- 1 - HC-KAR NC: 2025:KHC-D:8787-DB CCC No. 100282 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND CIVIL CONTEMPT PETITION NO. 100282 OF 2024 BETWEEN: 1. SRI. NAMADEV KALLAPPA MALAGI AGE: 37 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI, R/O: PLOT NO.8, SHIVASHATHI COLONY, RAMATEERTHNAGAR, BELAGAVI DISTRICT BELAGAVI-590016. 2. SRI.PRAKASH DUNDAPPA KODLI AGE: 38 YEARS, OCC: STAFF NURSE, BELAGAVI INSTITUTE OF MEDICAL SCIENCES, BELAGAVI-R/O. NO.399, SECOND MAIN, 5TH CROSS, KUMARSWAMY LAYOUT, BELAGAVI DISTRICT. BELAGAVI-590001. …PETITIONERS (BY SRI. H. M. DHARIGOND, ADVOCATE) AND: 1. SRI. T. K. ANILKUMAR PRINCIPAL SECRETARY TO STATE KARNATAKA DEPARTMENT OF MEDICAL EDUCATION VIKAS SOUDHA, BENGALURU - 560001. 2. DR. SUJATAHA RATHOD THE DIRECTOR OF MEDICAL EDUCATION ANAND RAO CIRCLE, BENGALURU 560001. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:8787-DB CCC No. 100282 of 2024 3. DR. ASHOKKUMAR SHETTY THE DIRECTOR THE BELGAVI INSTITUTE OF MEDICAL SCIENCES (BIMS), BELAGAVI DIST. BELAGAVI 590001. 4. SRI. SIDDU HULLOLLI THE CHIEF EXECUTIVE OFFICER, THE BELAGAVI INSTITUTE OF MEDICAL SCIENCES, (BIMS), BELGAVI, DIST: BELAGAVI 590001. 5. THE STATE KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL EDUCATION. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR PROFORMA R5) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PLEASED TO ALLOW THE CONTEMPT PETITION AND PUNISH THE ACCUSED PERSONS IN ACCORDANCE WITH LAW AND AS PER THE PROVISIONS OF THE CONTEMPT OF COURT ACT FOR HAVING DISOBEYED THE ORDER PASSED BY THIS HON’BLE COURT PASSED IN WP NO.147502/2020 DATED 17-11-2022 VIDE ANNEXURE-A. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND - 3 - HC-KAR NC: 2025:KHC-D:8787-DB CCC No. 100282 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) This contempt petition has been filed under Section 11 and 12 of the Contempt of Court Act,1971, complaining of non-compliance of direction No.3 issued by the learned Single Judge. Direction No.3 was issued to the State Government, Department of Medical Education to consider the representation submitted by the petitioners in the matter of creation of required vacancies in the higher cadres of nursing staff and to consider the request of the complainant for promotion to the higher posts of senior nursing officers and to pass necessary orders as expeditiously as possible and within a period of three months from the date of receipt of certified copy of the order. It is also contended that direction No.5 was issued to the respondents that if some of the private respondents are already transferred to the aforesaid medical colleges, necessary orders shall be passed by the State Government to recall such transfers and post such respondents back in the Department of Health and Family Welfare. - 4 - HC-KAR NC: 2025:KHC-D:8787-DB CCC No. 100282 of 2024 2. These directions were issued while disposing of the writ petition on 17.11.2022. Therefore, the three months as directed by the learned single judge would end somewhere during the end of February-2023. But, the contempt petition is filed on 22.08.2024. The learned AGA is right in his submission that the contempt petition is not maintainable in view of the limitation prescribed in Section 20 of the Contempt of Courts Act. 3. At this juncture, learned counsel for the petitioner contends that there is a continuing cause of action for the petitioners. Such a submission cannot be accepted having regard to the directions issued by the learned single judge. It is clear that three months time was granted to the respondents to pass necessary orders in the matter of creation of required vacancies and for promotion of the petitioners to the higher posts. 4. Therefore, it cannot be said that there is continuing cause of action even insofar as direction No.5 is concerned. It was directed that some of the private - 5 - HC-KAR NC: 2025:KHC-D:8787-DB CCC No. 100282 of 2024 respondents are already transferred to the aforesaid medical colleges, necessary orders shall be passed by the State Government to recall such transfers. Such a direction was to be complied forthwith and there is no time frame fixed therein. In that regard, it cannot be accepted that there is a continuous cause of action. 5. The Hon’ble Apex Court, in the case of S. Tirupathi Rao Vs. M. Lingamaiah1 has held that “ Should the party fail to satisfy the court, the contempt petition is liable to outright rejection. It is on the petitioners to show that there is a “continuing wrong/breach/offence”, if the petitioners seek exemption of the law of limitation.” 6. Having regard to the law settled in this regard and having regard to the directions issued by the learned single judge we are of the considered opinion that there is no continue cause of action which would exempt the petitioners from seeking application of law of limitation in terms of Section 20 of the Act. 1 2024 SCC Online SC, 1764 - 6 - HC-KAR NC: 2025:KHC-D:8787-DB CCC No. 100282 of 2024 7. It is now submitted by the learned counsel for the petitioners that some of the aggrieved persons have preferred writ appeal in respect of the order passed by the learned single judge. In such a situation, it would be permissible for the petitioners to seek for fresh direction at the hands of this Court which is considering the writ appeal. 8. Even otherwise, it is open for the petitioners to seek such a direction once again by filing a writ petition. Contempt Petition is accordingly dismissed. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE HMB CT:ANB List No.: 1 Sl No.: 2