- 1 - HC-KAR NC: 2025:KHC-D:11840 WP No. 109443 of 2014 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 109443 OF 2014 (S-RES) BETWEEN: PRASHANT NARAYAN DIXIT, S/O NARAYAN DIXIT, AGE: 39 YEARS, OCC: ASSOCIATE PROFESSOR, DEPARTMENT OF PHYSIOLOGY, KOPPAL INSTITUTE OF MEDICAL SCIENCE, KOPPAL. …PETITIONER (BY SRI DINESH M. KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY SECRETARY OF MEDICAL EDUCATION, VIKAS SOUDHA, BANGALORE. 2. THE DIRECTOR OF MEDICAL EDUCATION, ANAND RAO CIRCLE, BANGALORE. 3. THE MANDYA INSTITUTE OF MEDICAL SCIENCE, MANDYA, REPRESENTED BY ITS DIRECTOR. 4. KOPPAL INSTITUTE OF MEDICAL SCIENCE, KOPPAL, REPRESENTED BY ITS DIRECTOR. …RESPONDENTS (BY SRI ASHOK T. KATTIMATNI, AGA FOR R-1 AND R-2) (R-3 AND R-4 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH ANNEXURE-K BEARING Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11840 WP No. 109443 of 2014 NO.MIMS/SIBBANDI(1)/30/2011-12 DATED 30.08.2014 ISSUED BY THE 3RD RESPONDENT AS NULL AND VOID. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) In this petition, the petitioner seeks the following relief: “A) To issue a writ in the nature of certiorari to quash Annexure-K bearing No.MIMS/Sibbandi(1)/30/ 2011-12 dated 30.08.2014 issued by the 3rd respondent as null and void. B) Issue any other writ or direction as this Hon’ble Court may deem fit in the interest of justice and equity.” 2. Heard the learned counsel for the petitioner, the learned Additional Government Advocate for respondents No.1 and 2. 3. Respondents No.3 and 4 having been served with the notice of this petition have chosen to remain unrepresented and have not contested this petition. 4. A perusal of the material on record will indicate that the petitioner was appointed as an Associate Professor, Department of Physiology, in respondent No.3-Mandya Institute - 3 - HC-KAR NC: 2025:KHC-D:11840 WP No. 109443 of 2014 of Medical Sciences, Mandya (for short, ‘the MIMS’) and he joined service on 02.01.2012. On 22.02.2014, respondent No.3 issued “No Objection Certificate” stating that they have no objection for the petitioner to attend interview called for by the Director of Medical Education for all newly established Government Medical Colleges and an “Experience Certificate”, dated 22.02.2014, was also issued by respondent No.3. 5. Respondent No.4-Koppal Institute of Medical Sciences, Koppal (for short, ‘the KIMS’), having opened the institute at Koppal, addressed a communication dated 09.05.2014 to respondent No.3-MIMS requesting respondent No.3-MIMS to relieve the petitioner/faculty member for the purpose of being appointed in respondent No.4-KIMS. In pursuance of the same, the petitioner submitted a resignation letter dated 12.05.2014, which was accepted by respondent No.3, who issued an endorsement dated 15.05.2014 categorically/specifically stating that the petitioner was being relieved from service with effect from 15.05.2014. Accordingly, a Movement Order dated 13.05.2014 was also issued by the respondent No.4-KIMS, which confirms that the petitioner had - 4 - HC-KAR NC: 2025:KHC-D:11840 WP No. 109443 of 2014 reported to duty with respondent No.4-KIMS. Subsequently, respondent No.3-MIMS issued a report endorsement inter alia stating that the petitioner had resigned without giving three months’ notice and was liable to pay three months salary to respondent No.3. The petitioner having issued a reply dated 27.08.2014, respondent No.3 proceeded to pass the impugned order under Annexure-K dated 30.08.2014, purporting to recover the sum of Rs.2,29,842/- from the petitioner, aggrieved by which the petitioner is before this court by way of the present petition. 6. A perusal of the aforesaid facts and circumstances is sufficient to come to the conclusion that respondent No.3-MIMS itself issued “No Objection Certificate” and the work experience certificate, and stated that it has no objection for the petitioner to join any other college/institute established by the State Government. In pursuance of the said “No Objection Certificate” and experience certificate, respondent No.4-KIMS specifically called upon respondent No.3 to issue a relieving letter, which accordingly was issued by respondent No.3 vide Annexure-F dated 15.05.2014 and the petitioner joined the services of - 5 - HC-KAR NC: 2025:KHC-D:11840 WP No. 109443 of 2014 respondent No.4-KIMS on 13.05.2015. Under these circumstances, having issued a “No Objection Certificate”, work experience certificate and relieving letter, respondent No.3 is clearly estopped, in fact and in law from resiling from its earlier stance/conduct and directing to recover three months’ salary especially after accepting the resignation letter without any demur/objection and also after issuing relieving letter in favour of the petitioner. Accordingly, I am of the considered opinion that the impugned notice at Annexure-K issued by respondent No.3- MIMS deserves to be quashed. 7. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned notice dated 30.08.2014 (Annexure-K) issued by respondent No.3 is hereby quashed. Sd/- (S.R. KRISHNA KUMAR) JUDGE KMS CT:GSM List No.: 1 Sl No.: 38