, STAFF NURSE PHC, HULAGERI, KUSHTAGI TALUK, KOPPAL DISTRICT-583 281. 13. VIDYA. K. MATHAD D/O. KRISHNAJI, - 4 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 AGED ABOUT 43 YEARS, AMBADAGATTI VILLAGE AND POST, BILAHONGAL, BELAGAM TALUK AND DISTRICT-591 112. 14. LATHA PATIL W/O. KALAGOUDA, AGED ABOUT 44 YEARS, R/AT C/O. K.R. PATIL, H. NO.303/15, PATIL MALA BELAGAVI, BELAGAVI TLAUK, BELGAUM DISTRICT-590 001. 15. SHIVAPRASAD. K. M. S/O. MAHADEVAPPA. K. L., AGED ABOUT 36 YEARS, KOTHEGEHALA VILLAGE, HANAGODU HOBLI, HUNUSUR TALUK, MYSURU DISTRICT-571 134. 16. RASHMI. G. D. D/O. DEVAIAH. G. B., AGED ABOUT 43 YEARS, R/AT NO. 222, 5TH CROSS, NEAR K.V. SCHOOL, RAGHAVENDRA NAGARA, MYSURU-570 011. 17. MANGALAMMA. H. G. D/O. GANGANNA. C, W/O. NAGARAJU, AGED ABOUT 49 YEARS, C/O. GENERAL HOSPITAL, - 5 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 B.M. ROAD, KUNIGAL TOWN, TUMKUR DISTRICT-572 130. 18. LALITHAMBA. N. G. W/O. GURAPADASWAMY, AGED ABOUT 36 YEARS, KONASURU VILLAGE AND POST, PERIYAPATNA TALUK, MYSURU DISTRICT-571 102. 19. STELLA RESHMA ROSALINE W/O. MARIYAN GEORGE, AGED ABOUT 41 YEARS, ALPHINS NAGARA VILLAGE, SRINIVASAPURA POST, CHANNARAYA PATTANA TALUK, HASSAN DISTRICT-573 116. 20. NAGAMANI. S W/O. DEVARAJU. K. M., AGED ABOUT 46 YEARS, R/A No.338, KANAKANAPALYA, BANGARPET ROAD, KOLAR-563 101. 21. SUJATHA W/O. LATE KUMAR, AGED ABOUT 46 YEARS, KANNAGHATTA, DADAGA POST, BELLURU HOBALI, NAGAMANGALLA TALUK, MANDYA DISTRICT-571 418. 22. SHALINI D/O. NINGAPPA, - 6 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 AGED ABOUT 43 YEARS, GODIHAL POST, HALAGERA TALUK, SHAHAPUR, YADGIRI DISTRICT-585 202. 23. MANJULA G. C. W/O. KARI BASAPPA. S. M., AGED ABOUT 42 YEARS, HANUPINA KATTE ROAD, NEAR SHARADA DEVI BLIND SCHOOL, GOPALA, SHIMOGA TALUK AND DISTRICT-577 201. 24. TEJESHWARI. G. C. D/O. CHANDRASHEKHARAPPA. G, AGED ABOUT 42 YEARS, C/O. JATHAPPA HOTEL, HORAKERE, JAGALUR TOWN, JAGALUR TALLUK, DEVENAGERI DISTRICT-577 528. 25. ELLUBAI. K. N. W/O. NANJUNDA RAO, AGED ABOUT 47 YEARS, STAFF NURSE, KULAMBI OLD HOSPITAL QUATRAS, KULIMBI AT POST DAVENGERE TALUK AND DISTRICT-577 219. 26. PRABHU VADI MATADA KUMUDA W/O. O. SHIVAPRAKASH, AGED ABOUT 41 YEARS, MYDURU POST, HARAPANAHALLI TALUK, DEVENGERE DISTRICT-583 127. - 7 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 27. DILSHAD BEGUM SHEKHSANADI D/O. IMAMSAB, AGED ABOUT 43 YEARS, KAMADOD VILLAGE, KAMADOD POST, HAVERI DISTRICT-581 145. 28. MANJULAMMA. C W/O. RAMESH. K, AGED ABOUT 42 YEARS, C/O. K.R.N. KRISHNA MURTHI, 1ST MAIN, 3RD CROSS, MUNESHWARA NAGAR, KOLAR-563 101. 29. PREMAVATHAMMA. M W/O. RAMESH. N, AGED ABOUT 43 YEARS, P.C. EXTENSION, 1ST MAIN, 1ST CROSS, KOLAR-563 101. 30. SHILA. P. R. D/O. RAGAVAN. P.K., AGED ABOUT 42 YEARS, R/AT RAJESH NILAYA, H.NO. 245584, ATTAVARA BAVAGUDDA, MANGALORE-575 001. 31. BHARATI KOLI W/O. SURESH KHANPUR, AGED ABOUT 45 YEARS, KHANPUR, - 8 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 NEAR IMA HALL, YOGIKOLLI ROAD GOKAK, GOKAK TALLUK, BELAGAUM DISTRICT-591 307. 32. SAMADHANA D/O. MARKAPPA, AGED ABOUT 43 YEARS, ASHANALA POST, RAMASAMUDRA, YADGIRI TALLUK, YADIGIR DISTRICT-585 321. 33. PUSHPA RANI D/O. SUMANTH.G, AGED ABOUT 43 YEARS, H. NO. 15395/1 BANK COLONY, KUMBARAWADA ROAD, BIDAR TALUK, BIDAR DISTRICT-585 403. 34. SUPREETHA. N W/O. SURESH KUMAR.N, AGED ABOUT 45 YEARS, R/AT NO.311, ALHAREEM LAYOUT, GOPALA, SHIMOGA TALUK, SHIMOGA DISTRICT-577 205. 35. SHOBA. V. N. D/O. NAGARAJJAPPA. V, AGED ABOUT 44 YEARS, R/AT NO. 2320/595, VIBHA NILAYA, 1ST CROSS, 1ST MAIN, CHIKKAMANI, DEVERAJEURS BADAVANE, - 9 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 DAVANAGERE-577 005. 36. SHOBA D/O. GONAPPA, W/O. PRAKASH. S.A. PRIMARY HEALTH CENTER, SASVEHALLI VILLAGE AND POST, DAVANAGERE TALUK AND DISTRICT-577 244. 37. LATHA. U D/O. UMESHAPPA H.M, PRIMARY HEALTH CENTRE QUARTERS, RAMAGOMDANA HALLI VILLAGE, BADA POST, DAVANAGERE TALLUK AND DISTRICT-577 514. 38. VEENA. M. S. D/O. SHIVANNA. R.B., AGED ABOUT 40 YEARS, TIMBER MERCHANT, B.M. ROAD, KOPPA VILLAGE, PERIYAPATTNA TALUK, MYSORE DISTRICT-571 104. 39. MANOHARI D/O. MALLAPPA, W/O. VEERABHADRAPPA. M.S., AGED ABOUT 46 YEARS, N.M. ROAD, KODLIPET AT POST, MADIKERI DISTRICT-571 231. 40. BHSEERA R. LAXIMISWAR D/O. RAJESAB LAXMESHWAR, AGED ABOUT 44 YEARS, - 10 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 (MYAGERIONI) SHIRAHATTI VILLAGE POST, AND TALLUK, GHADAG DISTRICT-582 120. 41. LATHA. B. R. W/O. PRAKESH, AGED ABOUT 41 YEARS, KORA AT POST, TUMKUR TALUK AND DISTRICT-572 128. 42. RADHAMMA. B. P. W/O. BASVARAJ. S., AGED ABOUT 43 YEARS, NEAR SUBRAMANYA SWAMY TEMPLE, DEVIRAPPA STREET, TARIKERE, CHIKKAMAGALURU-577 228. 43. MANJULA. S W/O. ANJINEYA. A, AGED ABOUT 43 YEARS, SAMUDAYA AROGYAKENDRA, TELIGE VILLAGE AT POST, HARAPANAHALLI TALUK, DAVANAGERE DISTRICT-583 137. 44. SAVITHA. H. C. D/O. CHANDRASHEKARA, W/O. PRAKASH. N. S. AGED ABOUT 42 YEARS, STAFF NURSE, DISTRICT GOVERNMENT HOSPITAL, CHIKKAMAGALURU-577 101. 45. ZULEKHA D/O. CHANDPASHA PATEL, - 11 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 AGED ABOUT 45 YEARS, C/O.M. A. PUNEKAR SHAKTI NAGAR, JAIL DARDA ROAD BIJAPUR, BIJAPUR DISTRICT-586 102. 46. SULOCHANA. N D/O. NINGAPPA.D, AGED ABOUT 45 YEARS, STAFF NURSE GOVERNMENT HOSPITAL SORABA, SHIMOGA-577 429. 47. CHANDRAKALA D/O. SHANTARAM NAIK, AGED ABOUT 51 YEARS, C/O. MALLYYA GUTTADAR, VENKATESWER NILAYA, HOSALLI CROSS, WATER TANK, BEHIND YADGIR-585 202. 48. SHILPA MALLAPPA MUDIGOUDAR D/O. MALLAPPA, AGED ABOUT 36 YEARS, SHILPA MALLAPPA MUDIGOUDAR AT POST, GUNDAGATTI, HAVERI-581 111. 49. SMT. M.MANJULA D/O LATE MADEGOWDA AGED ABOUT 46 YEARS, R/A T.N.PURA TALUK, MYSURU DISTRICT-570010. 50. SMT. K.D.MANJULA W/O K.S.UMESH - 12 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 AGED ABOUT 48 YEARS, R/A No.C-2/10/4, KAIGA TOWN SHIP, MALLAPURA KARWAR-581400. …PETITIONERS (BY SRI. K S MALLIKARJUNAIAH., ADV.) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE DEPARTMENT, ANANDARAO CIRCLE, BENGALURU-560 009, REP BY ITS PRINCIPAL SECRETARY. 2. THE DIRECTOR DIRECTOR OF MEDICAL EDUCATION, ANANDA RAO CIRCLE, BENGALURU-560 009. 3. THE COMMISSIONER DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, ANANDA RAO CIRCLE, BENGALURU-560 009. 4. THE MEMBER SECRETARY SPECIAL APPOINTMENT COMMITTEE DEPARTMENT OF HEALTH AND FAMILY WELFARE - 13 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 SERVICES, ANANDARAO CIRCLE, BENGALURU-560 009. …RESPONDENTS (BY SRI. B.J.ESWARAPPA, AGA) THIS WP FILED PRAYING TO QUASH THE ORDER DATED 27.02.2020 VIDE ANNEXURE-A ISSUED BY THE R-4 AS UNCONSTITUTIONAL, DIRECT THE R-4 TO CONSIDER THE SERVICE OF THE PETITIONERS AS A STAFF NURSES AND POST THEM AS A STAFF NURSES AGAINST THE VACANCIES IN THE R-3 DEPARTMENT, DIRECT THE R-4 TO CONSIDER THE APPLICATION OF THE PETITIONERS AS PER SPECIAL RECRUITMENT RULES 2017 AND GRANT AN INTERIM ORDER TO DIRECT THE R-2 AND 3 TO CONTINUE THE SERVICE OF THE STAFF NURSE IN THE R-3 DEPARTMENT AN NOT TO RELIVE IN PURSUANCE OF THE PROVISIONAL SELECTION OF 886 NURSES VIDE NOTIFICATION DATED 27.02.2020 ANNEXURE-A PUBLISHED BY R-4 PENDING CONSIDERATION OF THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 14 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER Learned counsel for the petitioners submits that the petitioner No.1 confines his prayer to prayer No.1 for the time being and they do not press prayer Nos.2 to 4. 2. The petitioners have filed this writ petition seeking for the following prayers: "a) Issue a writ of certiorari, or any appropriate writ order or direction of like nature quashing the order No.SRC/21/2017-18 dated 27.02.2020 vide Annexure-A issued by the 4th respondent as unconstitutional. b) Issue a writ of mandamus or any other appropriate writ, order or direction of like nature directing the 4th respondent to consider the service of the petitioners as a staff nurses and post them as a staff nurses against the vacancies in the 3rd respondent Department. c) Issue a writ of mandamus or any other appropriate writ, order or direction of like nature directing the 4th respondent to consider the - 15 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 application of the petitioners as per special recruitment Rules 2017. d) Grant such other relief as this Hon'ble Court deems to fit to grant in the facts and circumstances of the case in the interest of justice and equity. 3. Brief facts leading rise to the filing of this writ petition are as follows: The petitioners are working as staff nurses in the Primary Health Centres and Government Hospitals in various parts of the State, appointed on an adhoc basis during 2000-01 to 2006-07 by the Karnataka State Health and Family Welfare Department on a monthly salary of Rs.3,000/- and the State Government enhanced their remuneration from time to time and at present the petitioners are drawing. The petitioners, including about 889 other similar types of nurses appointed on a contract basis, submitted a representation to the Hon'ble Chief Minister of Karnataka requesting to regularize their service, as they have completed about 15 to 20 years of service in the Health Department. The respondents have - 16 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 not passed any orders on the said representation. Hence, this writ petition. 4. The State filed the statement of objections stating that in the Special Recruitment Rules issued by the Court on 27.05.2017, all candidates were provided with age relaxation, only if they have claimed age relaxation in online form. However, the contention of the petitioners to regularise their service under the contract basis is not within the perview of the Recruitment Committee. Hence, on these grounds, prays to dismiss the writ petition. 5. Heard the learned counsel for the petitioners and also the learned Additional Government Advocate for the respondents. 6. Learned counsel for the petitioners submits that the petitioners have submitted a representation vide Annexure-A requesting the respondents to regularize their - 17 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 service. He submits that similarly placed nurses were already approached this Court in W.P.No.6238/2000 C/w W.P.No.48123/2019, disposed off on 17.03.2025 and also W.P.No.40204/2012 C/w W.P.No.54553/2014 disposed off on 22.07.2024. The respondents may be directed to consider the representation vide Annexure-A in terms of the order passed in the aforesaid writ petitions. Hence, on this ground, prays to allow the writ petition. 7. Per contra, the learned Additional Government Advocate submits that if reasonable time is granted, the respondents would consider the representation vide Annexure-A and pass an appropriate order, in accordance with law. 8. Perused the records and considered the submissions of the learned counsel for the parties. 9. The petitioners are working as nurses in the Government Hospital in different parts of the State for more than 15 to 20 years and they submitted a - 18 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 representation to the respondents requesting them to regularize their service. The similarly placed nurses approached this Court in W.P.No.6238/2000 C/w W.P.No.48123/2019, disposed off on 17.03.2025 and also W.P.No.40204/2012 C/w W.P.No.54553/2014 disposed off on 22.07.2024. Though the petitioners have submitted a representation, the respondents have not passed any order on the said representation. The learned Additional Government Advocate submits that if sufficient time is granted, the respondents would consider the representation of the petitioners. 10. In view of the above discussion and the submission of the learned Additional Government Advocate, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The respondents are directed to consider the representation vide Annexure-A in terms of the orders passed by this Court in - 19 - HC-KAR NC: 2025:KHC:43324 WP No. 11137 of 2020 W.P.No.6238/2000 C/w W.P.No.48123/2019, disposed off on 17.03.2025 and W.P.No.40204/2012 C/w W.P.No.54553/2014 disposed of on 22.07.2024, and pass an appropriate order in accordance with law within 8 weeks from the date of receipt of the copy of this order. iii. The respondents are directed not to relieve the petitioners from service till the respondents consider the representation of the petitioners. iv. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB