- 1 - HC-KAR NC: 2025:KHC:29899-DB CCC No. 1382 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K CIVIL CONTEMPT PETITION NO. 1382 OF 2024 BETWEEN: 1. DR. RAJESH KUMAR D., S/O. LATE PREMNATH, AGED ABOUT 35 YEARS, IN-SERVICE PG RESIDENT, SDS AND TRC, RAJIV GANDHI INSTITUTE OF CHEST MEDICINE SOMESHWARA NAGARA BEHIND NIMHANS, BENGALURU - 560 029. …COMPLAINANT (BY SRI CHANDAN R., ADVOCATE FOR SRI ASHOKA T., ADVOCATE) AND: 1. MOHAMMAD MOSHIN PRINCIPAL SECRETARY DEPARTMENT OF MEDICAL EDUCATION 6TH FLOOR, MS BUILDING, BENGALURU - 560 001 2. DR. B.L. SUJATHA RATHOD DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, BMCRI PREMISES, BENGALURU - 560 002. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29899-DB CCC No. 1382 of 2024 3. DR. B. SRINIVAS SECRETARY, NATIONAL MEDICAL COMMISSION (ERSTWHILE MEDICAL COUNCIL OF INDIA) POCLET -14, SECTOR -8, DWARKA PHASE -1, NEW DELHI - 110 077 4. DR. C. NAGARAJ DEAN SDS TUBERCULOSIS RESEARCH CENTER AND RAJIV GANDHI INSTITUTE OF CHEST DISEASES SOMESHWARA NAGAR DHARMAM COLLEGE POST 1ST MAIN ROAD, NEAR NIMHANS BANGALORE - 560 029 5. PRADEEP NAIK G., III YEAR MD RESPIRATORY MEDICINE SDS & TRC, RAJIV GANDHI INSTITUTE OF CHEST MEDICINE SOMESHWARA NAGARA BEHIND NIMHANS BENGALURU - 560 029. …ACCUSED 6. STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION, VIKASA SOUDHA, BENGALURU - 560 011. REPRESENTED BY ITS SECRETARY …PRO FROMA RESPONDENT (BY SMT. MAMATH SHETTY, AGA FOR R1 TO R3; SRI CHITHAPPA, ADVOCATE FOR R4 AND SRI K. SREEDHAR, ADVOCATE FRO R5) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO TAKE - 3 - HC-KAR NC: 2025:KHC:29899-DB CCC No. 1382 of 2024 NECESSARY ACTION AGAINST THE ACCUSED IN ACCORDANCE WITH LAW SINCE THEY HAVE WILLFULLY DISOBEYED AND VIOLATED THE ORDER DATED 22.02.2024 PASSED IN WP NO.7951/2022, VIDE ANNEXURE-D AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This Contempt of Court Case is filed alleging non compliance of the order dated 22.02.2024 in W.P.No.7951/2022. 2. It is submitted that the Writ Petition which was filed by the Complainant herein was allowed with costs and direction was issued to allot the seat of MD in Respiratory Medicine to the Complainant. The cancellation of seat allotted to the petitioner was set aside. When there was delay in complying with the directions, the petitioner had - 4 - HC-KAR NC: 2025:KHC:29899-DB CCC No. 1382 of 2024 filed CCC No.314/2024, which was disposed of on 23.09.2024 recording the admission given to the Complainant. However, thereafter it is contended that accused No.5, who was respondent No.6 in the writ petition had thereafter been granted an admission by accused No.1 to 4, which is in contempt of the directions of this Court. 3. We have heard the learned counsel appearing on either side and have considered the contentions as well as the pleadings in the CCC and the objections placed on record by accused No.5. 4. We notice that the direction contained in the judgment to grant admission to the Complainant has been complied with. However, in the meanwhile, accused No.5 had already completed two years of study in pursuance to the admission wrongly granted to him. The complainant had filed W.P.No.32729/2024 challenging the permission given by the Institution to accused No.5 to complete the - 5 - HC-KAR NC: 2025:KHC:29899-DB CCC No. 1382 of 2024 studies by adjusting the admission to a different vacant seat. By judgment dated 25.01.2025, this Court had considered the contentions and had held that in view of the fact that there was no allegation that accused No.5 is ineligible for admission in the in-service Quota for MD in Respiratory Medicine and since the NMC had permitted the admission of accused No.5 as against another vacant seat, there is no reason to interfere in the admission granted to accused No.5. It was held that the writ petitioner cannot be said to be aggrieved by the admission granted to accused No.5. It is pertinent to note that the writ petitioner therein is the Complainant in this contempt of Court case. 5. In view of the facts as stated in the Statement of Objections and the finding of this Court recorded in that W.P.No.32729/2024, we are of the opinion that the contention that the accused are in contempt of the order passed by this Court in W.P.No.7951/2022, cannot be accepted. - 6 - HC-KAR NC: 2025:KHC:29899-DB CCC No. 1382 of 2024 6. The contempt of Court case is accordingly dropped. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 62