- 1 - HC-KAR NC: 2025:KHC-D:18029 WP No. 106120 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106120 OF 2023 (S-RES) BETWEEN: PROF. DR. HEMAGIRI K. S/O/ KALAPPA A.D., AGE 47 YEARS, PROFESSOR & HOD, DEPARTMENT OF COMMUNITY MEDICIENE, KARWAR INSTITUTE OF MEDICAL SCIENCES, M.G. ROAD, KARWAR-581301. … PETITIONER (BY SRI. CHENNEKATHAPALLI RAM FOR SRI C.R. BHASKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHEIF SECRETARY, GOVERNMENT OF KARNATAKA, BENGALURU-560001. 2. THE PRINCIPAL SECRETARY, GOVERNMENT OF KARNATKA, HEALTH AND FAMILY WELFARE, (MEDICAL EDUCATION), ROOM NO.610, VI FLOOR, IV BLOCK, MULTI STOREYED BUILDING, BENGALURU-560001. 3. THE DIRECTOR OF MEDICAL EDUCATION, BMRCI BUILDING, I FLOOR, KALASIPALYAM, BANGALORE-560018. 4. DR. GAJANANA H.NAYAK, DIRECTOR, KARWAR INSTITUTE OF MEDICAL SCIENCES, KARWAR-581301. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.12 12:06:00 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18029 WP No. 106120 of 2023 5. THE CHIEF ADMINISTRATIVE OFFICER, KARWAR INSTITUTE OF MEDICAL SCIENCES, KARWAR-581301. … RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP FOR R1 TO R3; SRI. HAREESH S.NAYAK, ADVOCATE FOR R5; SRI. PAVAN S. DODDATTI, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (I) TO ISSUE A WRIT OF CERTIORARI / ANY OTHER WRIT OR ORDER QUASHING THE IMPUGNED APPOINTMENT ORDER AT ANNEXURE-H1 AND H2 (H2 IS THE AMENDED NOTIFICATION) NO. MED 379 MPS 2022 DATED 19-08-2022 ISSUED BY THE 2ND RESPONDENT APPOINTING THE RESPONDENT NO.4 AS DEAN CUM DIRECTOR TO THE KARWAR INSTITUTE OF MEDICAL SCIENCES, KARWAR AS ILLEGAL, ULTRA VIRES THE BY-LAW AND C AND R RULES OF THE INSTITUTE. (II) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER AS THIS HON’BLE COURT MAY DEEM FIT AND PROPER APPOINTING THE PETITIONER AS DEAN CUM DIRECTOR TO THE 5TH RESPONDENT INSTITUTE IMMEDIATELY, AND (III) GRANT SUCH OTHER RELIEF/S AS THIS HON’BLE COURT MAY DEEM FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:18029 WP No. 106120 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “(i) to issue a writ of certiorari / any other writ or order quashing the impugned appointment order at annexure-H1 and H2 (H2 is the amended notification) No. MED 379 MPS 2022 dated 19-08-2022 issued by the 2nd respondent appointing the respondent No.4 as Dean cum Director to the Karwar Institute of Medical Sciences, Karwar as illegal, ultra vires the by- law and C and R Rules of the Institute. (iv) issue a writ of mandamus or any other writ or order as this Hon’ble Court may deem fit and proper appointing the petitioner as Dean cum Director to the 5th respondent Institute immediately, and (v) grant such other relief/s as this Hon’ble Court may deem fit and proper in the circumstances of the case, in the interest of justice and equity.” 2. Learned counsel appearing for the respondents submits that the challenge in the case at hand is to the appointment of the fourth respondent as Dean cum Director of the fifth respondent - Institution. - 4 - HC-KAR NC: 2025:KHC-D:18029 WP No. 106120 of 2023 3. Learned counsel for the respondents in unison would submit that the Dean cum Director has retired from service on attaining the age of superannuation. 4. In the light of the said subsequent development, the challenge to the appointment of the fourth respondent to the fifth respondent - Institute has become academic. Therefore, the petition is disposed as having become academic or infructuous as the case would be. Sd/- (M.NAGAPRASANNA) JUDGE Vnp / CT: ASC List No.: 1 Sl No.: 51