Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:41347 WP NO.56153 OF 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.56153 OF 2017 (GM-RES) BETWEEN:
SRI. DARSHAN M.S.
S/O M.R. SHIVANANDA MURTHY, AGED ABOUT 31 YEARS, NO.26/428, NEW CONVENT LAYOUT, BEHIND TVS SHOWROOM, SIDDARTHNAGAR, CHAMARAJNAGAR - 571 313. …PETITIONER (BY SRI. ANIL KUMAR R., ADVOCATE) AND:
1.
MEDICAL COUNCIL OF INDIA REP. BY ITS SECRETARY, POCKET-14, SECTOR-8, DWARAKA, NEW DELHI - 110 077.
2.
THE REGISTRAR KARNATAKA MEDICAL COUNCIL, #16/6, MILLER TANK BED AREA, VASANTHNAGAR, BENGALURU - 560 052.
3.
THE PRINCIPAL / DEAN SUBBAIAH INSTITUTE OF MEDICAL SCIENCES, NH-13, H.H. ROAD, PURALE, SHIVAMOGGA - 577 222.
Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:41347 WP NO.56153 OF 2017
4.
THE PRINCIPAL / DEAN CHAMARAJANAGAR INSTITUTE OF MEDICAL SCIENCES, CHAMARAJARANAGAR - 571 313. …RESPONDENTS (BY SRI. N. KHETTY, ADVOCATE FOR R1;
SMT. RATHNA SHIVAYOGIMATH, ADVOCATE FOR R2;
SRI. S.B. TOTAD, ADVOCATE FOR R3;
SRI. MAHANTESH SHETTAR, AGA FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 01st DECEMBER, 2017 PASSED BY THE RESPONDENT NO.1 IN THE PROCEEDINGS INITIATED VIDE ANNEXURE-A; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER In this writ petition, the petitioner is challenging the order dated 01st December, 2017 (Annexure-A) passed by the respondent No.1.
2. Heard Sri. Anil Kumar R., learned counsel appearing for the petitioner; Sri. N. Khetty, leaned counsel appearing for the respondent No.1; Smt. Rathna Shivayogimath, learned
- 3 -
HC-KAR NC: 2025:KHC:41347 WP NO.56153 OF 2017
counsel appearing for the respondent No.2; Sri. S.B. Totad,
learned counsel appearing for the respondent No.3; and Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for the respondent No.4.
3. Having taken note of the submission made by
learned counsel appearing for the parties, I have perused the averments made in the impugned order dated 01st December, 2017 (Annexure-A), the same would indicate that the respondent No.1 resolved to seeking explanation from the petitioner for his appearance before the respondent No.4- Institution as he had purportedly appeared for M.C.I. inspection in the respondent No.3-Institution. It is not in dispute that the petitioner was working in the Government Medical College and as the service of the petitioner has been made in the Government College, I am of the view that, no useful purpose would be served to go into the merits of the case at this juncture. Perusal of the writ petition would also indicate that the petitioner was working in the Government College and serving the Society for more than seven years without any complaint/stigma. In that view of the matter, the petition
- 4 -
HC-KAR NC: 2025:KHC:41347 WP NO.56153 OF 2017
deserves to be allowed. Accordingly, writ petition is allowed.
Order dated 01st December, 2017 (Annexure-A) passed by the respondent No.1 is hereby set-aside.
Sd/- (E.S. INDIRESH) JUDGE
ARK List No.: 1 Sl No.: 33