IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT APPEAL NO. 571 OF 2024 (S-RES) C/W CIVIL CONTEMPT PETITION 575 OF 2023 (CIVIL) WRIT APPEAL NO. 276 OF 2024 (S-RES) WRIT APPEAL NO. 446 OF 2024 (S-RES) IN WA NO.571 OF 2024: BETWEEN: BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE FORTE, K.R. ROAD BENGALURU-560 002 REPT BY ITS DIRECTOR AND DEAN ...APPELLANT (BY SRI. MALIPATIL P.S., ADVOCATE) AND: 1 . THE STATE OF KARNATAKA DEPT. OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION) M.S. BUILDING, 6TH FLOOR DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001 REPT. BY ITS PRL. SECRETARY 2 . THE DEPT. OF PERSONNEL AND ADMINISTRATIVE REFORMS (SERVICE RULE-2) VIDHANA SOUDHA BENGALURU-560 001 REPT. BY ITS PRL. SECRETARY - 2 3 . THE DEPT. OF FINANCE VIDHANA SOUDHA BENGALURU-560 001 REPT. BY ITS PRL. SECRETARY 4 . SRI. H.R. DINESHA S/O SRI. H.R. RAMACHANDRA AGED ABOUT 36 YEARS R/AT. HANYALU VILLAGE ANANDURU POST RAMANATHAPURA HOBLI ARAKALAGUDU TQ DIST. HASSAN-573 150 5 . SMT. RANI K.S. W/O SRI. PARAMESHWAR AGED ABOUT 38 YEARS R/AT. KONDAJI VILLAGE AND POST DANDINASHIVARA HOBLI TURUVEKERE TQ DIST. TUMKUR-572 227 6 . SRI. RAGHAVENDRA G. S/O SRI. GUNDAPPA S. AGED ABOUT 38 YEARS R/AT. P. MAHADEVAPURA VILLAGE PARASHURAMAPURA HOBLI CHALLKERE TQ DIST. CHITRADURGA-577 508 7 . SRI. LINGARAJU R. BHODH S/O LATE RAJANNA AGED ABOUT 39 YEARS R/AT. BANAHALLI VILLAGE AND POST SANTHEMARAHALLI HOBLI CHAMARAJANAGAR TQ AND DISTRICT-571 124 8 . SRI. SAKSHYAPPA Y. S/O SRI. YANGAPPA AGED ABOUT 37 YEARS R/AT. K.C. PURA BRAMHAPURA POST - 3 AIMANGLA HOBLI, HIRIYURU TQ DIST. CHITRADURGA-577 546 9 . SRI. MAHADEVA B.N. S/O SRI. NAGARAJU AGED ABOUT 37 YEARS R/AT. BOPPASAMUDRA VILLAGE MADDUR TQ DIST. MANDYA-571 428 10 . SRI. RAVI N. S/O SRI. NARAYANAPPA AGED ABOUT 38 YEARS R/AT. GULYA VILLAGE HEGGADADHENAHALLI POST THUBUGERE, DODDABALLAPURA TQ BENGALURU RURAL DIST.-562 103 11 . SMT. KAVITHA S.D. D/O SRI. DODDARANGAPPA G. AGED ABOUT 37 YEARS R/AT. SIDDARAMANAGAR HOSADURGA TOWN DIST. CHITHRADURGA-577 527 12 . SMT. PARVATHI H. D/O LATE SRI. HOOVAIAH AGED ABOUT 41 YEARS R/AT. BANAVE VILLAGE KAVERIPURA POST TALAKADU HOBLI T. NARASIPURA TQ. DIST. MYSURU-571 124 13 . SRI. N.S. SHANKARA S/O SRI. SUBBARAYAPPA AGED ABOUT 36 YEARS R/AT. NARASIMHAHALLI VILLAGE THUBUGERE POST DODDABALLAPURA TQ. BENGALURU RURAL DIST.-561 203 - 4 14 . SMT. RAMYA S. D/O SRI. SHEKHAR A. AGED ABOUT 35 YEARS R/AT. ANANDAPURA, S.N. ROAD CHANNAPATNA TQ. DIST. RAMANAGARA - 562 160 15 . SRI. RANGASWAMY K. S/O SRI. KARERANGAIAH AGED ABOUT 33 YEARS R/AT. BHARMAPURA VILLAGE AIMANGLA HOBLI, HIRIYURU TQ. DIST. CHITHRADURGA-577 599 16 . SRI. HANUMANTHARAYA R. S/O SRI. RAMANNA AGED ABOUT 39 YEARS R/AT. N. DEVARAHALLI VILLAGE MAHADEVAPURA POST CHALLAKERE TALUK CHITHRADURGA DISTRICT-577 536 17 . MARY PREMA A. D/O LATE AROKIYA SWAMY AGED ABOUT 39 YEARS RESIDING AT No.133, 'B' BLOCK 7TH CROSS, JANAKIRAMA LAYOUT MASJID ROAD, LINGARAJAPURAM BENGALURU-560 084 18 . SRI. CHANDRAPPA E. S/O SRI. EKANTHAPPA AGED ABOUT 50 YEARS R/AT. BIDARAKERE VILLAGE AND POST JAGALURU TALUK DAVANAGERE DISTRICT-577 521 19 . SMT. CHANDRAKALA S. W/O SRI. HARISHA T.S. AGED ABOUT 33 YEARS R/AT. THITTANAHOSAHALLI VILLAGE BINDIGANAVILE HOBLI, NAGAMANGALA TALUK MANDYA DISTRICT-571 418 - 5 20 . SMT. SUDHA R. D/O SRI. RAMAIAH AGED ABOUT 39 YEARS RESIDING AT RAMAIANAPURA VILLAGE YERAGANAHALLI POST HARDANAHALLI HOBLI CHAMARAJANAGAR TALUK AND DISTRICT-571 127 21 . SRI. SREEDHAR V. KHANAPUR S/O VIRUPAKSHAPPA AGED ABOUT 42 YEARS R/AT. No.51, 1ST MAIN ROAD VENKATESHWARA LAYOUT VIJAYANAGAR, 2ND STAGE BENGALURU-560 040 22 . SRI. SHIVAKUMAR C. S/O CHIKKANNA AGED ABOUT 36 YEARS No.28, 1ST FLOOR, 4TH CROSS NARASAPPA BADAVANE DODDABIDARKALLU BENGALURU-560 073 23 . SMT. ASHA G. D/O GOVINDAPPA M. AGED ABOUT 39 YEARS R/AT. RANGANATHAPURA VILLAGE ANEGERE POST, KADURU TALUK CHIKKAMANGALORE DIST.- 577 548 24 . SRI. PUSHPALATHA N.G. W/O RANGANATHA AGED ABOUT 35 YEARS No.120, VEERANAHALLI VIRGONAGAR BENGALURU-560 049 25 . SMT. RANI C. W/O RAVI H.N. AGED ABOUT 42 YEARS R/AT. HOORUDAHALLI VILLAGE MADUGIRI POST - 6 GUNDLUPETE TALUK CHAMARAJANAGAR DIST.-571 123 26 . SRI. SURESH G.B. S/O BHEEMAIAH AGED ABOUT 40 YEARS R/AT. GHATTADAHALLI V. BELURU TALUK HASSAN DIST.-573 121 27 . SMT. JAYALAXMI W/O GOPALAIAH G. AGED ABOUT 34 YEARS R/AT. KANNEGALA POST HANGALA HOBLI, GUNDLUPET CHAMARAJANAGAR DIST.-571 111 28 . SMT. DEEPIKA M.J. D/O JAYARAM M.K. AGED ABOUT 35 YEARS R/AT. MIRLE VILLAGE CAMP POST K.R. NAGAR TALUK MYSURU DIST.-571 617 29 . SMT. ASHA C.M. W/O RAGHUNANDA Y. AGED ABOUT 47 YEARS R/AT. CHOWALLI VILLAGE NILASOGE POST, T.N. PURA TALUK MYSURU DIST.-577 021 30 . SMT. BHAGYA N. D/O NINGAIAH AGED ABOUT 36 YEARS R/AT. BOODITITTU VILLAGE MADDUR POST, YELANDUR TALUK CHAMARAJANAGAR DIST.-571 441 31 . SMT. LAKSHMI M. W/O VASANTHA KUMAR D. AGED ABOUT 34 YEARS R/AT No.27/1, 3/1, 17TH MAIN - 7 SUBRAMANYANAGAR BENGALURU-560 021 32 . SMT. SUNLEENA W/O VIMAL JESUDASAN AGED ABOUT 38 YEARS R/AT. FLAT No.204, 2ND FLOOR LIFESTYLE, LUVERT APARTMENT 80 FT ROAD, 1ST STAGE, 2ND BLOCK HBR LAYOUT, BENGALURU-560 043 33 . SMT. CHANDRAKALA R. D/O RANI H.B. AGED ABOUT 43 YEARS R/AT. HEGGAVADI VILLAGE KUNKALA KERE POST GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT-571 111 34 . SMT. RAMANI R. W/O B. NANDAKUMAR AGED ABOUT 49 YEARS R/AT. No.32, 4TH CROSS SHIVANANDA NAGAR, MOODLAPALYA NAGARABHAVI, BENGALURU-560 072 35 . SRI. MURULI G. S/O GOVINDAPPA AGED ABOUT 33 YEARS R/AT. SIDDAPURA VILLAGE AND POST HOTTAPPANA HALLI POST CHALLAKERE TALUK CHITRADURGA DIST.-577 522 36 . SMT. CHANDRAKALA B. D/O BOMMANNA GOWDA AGED ABOUT 40 YEARS R/AT. CHARVALEA VILLAGE KADABA TALUK DAKSHINA KANNADA-574 221 - 8 37 . SMT. NAGARATHNAMMA G. D/O GOVINDAPPA AGED ABOUT 40 YEARS R/AT. No.69/54, 3RD CROSS VRUSHABHAVATHINAGAR SUNNAKKIBAYALU KAMAKSHIPALYA BENGALURU-560 079 38 . SMT. ROOPA R. W/O H. SHIVAPPA AGED ABOUT 38 YEARS R/AT. MALLAPPANAHALLI HOSADURGA ROAD HOSADURGA TALUK CHITRADURGA DISTRICT-577 554 39 . SMT. PALLAVI H.N. W/O MADHUCHANDRA AGED ABOUT 35 YEARS R/AT. No.18, 16TH CROSS JAKKUR LAYOUT, YELAHANKA BENGALURU-560 064 40 . SRI. SHIVAKUMAR D. S/O DODDA SIDDANAYAKA AGED ABOUT 37 YEARS R/AT. No.353, DURGAMBA NILAYA DHANAGERE VILLAGE SARAGURU POST KOLLEGALA TALUK CHAMARAJANAGAR DIST.-571 440 41 . SMT. MAMATHA B.M. D/O MANJAPPA AGED ABOUT 36 YEARS R/AT. B.DASARAHATTI VILLAGE KADUR TALUK, BIRUR POST CHIKAMANGALORE DIST-577 548 42 . SMT. SHOBHA M.N. W/O RAMESH K.S. AGED ABOUT 36 YEARS - 9 R/AT. No.1365/1, 2ND MAIN GOKULA 1ST PHASE, YESHWANTHAPURA BENGALURU-560 022 43 . SRI. VENKATESHA M. S/O MAHADEVA AGED ABOUT 35 YEARS R/AT. BANURU VILLAGE AND POST KOLLEGALA TALUK CHAMARAJANAGAR DIST.-571 440 44 . SMT. FAKEERAVVA D/O PRAMILAVVA MALAGUNDA AGED ABOUT 33 YEARS R/AT. No.49, UPPUNASI VILLAGE CAMP POST HANGAL TALUK HAVERI DISTRICT.-581 148 45 . SMT. AMBIKA M.R. W/O SHIVAKUMAR V. AGED ABOUT 43 YEARS R/AT. No.12, SRI SHIVASHAKTHI NILAYA MUNISWAMAPPA LAYOUT KEMPAPURA, HEBBALA BENGALURU-560 024 46 . SMT. V. GIRIJAMMA D/O VENKATAIAH AGED ABOUT 43 YEARS R/AT. No.2350/1, SRINIVAS TEMPLE ROAD MANDIMOHALLA, KAILASAMPURA 1ST CROSS, MYSURU-570 021 47 . SMT. KOLLAMMA M. D/O MALLAPPA AGED ABOUT 38 YEARS R/AT. KALLAHATTI VILLAGE IYAMANGALA POST HIRIYURU TALUK CHITRADURGA-577 546 - 10 48 . SMT. CHANDRAKLEKHA K.H. D/O HONNAPPA K.N. AGED ABOUT 34 YEARS R/AT. KUDRALLI V GOWDALLI POST, SOMWARPET TQ DIST. KODAGU-571 236 49 . SMT. BABY D. D/O DOMBAIAH POOJARI AGED ABOUT 46 YEARS R/AT. BELURU VILLAGE AND POST MUDIGERE TALUK DIST. CHIKKMAGALUR-577 132 50 . SMT. NAGARATHNA H. D/O HANUMANTHAPPA AGED ABOUT 34 YEARS R/AT. DONEHALLI VILLAGE CHALLAKERE TALUK DIST. CHITRADURGA-577 522 51 . SMT. RAJAMMA P. W/O LOKESH AGED ABOUT 35 YEARS R/AT. KOLALU VILLAGE CAMP POST, HOLALKERE TALUK DIST. CHITRADURGA-577 550 52 . SMT. JAYASHREE S. C/O MADHUSUDHAN A.S. AGED ABOUT 35 YEARS R/AT No.1/1073 BEHIND LUTHANEN CHURCH NEW EXTENSION U.P. MALAPPAPURAM, KOLLEGALA TOWN DIST. CHAMARAJANAGAR-571 440 53 . SRI. RAMESH H. S/O LATE HUVAIAH A. AGED ABOUT 42 YEARS R/AT No.2/81, PANNA STREET BHEEMA NAGAR KOLLEGALA TOWN DIST. CHAMARAJANAGAR-571 440 - 11 54 . SMT. AROKYA MARY T. W/O SAVIO SUNDAR AGED ABOUT 38 YEARS R/AT No.11/1, 12TH CROSS VIJAYANAGAR PIPE LINE BENGALURU-560 023 55 . SMT. BHAGYA H.N. W/O VIJAYAKUMAR V. AGED ABOUT 36 YEARS R/AT No.18, SRINIVAS NILAYA 1ST CROSS KRISHNAPPA REDDY LAYOUT BENGALURU-560 068 56 . SMT. INDRANI S. W/O MANJUNATHA H.M. AGED ABOUT 33 YEARS R/AT. HADLI, KASABA HOBLI MALAVALLI TQ MANDYA DISTRICT-571 430 57 . SRI. DADA K.F. S/O KAMAL SAB H. AGED ABOUT 38 YEARS, R/AT. HUSSAIN MANJIL BASAVESHWARANAGARA HIRIYURU TALUK DISTRICT CHITRADURGA-577 546 58 . SMT. GEETHA M. W/O LATE BEERESH AGED ABOUT 37 YEARS R/AT No.11, CHELUVAPPA GARDEN BHUVANESHWARI NAGAR BENGALURU-560 023 59 . SMT. JAYALAKSHMI T.B. W/O ARUN AGED ABOUT 32 YEARS R/AT No.49, 6TH CROSS AYYAPPA TEMPLE ROAD BYRATHI, BENGALURU-560 077 - 12 60 . SMT. MALASHRI B.L. D/O LINGARAJU AGED ABOUT 32 YEARS R/AT. BANAVE VILLAGE KAVERIPURA POST THALAKADU HOBLI T. NARASIPURA TALUK DISTRICT MYSURU-571 122 61 . SMT. DEEPIKA S.M. D/O MALLIKARJUAPPA S. AGED ABOUT 31 YEARS R/AT. SOLLAPURA VILLAGE AND POST TARIKERE TALUK DISTRICT CHIKMANGALORE-577 548 62 . SMT. NANDINI K. W/O HARISHA AGED ABOUT 32 YEARS R/AT. CHALAGANHALLI VILLAGE BALGANAHALLI POST MALUR TALUK DISTRICT KOLAR-563 130 63 . SMT. SULOCHANA C.R. W/O VEDHAMURTHY S.M. AGED ABOUT 34 YEARS R/AT No.19/1, 12TH 1ST 'B' MAIN ROAD RANGANATHA NILAYA SANJIVININAGAR MOODALAPALYA BENGALURU-560 072 64 . SMT. MANJULA M.L. W/O AVINASH AGED ABOUT 36 YEARS R/AT No.18, 9TH MAIN HOSAHALLI VIJAYANAGAR BENGALURU-560 060 65 . SMT. SAKAMMA BHOVI D/O NEMANNA BHOVI - 13 AGED 37 YEARS R/AT. BHADRAPURA VILLAGE AND POST SHIKARIPURA TALUK DISTRICT SHIVAMOGGA-577 427 66 . SMT. SANGEETHA M. D/O MANIKYAM N. AGED ABOUT 35 YEARS R/AT No.645, NACHAPALLI ROBERTSONPET, KGF-563 122 67 . SMT. JAYAMMA T. C/O GANGADHARAIAH A.S. AGED ABOUT 46 YEARS R/AT. ARAKERE VILLAGE AND POST TUMAKURU TALUK AND DISTRICT-572 106 68 . SMT. HEMALATHA M. D/O MUDDU MARAIAH AGED ABOUT 42 YEARS R/AT. SIDDAIAHNAPURA VILLAGE AND POST KOLLEGALA TALUK DISTRICT CHAMARAJANAGAR-571 440 69 . SMT. SHILPA Y.S. C/O SHIVANANDA B.R. AGED ABOUT 37 YEARS R/AT. BEGUR N. VILLAGE MATHIGATTA POST NITTUR HOBLI, GUBBI TALUK DISTRICT TUMAKURU-572 223 70 . SMT. MEENAKSHI H.N. W/O NANDISH KUMAR T. AGED ABOUT 27 YEARS R/AT No.257, 6TH CROSS INDIRANAGAR WEST OF CHORD ROAD NEAR MODI HOSPITAL RAJAJINAGAR, BENGALURU-560 010 - 14 71 . SMT. NETHRABAI N. D/O NAGARAJ NAIK AGED ABOUT 38 YEARS R/AT. BOMMANAKATTE VILLAGE GUNDERI POST, HOLALKERE TALUK DISTRICT CHITRADURGA-577 526 72 . SMT. PADMA S.K. W/O GANGADHARAIAH M.P. AGED ABOUT 32 YEARS R/AT No.48, MALLIDEVIHALLI VILLAGE BALUVANERALU POST TIPATURU TALUK DISTRICT TUMAKURU-572 217 73 . SMT. BHAGYA M. W/O SHANKAR M. AGED ABOUT 45 YEARS R/AT. HONNUR VILLAGE AND POST YALANDUR TALUK DISTRICT CHAMARAJANAGARA-571 441 74 . MR. SYED PARVEEZ S/O KARAMATH M.S. AGED ABOUT 40 YEARS R/AT. T.M.K. CYCLE MART BAGURE ROAD CHANNARAYAPATTANA TOWN DISTRICT HASSAN-573 116 75 . SRI. NARASIMHA MURTHY G. S/O GANGAPPA AGED ABOUT 37 YEARS R/AT. SHIRAVARA VILLAGE ANTHARAHALLI POST DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 203 76 . SRI. MANJUNATHA P. S/O PUTTAPPA AGED ABOUT 39 YEARS R/AT. NANDHIGUNDA VILLAGE HEGADEHALLI POST - 15 DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 205 …RESPONDENTS (BY SRI. REUBEN JACOB, AAG A/W. SMT. SHWETA KRISHNAPPA, AGA FOR R1 TO R3; SRI. M. SREENIVASA, ADVOCATE FOR C/R4 TO R12, R14 TO R76; SRI. NAVEEN KUMAR S., ADVOCATE FOR R13) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO (a) SET ASIDE THE ORDER PASSED IN WP No.10614/2023 DATED 22.11.2023 (S-RES) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND DISMISS THE WRIT PETITION FILED BY THE PETITIONERS AND ETC. IN CCC NO 575 OF 2023: BETWEEN: 1 . SRI. RAJAPPA M. S/O MUDALAGIRYAPPA AGED ABOUT 40 YEARS MARAGATTA POST HOSADURGA TALUK CHITRADURGA DISTRICT-577 515 2 . SMT. PUSHPA R. W/O RAMESH C. AGED ABOUT 45 YEARS BIJAVARA VILLAGE AND POST KASABA HOBLI MADHUGIRI TALUK TUMAKURU DISTRICT-572 132 3 . SMT. LAKSHMIM DEVI K. W/O SATISH AGED ABOUT 40 YEARS No.21, HAL QUARTERS OLD TOWNSHIP, VIMANAPURA BENGALURU-560 017 4 . SRI. BALASWAMY NAIKA S/O PEEKA NAIK - 16 AGED ABOUT 34 YEARS TOKINAYAKANADODI VILLAGE MARALE BEKUPPE POST UYYAMBALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117 5 . SRI. RAMESH C. S/O CHIKKRANGAIAH AGED ABOUT 38 YEARS BO.210, BIJAVARA VILLAGE AND POST KASABA HOBLI, MADHUGIRI TALUK TUMAKURU DISTRICT-572 132 6 . SRI. MAHESH S/O PANDU AGED ABOUT 36 YEARS BHEDASUR (K) TANDA CHITTAPURA TALUK GULBARGA DISTRICT-585 322 7 . SRI. PRASANNA KUMAR S/O SHIVAMALLA GOWDA AGED ABOUT 48 YEARS UDDANUR POST, HANNUR TALUK CHAMRAJNAGAR DISTRICT-571 439 8 . SRI. LOKESHA B.P. S/O PUTTASWAMY AGED ABOUT 41 YEARS G. BINDENAHALLI VILLAGE JANIVARA POST CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 116 9 . SRI. THIPPESWAMY U. S/O UJJINAPPA AGED ABOUT 34 YEARS JAMPANNA NAYAKANA KOTE CHITRADURGA TALUK CHITRADURGA DISTRICT-577 532 - 17 10 . SRI. G.S. GIRISHA S/O G.M. SRIKANTIAH AGED ABOUT 45 YEARS MARADI HALLI PO HIRIYUR TALUK CHITRADURGA DISTRICT-577 532 11 . SMT. NETHRAVATHI V. D/O VENKATARAMAPPA AGED ABOUT 37 YEARS MEENAHALLI VILLAGE RAMPURA POST KANAKATTE HOBLI ARASIKERE TALUK HASSAN DISTRICT-573 126 12 . SRI. GAJENDRA B. S/O LATE BADDU NAIK AGED ABOUT 37 YEARS LAKUPPE VILLAGE KURUBARA HALLI MAGADI ROAD, TAVAREKERE BENGALURU SOUTH-562 130 13 . SMT. CHINNAMMA W/O GAJENDRA B. AGED ABOUT 38 YEARS LAKKUPPE VILLAGE, TAVAREKERE BENGALURU SOUTH-562 130 14 . SRI. M. PUNITH S/O LATE MAHANTHAPPA G. AGED ABOUT 36 YEARS ARALIKATTE, AIMANGALA POST HIRIYUR TALUK CHITRADURGA DISTRICT-577 558 15 . SRI. SATHEESH NAYAK H. S/O HANUMA NAYAK AGED ABOUT 37 YEARS PADARAHALLI, KASABA HOBLI HARISANDRA POST RAMANAGAR TALUK AND DISTRICT-562 159 - 18 16 . SRI. RAMESHA NAIK B.P. S/O PAPA NAIK AGED ABOUT 38 YEARS BIJJAHALLI VILLAGE AND POST KODIHALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117 17 . SRI. RAVI KUMAR T.S. S/O SHIVANNA AGED ABOUT 37 YEARS NEAR MARAMMA TEMPLE C.N. DURGA HOBLI KORATAGERE TALUK-572 129 TUMAKURU DISTRICT 18 . SRI. GANESHA NAIK S/O LATE ANNA NAIK AGED ABOUT 36 YEARS R/AT. ANAJAVADI DODDI VILLAGE SIVANAHALLI POST KANAKAPURA TALUK RAMANGARAM DISTRICT-571 151 19 . SRI. THIPPESWAMY H.R. S/O RAJANNA T. AGED ABOUT 39 YEARS HUCHENAHALLI VILLAGE AND POST HIRIYUR TALUK CHITRADURGA DISTRICT-577 144 20 . SRI. SWAMY K.R. S/O T. RANGAPPA AGED ABOUT 36 YEARS KODIGERE VILLAGE HIRENALLUR POST KADUR TALUK-577 548 CHICKMAGALURU DISTRICT 21 . SRI. KOLLARAPPA M. S/O MALLAPPA AGED ABOUT 37 YEARS BHARAMPURA VILLAGE AND POST - 19 HIRIYUR TALUK CHITRADURGA DISTRICT-577 558 22 . SRI. NARASIMHAPPA K. S/O KARIYAPPA AGED ABOUT 40 YEARS M.D. HATTI VILLAGE KOLIHAL POST HOLALKERE TALUK CHITRADURGA DISTRICT-577 557 23 . SRI. HARISH N. S/O OBALAPPA AGED ABOUT 36 YEARS NARASIMHANAHALLI VILLAGE TUBAGERE POST DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 226 ...COMPLAINANTS (BY PROF. RAVIVARMA KUMAR, SENIOR COUNSEL A/W. M/s. BELLE R., ADVOCATES) AND: 1 . SHRI. MOHAMMAD MOHSIN, IAS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION) VIKASA SOUDHA, BENGALURU-560 001 2 . DR. RAMESH KRISHNA K. DIRECTOR AND DEAN BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE (AN AUTHORITIES INSTITUTION OF GOVERNMENT OF KARNATAKA) K.R. ROAD FORT BENGALURU-560 002 …ACCUSED 3 . THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY - 20 DEPARTMENT OF FAMILY WELFARE (MEDICAL EDUCATION), M.S. BUILDING 6TH FLOOR, AMBEDKAR VEEDHI, BENGALURU-560 001 …PROFORMA RESPONDENT (BY SRI. P.S. MALIPATIL FOR A2; SMT. SHWETA KRISHNAPPA, AGA FOR PROFORMA R3, V.O. DATED 05.07.2023; A1 IS SERVED AND UNREPRESENTED) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971 READ WITH ARTICLE 215 OF CONSTITUTION OF INDIA , BY THE COMPLAINANT, WHERE IN HE PRAYS THAT THE HONBLE COURT BE PLEASED TO INITIATE PROCEEDINGS THE PROSECUTE THE ACCUSED FOR COMMITTING CONTEMPT OF COURT UNDER SECTION 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA FOR THEIR WILLFUL DISOBEDIENCE OF THE ORDER DATED 29.09.2022 MADE IN WP No.22621/2021 (S-RES) AND DIRECT THE ACCUSED TO ABSORB ALL THE COMPLAINANT FORTHWITH AND ETC. IN WA No.276 OF 2024: BETWEEN: BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE FORTE, K.R. ROAD BENGALURU-560 002 REPRESENTED BY ITS DIRECTOR AND DEAN ...APPELLANT (BY SRI. P.S. MALIPATIL, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA REPRESENTED BY PRL. SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION) M.S. BUILDING, 6TH FLOOR AMBEDKAR VEEDHI BENGALURU-560 001 - 21 2 . SRI. RAJAPPA M. S/O MUDALAGIRIYAPPA AGED ABOUT 42 YEARS R/O. MARABAGATTA PO HOSADURGA TALUK CHITRADURGA DISTRICT-577 515 3 . SMT. PUSHPA R. W/O RAMESH C. AGED ABOUT 47 YEARS R/O. BIJAVARA VILLAGE KASABA HOBLI MADHUGIRI TALUK TUMAKURU DISTRICT-572 132 4 . SMT. LAKSHMIDEVI K. W/O SATISH AGED 42 YEARS R/O. No.21, HAL QUARTERS OLD TOWNSHIP VIMANAPURA BENGALURU-560 017 5 . SRI. BALASWAMY NAIKA S/O PEEKA NAIKA AGED ABOUT 37 YEARS R/O. TOKINAYAKANADODDI VILLAGE MARALE BEKUPPE PO, UYYAMBALLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117 6 . SRI. RAMESH C. S/O CHIKKARANGAIAH AGED 40 YEARS R/O No.210, BIJAVARA VILLAGE MADHUGIRI TALUK TUMAKURU DISTRICT-572 132 7 . SRI. MAHESH S/O PANDU AGED 38 YEARS R/O BHEDASUR (K) THANDA CHITTAPUR TALUK KALABURAGI DISTRICT-585 322 - 22 8 . SRI. PRASANNA KUMAR S/O SHIVAMALLA GOWDA AGED 50 YEARS R/O. UDDANUR PO HANNUR TALUK CHAMARAJANAGARA DISTRICT-571 439 9 . SRI. LOKESHA B.P. S/O PUTTASWAMY AGED 43 YEARS R/O. G. BINDENAHALLI JANIVARA PO CHENNARAYAPATTANA TALUK HASSAN DISTRICT-573 116 10 . SRI. THIPPESWAMY U. S/O UJJINAPPA AGED 36 YEARS R/O. JAMPANNA NAYAKANA KOTE CHITRADURGA TALUK AND DISTRICT-577 532 11 . SRI. G.S. GIRISHA S/O G.M. SRIKANTAIAH AGED 47 YEARS R/O. MARADI HALL PO HIRIYUR TALUK CHITRADURGA DISTRICT-577 532 12 . SMT. NETHRAVATHI V. D/O VENKATARAMANAPPA AGED 39 YEARS R/O. MELENAHALLI VILLAGE RAMPURA PO, KANAKATTE HOBLI ARASIKERE TALUK HASSAN DISTRICT-573 126 13 . SRI. GAJENDRA B. S/O LATE BADDU NAIK AGED 39 YEARS R/O. LAKUPPE VILLAGE KURUBARA HALLI, MAGADI ROAD TAVAREKERE BENGALURU SOUTH-562 120 - 23 14 . SMT. CHINNAMMA W/O GAJENDRA B. AGED 40 YEARS R/O. LAKKUPPE VILLAGE TAVAREKERE BENGALURU SOUTH-562 130 15 . SRI. M. PUNITH S/O LATE MAHANTHAPPA G. AGED 38 YEARS R/O. ARALIKATTE VILLAGE AIMANGALA PO, HIRIYUR TALUK CHITRADURGA DISTRICT-577 558 16 . SRI. SATHEESH NAYAK H. S/O SRI. HANUMA NAYAK AGED ABOUT 39 YEARS R/O. PADARAHALLI, KASABA HOBLI HARISANDRA PO RAMANAGARA TALUK AND DISTRICT-562 159 17 . SRI. RAMESHA NAIK B.P. S/O PAPA NAIK AGED 40 YEARS R/O. BIJJAHALL VILLAGE KODIHALLI, KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117 18 . SRI. RAVI KUMAR T.S. S/O SHIVANNA AGED 39 YEARS R/O. NEAR MARAMMA TEMPLE C N DURGA, KORATAGERE TALUK TUMAKURU DISTRICT-572 129 19 . SRI. GANESHA NAIK S/O LATE ANNA NAIK AGED 38 YEARS R/O. ANAJAVADI DODDI VILLAGE SIVANAHALLI POST KANAKAPURA TALUK RAMANAGARAM DISTRICT-571 511 - 24 20 . SRI. THIPPESWAMY H.R. S/O RAJANNA T. AGED 41 YEARS R/O. HUCHCHENAHALLI VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT-577 144 21 . SRI. SWAMY K.R. S/O T. RANGAPPA AGED 39 YEARS R/O. KODIGERE VILLAGE HIRENALLUR, KADUR TALUK CHIKKAMAGALURU DISTRICT-577 548 22 . SRI. KOLLARAPPA M. S/O MALLAPPA AGED 39 YEARS R/O. BHARAMPURA VILLAGE, HIRIYUR TALUK CHITRADURGA DISTRICT-577 558 23 . SRI. NARASIMHAPPA K. S/O KARIYAPPA AGED 42 YEARS R/O. M.D. HATTI VILLAGE KOLHAL, HOLALAKERE TALUK CHITRADURGA DISTRICT-577 557 24 . SRI. HARISH N. S/O OBALAPPA AGED 38 YEARS R/O. NARASIMHANAHALLI TUBAGERE PO, DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 226 …RESPONDENTS (BY SRI. REUBEN JACOB, AAG A/W. SMT. SHWETA KRISHNAPPA, AGA FOR R1; SRI. VISHNU HEGDE, ADVOCATE FOR R2 TO R24) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE ABOVE WRIT APPEAL AND TO SET ASIDE THE ORDER DATED 29.09.2022 PASSED IN WP No.22621/2021 BY THE LEARNED SINGLE JUDGE AND DISMISS THE WRIT PETITION. - 25 IN WA NO 446 OF 2024: BETWEEN THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION) M.S. BUILDING, 6TH FLOOR DR. AMBEDKAR VEEDHI, BENGALURU 560001 ...APPELLANT (BY SRI. REUBEN JACOB, AAG A/W. SMT. SHWETA KRISHNAPPA, AGA) AND: 1 . SRI. RAJAPPA M. S/O MUDALAGIRIYAPPA AGED ABOUT 41 YEARS HOSADURGA TALUK CHITRADURGA DISTRICT-577 515 2 . SMT. PUSHPA R. W/O RAMESH C. AGED ABOUT 46 YEARS BIJAVARA VILLAGE AND POST KASABA HOBLI, MADHUGIRI TALUK TUMAKURU DISTRICT-572 132 3 . SMT. LAKSHMI DEVI K. W/O SATISH AGED ABOUT 41 YEARS No.21, HAL QUARTERS, OLD TOWNSHIP VIMANAPURA, BENGALURU-560 017 4 . SRI. BALASWAMY NAIKA S/O PEEKA NAIK AGED ABOUT 36 YEARS TOKINAYAKANADODDI VILLAGE MARALE BEKUPPE POST UYYAMBALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117 - 26 5 . SRI. RAMESH C. S/O CHIKKARANGAIAH AGED ABOUT 39 YEARS No.210, BIJAVARA VILLAGE AND POST KASABA HOBLI, MADHUGIRI TALUK TUMAKURU DISTRICT-572 132 6 . SRI. MAHESH S/O PANDU AGED ABOUT 37 YEARS BHEDASUR (K) TANDA CHITTAPURA TALUK GULBARGA DISTRICT-585 322 7 . SRI. PRASANNA KUMAR S/O SRI. SHIVAMALLA GOWDA AGED ABOUT 47 YEARS UDDANUR POST, HANNUR TALUK CHAMARAJANAGAR DISTRICT-571 439 8 . SRI. LOKESHA B.P. S/O PUTTASWAMY AGED ABOUT 42 YEARS G. BINDENAHALLI VILLAGE JANIVARA POST CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 116 9 . SRI. THIPPESWAMY U. S/O UJJINAPPA AGED ABOUT 35 YEARS JAMPANNA NAYAKANA KOTE CHITRADURGA TALUK CHITRADURGA DISTRICT-577 532 10 . SRI. G.S. GIRISHA S/O G.M. SRIKANTIAH AGED ABOUT 46 YEARS MARADI HALL POST HIRIYUR TALUK CHITRADURGA DISTRICT-577 532 - 27 11 . SMT. NETHRAVATHI V. D/O VENKATAAMAPPA AGED ABOUT 38 YEARS MELENAHALLI VILLAGE RAMPURA POST KANAKATTE HOBLI ARASIKERE TALUK HASSAN DISTRICT-573 126 12 . SRI. GAJENDRA B. S/O LATE BADDU NAIK AGED ABOUT 38 YEARS LAKUPPE VILLAGE, KURUBARA HALLI MAGADI ROAD, TAVAREKERE BENGALURU SOUTH-562 130 13 . SMT. CHINNAMMA W/O GAJENDRA B. AGED ABOUT 39 YEARS LAKKUPPE VILLAGE, TAVAREKERE BENGALURU SOUTH-562 130 14 . SRI. M. PUNITH S/O LATE MAHANTHAPPA G. AGED ABOUT 35 YEARS ARALIKATTE, AIMANGALA POST HIRIYUR TALUK CHITRADURGA DISTRICT-577 558 15 . SRI. SATHEESH NAYAK H. S/O SRI. HANUMA NAYAK AGED ABOUT 38 YEARS PADARAHALLI, KASABA HOBLI HARISANDRA POST RAMANAGARA TALUK RAMANAGARA DISTRICT-562 159 16 . SRI. RAMESHA NAIK B.P. S/O PAPA NAIK AGED ABOUT 37 YEARS BIJJAHALL VILLAGE AND POST KODIHALLI HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT-562 117 - 28 17 . SRI. RAVI KUMAR T.S. S/O SHIVANNA AGED ABOUT 38 YEARS NEAR MARAMMA TEMPLE C.N. DURGA HOBLI KORATAGERE TALUK TUMAKURU DISTRICT-572 129 18 . SRI. GANESHA NAIK S/O SRI. LATE ANNA NAIK AGED ABOUT 35 YEARS RESIDING AT ANAJAVADI DODDI VILLAGE SHIVANAHALLI POST KANAKAPURA TALUK RAMANAGARAM DISTRICT-571 511 19 . SRI. THIPPESWAMY H.R. S/O PAJANNA T. AGED ABOUT 40 YEARS HUCHENAHALLI VILLAGE AND POST HIRIYUR TALUK CHICKMANGALURU DISTRICT 20 . SRI. SWAMY K.R. S/O T. RANGAPPA AGED ABOUT 40 YEARS KODIGERE VILLAGE, HIRENALLUR POST KADUR TALUK-577 548 CHICKMANGALORE DISTRICT 21 . SRI. KOLLARAPPA M. S/O MALLAPPA AGED ABOUT 38 YEARS BHARAMPURA VILLAGE AND POST HIRIYUR TALUK CHITRADURGA DISTRICT-577 558 22 . SRI. NARASIMHAPPA K. S/O KARIYAPPA AGED ABOUT 39 YEARS M.D. HATTI VILLAGE KOLHAL POST, HOLALKERE TALUK CHITRADURGA DISTRICT-577 557 - 29 23 . SRI. HARISH N. S/O OBALAPPA AGED ABOUT 37 YEARS NARASIMHANAHALLI VILLAGE TUBAGERE POST DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 226 24 . BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE (AN AUTHORITIES INSTITUTUION OF GOVERNMENT OF KARNATAKA) K.R. ROAD FORT BENGALURU-560 002 REP. BY ITS DIRECTOR AND DEAN …RESPONDENTS (BY SRI. VISHNU HEGDE, ADVOCATE FOR R1 TO R23; SRI. P.S. MALIPATIL, ADVOCATE FOR R24) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO (a) ALLOW THIS WRIT APPEAL AND (b) SET ASIDE THE IMPUGNED ORDER DATED 29.09.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP No.22621/2021 (S-RES) AND ETC. THESE APPEALS AND PETITION HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 18.06.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, ANU SIVARAMAN J., PRONOUNCED THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 30 CAV JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The Writ Appeal No.571/2024 is filed by the appellant/respondent No.2 aggrieved by the order dated 22.11.2023 passed by the learned Single Judge in W.P.No.10614/2023. Writ Appeals No.276/2024 and 446/2024 are filed by the appellant/respondents No.2 and 1, respectively aggrieved by a common order dated 29.09.2022 passed by the learned Single Judge in W.P.No.22621/2021. 2. We have heard Shri. P.S. Malipatil, learned counsel appearing for the BMCRI, Shri. Reuben Jacob, learned Additional Advocate General along with Smt. Shwetha Krishnappa, learned Additional Government Advocate appearing for respondents - State and Shri. M. Sreenivasa, Shri. Naveen Kumar S and Shri. Vishnu Hegde, learned counsels appearing for the contesting party respondents. - 31 3. The writ petitions were filed seeking directions to the Government to consider the representations of the petitioners and to direct the Bangalore Medical College and Research Institute ('BMCRI' for short) to initiate and complete the process for regularization of the services of the petitioners. 4. The petitioners were persons who were appointed in the appellant BMCRI, initially for a period of 6 months during 2008-2009. Their services have been continued with artificial breaks. They had made representations seeking regularization of their services as they had continued in the service for long years. A notification came to be issued for recruitment to several posts under the second respondent including the posts held by the writ petitioners. They had approached this Court at that time, filing Writ Petitions No.3405 to 3431 of 2015 and connected matters, seeking quashing of the recruitment notification and regularization of their services. The said writ petitions were disposed of on 25.02.2019 observing that the BMCRI had recommended the inclusion of staff nurses also along with other Group 'C' - 32 Posts for being considered for weightage and age relaxation while the Special Recruitment Rules are being framed by the respondent - State Government. The writ petitions were therefore disposed of with a direction to the first respondent - State Government to consider the recommendations made by the second respondent - BMCRI and pass orders within a period of three months from the date of receipt of the judgment. However, no actions were taken and hence the writ petitions were filed. In the writ petitions, statement of objections were filed by the BMCRI enclosing copy of communication dated 24.09.2019 addressed by the Government of Karnataka to the Director and Dean of the Institute, where liberty was granted to respondent No.2 to recruit Group 'C' employees in terms of the Bye-laws. 5. The learned Single Judge found that in terms of the recommendation made by the BMCRI on 13.05.2019, out of 600 posts, 102 posts were kept apart for the petitioners who were continuously being engaged on contract basis. In addition, interim protection was also granted to 67 petitioners taking note of subsequent - 33 vacancies that had arisen. In view of the recommendations issued by the BMCRI and after considering the contentions raised on either side, the learned Single Judge, held that the undertaking given by the State in the earlier round of litigation had to be given effect to. The State and the BMCRI were directed to complete the process of absorption within six months. Alleging non - compliance with the directions, Contempt of Court Case No.575/2023 came to be filed. It is thereafter that the present writ appeals have been filed. 6. The learned Additional Advocate General appearing for the State submits that pursuant to the directions issued by this Court in the earlier round of litigation, the Government had initiated action for framing the Cadre and Recruitment Rules ("C & R Rules" for short) for the BMCRI. It is submitted that it is only after framing such C & R rules that the question of framing special C & R rules for the benefit of contract employees could be taken up. It is submitted that this aspect of the matter had been intimated to the BMCRI by the office of Under Secretary to Government, Department of Health and Family Welfare by - 34 its letter dated 25.07.2022. It is submitted that pursuant to the interim order dated 15.09.2022 issued by the learned Single Judge in W.P. No.22621/2021, requiring the State to file an affidavit with regard to the action taken by the State with respect to the recommendation dated 15.02.2019, which was placed before it by the BMCRI. The Under Secretary had filed an affidavit stating that the Government had scrutinized the proposal/recommendation made by the BMCRI and had decided to give weightage and age relaxation to the stipendiary nurses by framing special C & R Rules. It was also brought to the notice of the Court that such stipendiary nurses cannot be absorbed nor the appointment regularized and they can only be given benefits of age relaxation and weightage by framing appropriate rules which would require around 8 to 9 months time. 7. Further, it is submitted that to expedite the said process, the Government had also written to the BMCRI on 27.09.2022 to furnish an urgent report on the C & R Rules relating to its Group B, C and D employees. It is submitted that the direction given by this Court in the Judgment under - 35 Appeal to regularize the services of the writ petitioners is misconceived and this Court ought not to have issued such a direction at all. Further, it is contended that the steps had been taken by the State to grant special benefits to the writ petitioners in the matter of recruitment which was all that was contemplated by the direction in the earlier round of writ petitions. 8. In support of her contentions, the learned Additional Advocate General has relied upon the following decisions:- • The Karnataka Power Transmission Corporation Limited (KPTCL) and Others v. Sri. Nagaraj B.R. and Others by Order dated 24.01.2025 passed in W.A.No.34 of 2021 (S- RES) and connected matters; • University of Delhi v. Delhi University Contract Employees Union and Others, reported in (2021) 16 SCC 71; • The State Karnataka v. Sri. Rajappa. M and Others by Order dated 12.03.2024 passed in Review Petition No.62 of 2024; - 36 • Secretary, State of Karnataka and Others v. Umadevi (3) and Others, reported in (2006) 4 SCC 1, and • Official Liquidator v. Dayanand and Others, reported in (2008) 10 SCC 1; 9. The learned counsel appearing for the BMCRI would contend that the BMCRI had submitted its recommendation to the Government which was considered and the Government had taken a decision to frame the C & R Rules, conduct recruitment to the posts and to grant age relaxation and weightage to the contract employees like the writ petitioners. It is submitted that the further directions issued by the learned Single Judge to regularize their services are unwarranted and the State cannot be compelled to do so. 10. The learned counsel appearing for the contesting party respondents would submit that there are more than 600 posts of nursing staff in the BMCRI. Out of which 200 posts were filled up by making contractual appointments as stipendiary nurses. It is submitted that initially a notification was issued seeking to make appointment to the posts in the - 37 BMCRI including the posts held by the petitioners on contract basis in W.Ps.No.3566 to 3589 of 2013 were filed challenging the recruitment notifications. In the said batch of writ petitions, the State had filed a memo, specifically stating that a Government Order had been issued on 14.03.2013 agreeing to regularize the services of the contract employees. Such regularization was done as a one time measure to regularize contract employees in Government Autonomous Organizations coming under the Medical Education Department. 11. On the basis of the memo filed, the writ petitions were withdrawn. However, thereafter, the Government Order which was produced along with the memo was withdrawn by proceedings dated 03.09.2013 on the basis of the opinion of the Staff and Administrative Reforms Department and Finance Department. Thereafter, the second batch of petitions was filed as W.Ps.No.3405 to 3431 of 2015. There also, the learned counsel appearing for the BMCRI, filed a memo dated 25.02.2019, placing on record a recommendation dated 15.02.2019, made by the BMCRI - 38 before the State Government, recommending the inclusion of staff nurses along with other Group-C posts for being considered by the Special Recruitment Rules are framed by the respondent - State Government. Accepting the said memo, the writ petitions were disposed of directing the State Government to consider the recommendation made by the second respondent and pass orders within a period of three months. Apparently nothing was done thereafter. It was in the above circumstances, that the instant writ petitions were filed. 12. The learned Single Judge held that the recommendation dated 15.02.2019 was specifically to the Government to consider the case of the contract employees to be absorbed as staff nurses vide the Special Recruitment Rules being framed by the respondent - State. 13. The statement of objections filed by the State was also considered and it was found that at least 169 posts out of 600 available posts had been earmarked and kept apart for the absorption of the contract employees as contended by the learned counsel appearing for the - 39 petitioners. The learned Single Judge came to the conclusion that the undertaking made by the Government was to the effect that the request for regularization as recommended by the BMCRI would be considered. It is contended that the present contentions are urged that the undertaking was only that the weightage and age relaxation would be considered after the C & R Rules are framed was not accepted. 14. Shri. M. Sreenivasa, learned counsel appearing for the contesting party respondents has relied on the judgment of the co-ordinate Bench of this Court in the case of Sri. P. Junjappa v. The Principal Chief Conservator of Forests and others, by Order dated 17.03.2025 passed in W.P.No.6238 OF 2020 (S-KSAT) c/w. W.P.No.48123 OF 2019 (S-KAT) 15. We have considered the contentions advanced. We are required to consider whether there is any requirement for interference with the order of the learned Single Judge in the batch of writ petitions. The question which essentially requires to be considered is as to what was - 40 the recommendation of the BMCRI to the Government in the earlier round of writ petitions and what was it that the Government was directed to consider by this Court. We notice from the judgment of the learned Single Judge in W.Ps.No.3405 to 3431 of 2015 and connected cases that the said writ petitions were filed challenging the recruitment notifications dated 28.12.2012 issued by the BMCRI. At paragraph No.6 of the judgment, the learned Single Judge records that a memo dated 25.02.2019 was filed by the learned counsel for the second respondent placing on record the recommendation dated 15.02.2019. The memo dated 25.02.2019 reads as under:- "That this Hon'ble Court by order dtd 23.01.2019, directed the Respondent No.2 to make appropriate amendment to the recommendation that was made to the Respondent/State while including the case of the staff nurses and send the proposal to the government. The Respondent No.2 by letter dtd 15.02.2019 made appropriate amendment and recommendation is sent to the state government including the cases of the staff nurses for giving certain relaxation for appointment. The copy of the appropriate amendment and recommendation sent to the government on 15.02.2019 is produced for kind consideration of this Hon'ble Court in the interest of justice and equity." - 41 16. The translated copy of Annexure 'Q1' which was the recommendation of the Director and Dean, BMCRI is also on record in the present writ petition. The said recommendation specifically states that the procedure for recruitment of 600 nurses was completed without giving grace marks for service of contract employees and relaxation in the age limit and as to what action is proposed in respect of 167 nurses working on contract basis in BMCRI. The BMCRI had therefore made a request to the Government to frame rules for grant of grace marks and upper age relaxation for contract employees and had requested the Government to frame Special Rules for Recruitment to grant benefits to the contract employees in the post of nursing staff as well. The said request was made as early as on 15.02.2019. This specifically was the request which was directed to be considered. The BMCRI in Annexure 'A' - endorsement informed the petitioners that the Government had held that the nursing staff working on contract basis could not be absorbed. However, it was further informed that the proposal has been submitted to - 42 the Government for framing Special Recruitment Rules for the nursing staff working on contract basis. 17. It is an admitted position that the writ petitioners had been working as contract employees in the BMCRI from 2008-2009 onwards. It is also beyond doubt that a Government Order was passed on 14.03.2013 directing their regularization in service. The first round of writ petitions filed by the contract employees came to be withdrawn on the basis of the said Government Order. The Government Order was later withdrawn in September 2013. The contract employees continued to agitate for their regularization and file representations which were not addressed. 18. A second batch of the writ petitions came to be filed in the year 2015. In the said writ petitions, a memo was filed on 25.02.2019. Along with the memo, a proposal recommending the regularization of the contract employees had also been forwarded by the BMCRI. It was this proposal which was directed to be considered by the Government in - 43 accordance with law. It was when no action was taken thereon that a third batch of writ petitions came to be filed. 19. Having perused the recommendations and the memo placed on record in the earlier batch of writ petitions and perusing the judgment of the learned Single Judge, which is produced as Annexure-B, we notice that the recommendation was specifically only with regard to framing of Special Recruitment Rules granting the benefit of age relaxation and service weightage to contract employees. The learned Single Judge, in the judgment under appeal erred in holding that the direction in W.Ps.No.3405- 3431/2015 and connected cases was to absorb the contract employees as nursing staff in the posts kept vacant. However, we notice that the private respondents have been working as contract employees since 2008-09. Most of them would be reaching the end of their normal service tenure. The Government had, on an earlier occasion, decided to regularize their services which decision was thereafter withdrawn. At present, it is an admitted fact that there are vacancies available to accommodate the writ petitioners, - 44 who are in continuous service since 2008-09. It is also an admitted fact that Cadre and Recruitment Rules and the Special Rules for granting service weightage and age relaxation to contractual employees have not been framed so far in spite of clear directions in that regard having been issued in 2019. 20. In the above circumstances, we are of the opinion that the instant is a fit case where the Government should be directed to consider the claim of contract appointees for regularization at least prospectively. 21. In the facts and circumstances of the case, we are of the opinion that the directions issued by the learned Single Judge do not require any interference in this intra- Court appeals. The appeals accordingly fail and are dismissed. However, three months further time is granted to the respondents to comply with the directions issued by the learned Single Judge. - 45 22. In view of the orders passed in the writ appeals, list CCC No.575/2023 after completion of three months time before the roster Bench. Pending interlocutory applications, if any, in all the matters shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR. K.MANMADHA RAO) JUDGE cp*