- 1 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND IN WP NO. 25666/2025 BETWEEN: 1. DR. MOHAN KUMAR S L S/O LATE LAKSHMAIAH S.T., AGED ABOUT 54 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT WORKING AS CIVIL SURGEON, BOWRING AND LADY CURZON HOSPITALS, BENGALURU-560 001 R/AT NO.240, II BLOCK, III STAGE, 3RD 'C' CROSS, BASAVESHWARNAGAR, BENGALURU-560 079. 2. DR. VADIRAJB.POKKAN, S/O LATE BABURAOPOKKAN, AGED ABOUT 58 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO W.P. NO.25666/2025 (S-KSAT) C/W W.P. NO.25362/2025, W.P. NO.26256/2025 AND W.P. NO. 27516 OF 2025 (S-KSAT) Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER MEDICAL EDUCATION DEPARTMENT BOWRING AND LADY CURZON HOSPITAL, BENGALURU R/AT NO.22, RENUKA RESIDENCY, 7TH MAIN, HOYSAL NAGAR, RAMAMURTHYNAGAR, BENGALURU-560 016. 3. DR.AYAS AHMED, S/O NISAR AHMED, AGED ABOUT 42 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT BOWRING AND LADY CURZON HOSPITAL, BENGALURU, R/AT NO.15/16, 2ND CROSS, AMC ROAD, SHEMPARA, KAVALBYRASANDRA, R.T.NAGAR POST, BENGALURU. 4. DR.BALAJI. H, S/O HANUMANTHARAYAPPA.S, AGED ABOUT 53 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT BOWRING AND LADY CURZON HOSPITAL, SABVMCRI, SHIVAJINAGAR, BENGALURU-560 001 R/AT NO.24, LAKSHMI NILAYA, VIRUPAKSHAPURA, KODIGEHALLI, BENGALURU-560 097. …PETITIONERS (BY SRI. VIJAYA KUMAR, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY, - 3 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. 2. THE COMMISSIONER, HEALTH & FAMILY WELFARE SERVICES, DEPARTMENT, AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560 023. 3. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, MEDICAL EDUCATION DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. 4. THE DEAN AND DIRECTOR, BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE, BENGALURU-560001. 5. THE SUPERINTENDENT, BANGALURU VICTORIA HOSPITAL, SHIVAJINAGAR, BANGALORE-560001. 6. THE SUPERINTENDENT, VANI VICTORIA HOSPITAL, SHIVAJINAGAR, BANGALORE-560001. 7. THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE, BENGALURU-560001. 8. THE DEAN AND DIRECTOR, SRI ATAL BIHARI VAJPAI MEDICAL COLLEGE AND RESEARCH INSTITUTE, SHIVAJINAGAR, BENGALURU-560001. - 4 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER 9. THE SUPERINTENDENT, GOVERNMENT HSIS, GOSHA HOSPITAL, BENGALURU-560001. 10. THE DIRECTOR, REGIONAL INSTITUTE OF OPTHALMOGY, MINTO EYE HOSPITAL, BENGALURU. 11. DR.SUBINDH G.B., S/O DR.BORE GOWDA, AGED ABOUT 53 YEARS, WORKING AS MEDICAL OFFICER, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT WORKING AS MEDICAL OFFICER, GHSIS GOSHA HOSPITAL, SHIVAJINAGAR, BENGALURU, R/AT NO.3901, NEW DHOBHI GHAT, BANASHANKARI 2ND STAGE, BENGALURU-560050. 12. DR. RAVISHANKAR B M S/O A.CHIKKAMUNIYAPPA, AGED ABOUT 57 YEARS, WORKING AS SENIOR SPECIALIST, (GENERAL MEDICINE), HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT VANIVILAS HOSPITAL, BENGALURU, R/AT NO.2271, 4TH CROSS, 5TH MAIN, RPC LAYOUT, VIJAYANAGAR II STAGE, BENGALURU-560040. 13. DR. RAJALAKSHMI N W/O SAN JAY VENUGOPAL, AGED ABOUT 50 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES - 5 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT VICTORIA HOSPITAL, BENGALURU, R/AT NO.1258/1, 7TH CROSS, BEHIND ICICI BANK, CHANDRA LAYOUT, BENGALURU-560040. 14. DR. MANASA S D/O DR. SIDDALINGAIAH AGED ABOUT 40 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT VICTORIA HOSPITAL, BENGALURU, R/AT NO.398,’BANAVASI’, 4TH CROSS, 43RD MAIN IDEAL HOMES, R.R. NAGAR BENGALURU-560098. 15. DR. SANTHOSH H R S/O RAJAPPA R.B. AGED ABOUT 47 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT DEPARTMENT OF ORTHOPEDICS, 'B' BLOCK, VICTORIA HOSPITAL, BENGALURU-560 002 R/AT NO.2032/105, SIR M. VISHWESWARAIAH LAYOUT, 5TH BLOCK, BENGALURU-560010. 16. DR. SURESH K S S/O SHADAKSHARAPPA, AGED ABOUT 53 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT BOWRING HOSPITAL, BENGALURU - 6 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER R/AT NO.47, 1ST MAIN, 1ST CROSS, NBK LAYOUT, HEBBAL, BENGALURU-560024. 17. DR. USHA B R D/O RANGANNA B.S., AGED ABOUT 46 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT VICTORIA HOSPITAL, BENGALURU, R/AT NO.51/2, 1ST CROSS, 10TH MAIN, SARAKKI GATE, KANAKAPURA MAIN ROAD, J.P.NAGAR, 1ST PHASE, BENGALURU-560078. 18. DR.SUMA K.S., D/O K.B. SINGE GOWDA AGED ABOUT 49 YEARS WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT DEPARTMENT OF OBG, VANIVILAS HOSPITAL, R/AT NO.43, 7TH CROSS, I MAIN ROAD, CANARA BANK COLONY, CHANDRA LAYOUT, BENGALURU-560 040. 19. DR.PRASHANTH. H.K. S/O H.K.HOMBALE GOWDA, AGED ABOUT 54 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT DEPARTMENT OF PEDIATRICS, VANIVILAS HOSPITAL, BMCRI, BENGALURU-560 002 R/AT NO.523, 19TH CROSS, 1ST BLOCK, - 7 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER NARAYAN NAGAR, DODDAKALLASANDRA, BENGALURU-560 062. 20. DR.PRABHAVATHI. C.N. D/O NAGARAJU, AGED ABOUT 53 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT DEPARTMENT OF OBG, VANIVILAS HOSPITAL, BMCRI, BENGALURU-560 002 R/AT NO.523, 19TH CROSS, 1ST BLOCK, NARAYAN NAGAR, DODDAKALLASANDRA, BENGALURU-560 062. 21. DR. POORNIMA R.N. D/O M.R.NARAYANA SWAMY, AGED ABOUT 49 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT WORKING AT VICTORIA HOSPITAL, K R MARKET, BANGALORE R/AT NO.52, BELAKU, 4TH CROSS, NAVODHAYA NAGAR, J.P.NAGAR 7TH PHASE, BENGALURU-560 078. 22. DR. SHANTHA KUMAR A. S/O AYAPPA, AGED ABOUT 58 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT GOVT. HSIS GOSHA HOSPITAL, R/AT NO.10/16, I MAIN, CHIKKAADUGODI, DRC POST, BENGALURU-560 029. - 8 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER 23. DR. HEMALATHA .P W/O MANJUNATHA SWAMY B M AGED ABOUT 49 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT GHSIS GOSHA HOSPITAL, BENGALURU, R/AT NO.2200, 3RD 'B' MAIN 5TH CROSS, 2ND STAGE, VIJAYANAGAR, BENGALURU-40. 24. DR.KAVITHA RANI.A, W/O S.KUMARAN, AGED ABOUT 52 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT HSIS GOSHA HOSPITAL, SHIVAJINAGAR, BENGALURU, R/AT NO.100/1, BULL TEMPLE ROAD, K.G.NAGAR, BENGALURU-560 019. 25. DR.SURESH M., S/O D.MANOGARAN, AGED ABOUT 53 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT BOWRING HOSPITAL, SAVMCRI, BENGALURU-560 001 R/AT NO.1, 2ND MAIN, 1ST CROSS, R.R.LAYOUT, VIJINAPURA, BENGALURU-560 016. …RESPONDENTS (BY SRI. REUBEN JACOB, AAG A/W SRI V SHIVAREDDY, AGA FOR R1 TO R3 & R7 R5, R8, R9 SERVED & UNREPRESENTED NOTICE TO R11 TO R24 AND R25 D/W) - 9 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 07.08.2025 PASSED BY THE TRIBUNAL IN A.NO-233- 251/2025 (VIDE ANNEXURE-A) IN SO FAR AS THE PETITIONERS HERE IN ARE CONCERNED AND II) TO DIRECT THE RESPONDENT TO CONTINUE THE PETITIONERS IN THE PRESENT PLACES TILL THE COUNSELING FOR THE NEXT ACADEMIC YEAR 2026-27 TAKES PLACE. IN WP NO. 25362/2025 BETWEEN: 1. DR. NAGMA FIRDOSE, W/O. DR. AYUB ALI KHAN ZAI, AGED ABOUT 46 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT, GOUSHA GHSIS HOSPITAL, TASKER TOWN, SHIVAJINAGAR, BENGALURU, R/AT FLAT NO.107, GF, CHIRAG RESIDENCY, NO.7/2 A CROSS, OPP.BYATARAYANAPURA POLICE STATION, MYSURU ROAD, BENGALURU-560 026. 2. DR. AMEERUNNISA C/O LATE K.F.ARIFF, AGED ABOUT 49 YEARS, WORKING AS DENTAL SURGEON, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT, CHIEF DENTAL HEALTH OFFICER, BOWRING AND LADY CURZON HOSPITAL, SHIVAJINAGAR, BENGALURU R/AT NO.83, 4TH A CROSS, KANAKANAGAR, BENGALURU-560 032. - 10 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER 3. DR.FOUZIA. B, D/O LATE B.MUHAMMED, AGED ABOUT 54 YEARS, WORKING AS DEPUTY CHIEF MEDICAL OFFICER, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT, VICTORIA HOSPITAL, BENGALURU-560 002 R/AT H. NO. 102, 1411, ARMAAN CLASSIC APARTMENTS, 1ST CROSS, 8TH MAIN, S.R. KRISHNAPPA GARDENS, JAYANAGAR, BENGALURU-560 041. 4. DR.D.NARENDRAN S/O R.DORAISWAMY, AGED ABOUT 52 YEARS, WORKING AS CHIEF DENTAL HEALTH OFFICER, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT, CHIEF DENTAL HEALTH OFFICER, SERVICE CLINIC, GOVT.DENTAL COLLEGE, BENGALURU, R/AT NO. 5, 10TH MAIN, R.M. NAGAR, BENGALURU. 5. DR. RENUKA T. W/O RAVIKUMAR, AGED ABOUT 40 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT, GOVT.HSIS GOSHA HOSPITAL, SHIVAJINAGAR, BENGALURU. R/AT NO.958, 7TH MAIN, WOC 2ND STAGE, NAGAPURA, BENGALURU-560 086. 6. DR.TEJASWI R., S/O RAJANNA G.C. AGED ABOUT 35 YEARS, WORKING AS SENIOR SPECIALIST, - 11 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT, BOWRING AND LADY CURZON HOSPITAL, BENGALURU, R/AT NO.551, 6TH CROSS, 9TH BLOCK, NAGARABHAVI 2ND STAGE, BENGALURU-560 072. 7. DR.DEEPTHI U.S. S/O P.V.UMASHANKAR, AGED ABOUT 35 YEARS, WORKING AS SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT, VICTORIA HOSPITAL, BENGALURU-560 002 R/AT NO.376, 9TH MAIN, KCHS LAYOUT, BHUVANESHWARI NAGAR, NAGADEVANAHALLI, BENGALURU-560056. 8. DR.TANZEEMA C/O ABDUL FAZAL, AGED ABOUT 49 YEARS, WORKING AS CHIEF DENTAL HEALTH OFFICER, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT, GOVERNMENT DENTAL COLLEGE, BANGALORE, R/AT NO.126, 2ND CROSS, KHBS LAYOUT, MAHALAKSHMIPURAM EXTENSION, BENGALURU-560086. 9. DR.SUBRAMANI.G S/O GOVINDARAJU, AGED ABOUT 51 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT, SRI. ATAL BIHARI VAJAPAYEE - 12 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER MEDICAL COLLEGE AND RESEARCH CENTRE BOWRING AND LADY CURZON HOSPITAL, BENGALURU, R/AT NO.31, KAVERI LAYOUT, KURUDUSONNEHALLI ROAD, KODIGEHALLI, K.R.PURAM, BENGALURU-560 067. ...PETITIONERS (BY SRI. VIJAYA KUMAR, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. 2. THE COMMISSIONER, HEALTH AND FAMILY WELFARE SERVICES, DEPARTMENT, AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560 023. 3. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, MEDICAL EDUCATION DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. 4. THE DEAN AND DIRECTOR, BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE, BENGALURU-560002. 5. THE PRINCIPAL, GOVERNMENT DENTAL COLLEGE, BENGALURU-560002. 6. THE DEAN AND DIRECTOR, SRI ATAL BIHARI VAJPAI MEDICAL COLLEGE AND RESEARCH INSTITUTE, - 13 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER SHIVAJINAGAR BENGALURU- 560051. 7. THE SUPERINTENDENT, GOVERNMENT HSIS, GOSHA HOSPITAL, BENGALURU- 560051. 8. THE DIRECTOR, REGIONAL INSTITUTE OF OPTHALMOGY, MINTO EYE HOSPITAL, BENGALURU -560004. 9. DR. RAVI M C S/O. LATE G CHIKKANNA, AGED ABOUT 55 YEARS, WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICE DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION, WORKING AT VICTORIA HOSPITAL, BANGALORE, R/AT NO. 309, NAKSHA HYDE PARK APT, KODIPALYA CROSS, VISHNUVARDHAN ROAD, KENGERI, BANGALORE-560060. 10. DR. JENSY RESHMA D’SOUZA, D/O. JOHN D’SOUZA, AGED ABOUT 39 YEARS, WORKING AS SPECIALIST, HEALTH AND FAMILY WELFARE SERVICE DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT, MINTO OPTHALMIC HOSPITAL, CHAMARAJPET, TIPPU SULTAN PALACE ROAD, OPP. V V PURAM POLICE STATION, NEW TARAGUPET, BANGALORE-02 R/AT NO.203, HAVEN, 4TH CROSS, - 14 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER MCECHS LAYOUT, HEGDE NAGAR, BANGALORE-560 077. 11. DR. G V VIJAYA BHASKAR, S/O. G VASANTH KUMAR, AGED ABOUT 41 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICE DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT, VICTORIA HOSPITAL, BANGALORE-560002, R/AT NO.54, OLETY GREENS APT, NEAR OXFORD SECONDARY SCHOOL, NANDINI LAYOUT, BANGALORE-560 096. 12. DR. SAPNA LAXMAN DANDIN, D/O. LATE DR. LAXMAN L DANDIN, AGED ABOUT 42 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICE DEPARTMENT AND ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT, SRI. ATAL BIHARI VAJAPAYEE MEDICAL COLLEGE AND RESEARCH CENTER, BOWRING AND LADY CURZON HOSPITAL, BANGALORE, R/AT NO. 31, KAVERI LAYOUT, KURUDUSONNEHALLI ROAD, KODIGEHALLI, K.R. PURAM, BANGALORE-560 067. ...RESPONDENTS (BY SRI.REUBEN JACOB, AAG A/W SRI V SHIVAREDDY, AGA FOR R1 TO R3 & R5 SRI P.S. MALIPATIL, ADV. FOR R4 & R8 R6 & R7 SERVED & UNREPRESENTED NOTICE TO R9 TO R12 D/W) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO (I) TO SET ASIDE THE ORDER DATED 7.08.2025 PASSED BY THE TRIBUNAL IN APPLICATION NO.220 TO 232/2025 (VIDE ANNEXURE-A) - 15 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER AND ALLOW THE APPLICATIONS AS PRAYED FOR AND (II) TO PASS SUCH OTHER ORDER AS THIS COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. IN WP NO. 26256/2025 BETWEEN: 1. DR. MANASA S D/O DR. SIDDALINGAIAH AGED ABOUT 40 YEARS WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT VICTORIA HOSPITAL, BENGALURU R/AT NO.398, ‘BANAVASI’ 4TH CROSS, 43RD MAIN, IDEAL HOMES, R.R. NAGAR, BENGALURU. 2. DR.SANTOSH H.R. S/O RAJAPPA R.B. AGED ABOUT 49 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT DEPARTMENT OF ORTHOPEDICS 'B' BLOCK, VICTORIA HOSPITAL, BENGALURU-560 002 R/AT NO.2032/105, SIR M.VISHWESWARAJAH LAYOUT, 5TH BLOCK, BENGALURU-560110. 3. DR.USHA B.R. D/O RANGANNA B.S., AGED ABOUT 46 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT - 16 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER VICTORIA HOSPITAL, BENGALLIRU R/AT NO.51/2, 1ST CROSS 10TH MAIN, SARAKKI GATE KANAKAPURA MAIN ROAD J.P.NAGAR, 1ST PHASE BENGALURU-560078. ...PETITIONERS (BY SRI. VIJAYA KUMAR, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, VIKASA SOUDHA BENGALURU-560 001. 2. THE COMMISSIONER, HEALTH & FAMILY WELFARE SERVICES, DEPARTMENT, AROGYA SOUDHA MAGADI ROAD, BENGALURU-560023. 3. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, MEDICAL EDUCATION DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001. 4. THE DEAN AND DIRECTOR, BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE, BENGALURU. 5. THE SUPERINTENDENT, BANGALORE VICTORIA HOSPITAL, SHIVAJINAGAR, BANGALORE. 6. THE SUPERINTENDENT, VANI VICTORIA HOSPITAL, SHIVAJINAGAR, BANGALORE. - 17 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER 7. THE PRINCIPAL GOVERNMENT DENTAL COLLEGE BENGALURU. 8. THE DEAN AND DIRECTOR, SRI ATAL BIHARI VAJPAI MEDICAL COLLEGE AND RESEARCH INSTITUTE, SHIVAJINAGAR, BENGALURU. 9. THE SUPERINTENDENT. GOVERNMENT HSIS, GOSHA HOSPITAL, BENGALURU. 10. THE DIRECTOR, REGIONAL INSTITUTE OF OPHTHALMOLOGY MINTO EYE HOSPITAL BENGALURU. 11. DR.SUBINDH G.B., S/O DR.BORE GOWDA, AGED ABOUT 53 YEARS, WORKING AS MEDICAL OFFICER HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT WORKING AS MEDICAL OFFICER, GHSIS GOSHA HOSPITAL, SHIVAJINAGAR, BENGALURU R/AT NO.3901, NEW DHOBHI GHAT, BANASHANKARI 2ND STAGE, BENGALURU. 12. DR.RAVISHANKAR B.M. S/O A.CHIKKAMUNIYAPPA, AGED ABOUT 57 YEARS, WORKING AS SENIOR SPECIALIST, (GENERAL MEDICINE), HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT - 18 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER VANIVILAS HOSPITAL, BENGALURU, R/AT NO.2271, 4TH CROSS 5TH MAIN, RPC LAYOUT VIJAYANAGAR II STAGE BENGALURU-560040. 13. DR.RAJALAKSHMI N., W/O SAN JAY VENUGOPAL AGED ABOUT 50 YEARS, WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT VICTORIA HOSPITAL, BENGALURU R/AT NO.1258/1, 7TH CROSS, BEHIND ICICI BANK, CHANDRA LAYOUT, BENGALURU-560089. 14. DR.SURESH K.S. S/O SHADAKSHARAPPA AGED ABOUT 53 YEARS, WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT BOWRING HOSPITAL, BENGALURU R/AT NO.47, 1ST MAIN, 1ST CROSS, NBK LAYOUT, HEBBAL, BENGALURU-560086. 15. DR. SUMA K.S., D/O K.B.SINGE GOWDA, AGED ABOUT 49 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT DEPARTMENT OF OBG, VANIVILAS HOSPITAL, R/AT NO.43, 7TH CROSS, I MAIN ROAD, CANARA BANK COLONY - 19 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER CHANDRA LAYOUT BENGALURU -560040. 16. DR. PRASHANTH H K S/O H.K.HOMBALE GOWDA AGED ABOUT 54 YEARS. WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT DEPARTMENT OF PEDIATRICS VANIVILAS HOSPITAL, BMCRI BENGALURU-560 002 R/AT NO.523, 19TH CROSS 1ST BLOCK, NARAYAN NAGAR DODDAKALLASANDRA BENGALURU-560062. 17. DR.PRABHAVATHI. C.N. D/O NAGARAJU, AGED ABOUT 53 YEARS WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT DEPARTMENT OF OBG, VANIVILAS HOSPITAL BMCRI, BENGALURU-560 002 R/AT NO.523, 19TH CROSS, 1ST BLOCK, NARAYAN NAGAR, DODDAKALLASANDRA, BENGALURU-560 062. 18. DR.POORNIMA R.N. D/O M.R.NARAYANA SWAMY, AGED ABOUT 49 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT WORKING AT VICTORIA HOSPITAL, K R MARKET, BANGALORE R/AT NO.52. BELAKU 4TH CROSS - 20 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER NAVODHAYA NAGAR, J.P.NAGAR 7TH PHASE, BENGALURU-560078. 19. DR.SHANTHAKUMAR A. S/O AYAPPA AGED ABOUT 58 YEARS, WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICE DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT GOVT. HSIS GOSHA HOSPITAL R/AT NO.10/16, 1ST MAIN CHIKKAADUGODI, DRC POST BENGALURU-560-029. 20. DR. HEMALATHA .P W/O MANJUNATHA SWANY B M AGED ABOUT 49 YEARS, WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT GHSIS GOSHA HOSPITAL, BENGALURU, R/AT NO.2200, 3RD 'B' MAIN 5TH CROSS, 2ND STAGE, VIJAYANAGAR, BENGALURU-40. 21. DR.KAVITHARANI.A W/O S.KUMARAN, AGED ABOUT 52 YEARS, WORKING AS SENIOR SPECIALIST, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT HSIS GOSHA HOSPITAL, SHIVAJINAGAR, BENGALURU, R/AT NO.100/1, BULL TEMPLE ROAD, K.G. NAGAR, BENGALURU-500019. 22. DR.SURESH M S/O D.MANOGARAN AGED ABOUT 53 YEARS, WORKING AS SENIOR SPECIALIST HEALTH AND FAMILY WELFARE SERVICES - 21 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER DEPARTMENT, ON DEPUTATION TO MEDICAL EDUCATION DEPARTMENT BOWRING HOSPITAL, SAVINCRI, BENGALURU-560 001 R/AT NO.1, 2ND MAIN, 1ST CROSS, R.R.LAYOUT, VIJINAPURA, BENGALURU-560-016. ...RESPONDENTS (BY SRI. REUBEN JACOB, AAG A/W SRI V SHIVAREDDY, AGA FOR R1 TO R3 & R7 R5 & R10 SERVED & UNREPRESENTED NOTICE TO R11 TO R22 AND R25 D/W) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO (I) TO SET ASIDE THE ORDER DATED 07.08.2025 PASSED BY THE TRIBUNAL IN APPLICATION NO.238, 239, 241/2025 (VIDE ANNEXURE- A) IN SO FAR THE PETITIONERS HEREIN ARE CONCERNED; (II) TO DIRECT THE RESPONDENTS TO CONTINUE THE PETITIONERS IN THE PRESENT PLACES TILL THE COUNSELING FOR THE NEXT ACADEMIC YEAR 2026-27 TAKES PLACE, AND ETC. IN WP NO. 27516/2025 BETWEEN: DR. B S MANJUNATH S/O B. SUBBA REDDY, AGED ABOUT 49 YEARS, PRESENTLY WORKING AS RMO / HICCC SECRETARY AND SENIOR SPECIALIST, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, DEPARTMENT OF MEDICAL EDUCATION, SDS TRC AND RAJIV GANDHI INSTITUTE OF CHEST DISEASES, SOMESHWARANAGAR, BEHIND NIMHANS, BENGALURU 560 029. ...PETITIONER (BY SRI. K THEJUS, ADV. FOR SMT. ASHIKA GURUMATH, ADV.) - 22 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER AND: 1. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, VIKASA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BENGALURU - 560 023. 3. THE PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, VIKASA SOUDHA, BENGALURU - 560 001. ...RESPONDENTS (BY SRI. REUBEN JACOB, AAG A/W SRI V SHIVAREDDY, AGA FOR R1 TO R3) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO I) SET ASIDE THE ORDER DATED 11/08/2025 PASSED BY THE TRIBUNAL IN APPLICATION NO.282/2025 (VIDE ANNEXURE-A) IN SO FAR THE PETITIONER HEREIN IS CONCERNED; II) DIRECT THE RESPONDENTS TO CONTINUE THE PETITIONER IN THE PRESENT PLACE TILL THE COUNSELING FOR THE NEXT ACADEMIC YEAR 2026-27 TAKES PLACE AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND - 23 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioners in W.P.No.25362/2025 are aggrieved by the order dated 07.08.2025 in Application Nos.220- 232/2025 wherein, they had questioned the Notification dated 21.01.2025 repatriating their services from the department of Medical Education to their parent Health and Family Welfare Services Department. The petitioners in W.P.No.25666/2025 and W.P.No.26256/2025 are before this Court, questioning the order dated 07.08.2025 in Applications Nos.233-251/2025 passed by the Karnataka State Administrative Tribunal, at Bengaluru (for short “the Tribunal”) whereunder also, the petitioners had questioned the Notification dated 21.01.2025 repatriating their services from the department of Medical Education to the Health and Family Welfare Services Department. In W.P.No.27516/2025, the petitioners are questioning the order dated 11.08.2025 in Applications No.281-283/2025 passed by the Tribunal, wherein the petitioners had questioned Notification No.21.01.2025 repatriating their - 24 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER services from the Department of Medical Education to the Health and Family Welfare Services Department. 2. In all the writ petitions, the petitioners belong to Health and Family Welfare Services Department and they are in the cadre of Senior Specialists. 3. Heard learned counsel Sri.Vijaya Kumar for petitioners in the above writ petitions and learned Additional Advocate General Sri.Reuben Jacob along with Sri.V.Shivareddy, learned Additional Government Advocate for respondent-State. Perused the entire writ petition papers including the affidavit of the Commissioner of Health and Family Welfare Services Department dated 15.09.2025. 4. It is submitted by the learned counsel for the petitioners that the petitioners were deputed to work at various medical colleges of the 3rd respondent Medical Education Department. It is also submitted that due to dearth of doctors in the respective medical colleges, - 25 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER services of the petitioners were deputed. Learned counsel Sri.Vijaya Kumar would contend that under KCSRs maximum and minimum period of deputation prescribed is 5 and 3 years respectively. It is contended that some of the petitioners have not even completed minimum period of 3 years of deputation and in certain cases, though minimum period is completed, they have not completed maximum deputation period of 5 years. In that circumstances, learned counsel would submit that the respondents could not have repatriated the services of the petitioners under impugned Notification dated 21.01.2025 and directed the petitioner’s to report to duty at the Office of the Commissioner of department of Health and Family Welfare Services seeking further posting. Learned counsel would submit that the transfer and posting of the doctors in the department of Health and Family Welfare Services is governed by the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and other Staff) Act, 2011 (for short “2011 Act”) and the Karnataka State - 26 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER Civil Services (Regulation of Transfer of Medical Officers and other Staff) Rules, 2025 (for short “2025 Rules”). In terms of the above stated Act and Rules, priority list of doctors is to be published and counseling is to be conducted before posting the doctors to any post. Learned counsel would further submit that the respective medical colleges where petitioners were working have written letter to the Government, stating that the services of the petitioners are very necessary and sought continuation of their services. Further, learned counsel would submit that the vacanct positions for conducting counseling is not properly published and published lists would not indicate proper vacancy position. Learned counsel would submit that though the Government has stated that there are 606 critical vacancies, all the vacancies are not shown in the priority list, so as to enable the petitioners to choose their vacancy. It is submitted that, initially, the petitioners were called for counseling on 06.09.2025 and a list of critical vacancies was published - 27 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER which indicated 59 vacancies, out of which, 12 were critical vacancies in respect of General Medicine. Further, learned counsel would submit that counseling on 06.09.2025 was cancelled and petitioners were asked to attend the counseling to be held on 08.09.2025. On 08.09.2025, only 23 vacancies were notified in General Medicine. Thus, learned counsel would submit that there was no proper opportunity to select the vacancies as on the date of petitioners’ counseling, since all vacancies were not shown in the counseling. 5. Learned counsel Sri.Vijaya Kumar would allege that the respondents have shown only few vacancies and some of the vacancies are withheld as on the date of counseling to the disadvantage of the petitioners. Learned counsel would submit that in W.P.No.25666/2025 and W.P.No.26256/2025, there was no interim order in favour of the petitioners and though names of some of the petitioners were shown in the priority list, they were not called for counseling, since they were out of 15% - 28 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER permissible transfer. However, he submits that after dismissal of the applications before the Tribunal, they were subjected to counseling, which is contrary to the Act and Rules. Learned counsel Sri.Vijaya Kumar mainly contended that as the petitioners have not completed their minimum or maximum tenure of deputation, they could not have been repatriated to their parent department. Thus, he prays for allowing the writ petitions by setting aside the order passed by the Tribunal and to allow the applications filed before the Tribunal. 6. Per contra, learned Additional Advocate General Sri.Reuben Jacob would submit that the petitioners were deputed initially for a period of one year or until further orders, whichever is earlier. As could be seen from the Notification dated 30.09.2023 (Annexure-A1), majority of the petitioners were deputed to Medical Education Department. It is submitted that when the tenure is stated in the order of deputation itself, the petitioners cannot seek for continuation for more than the tenure as - 29 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER stated in the order of deputation. Learned AAG would further submit that, a person who is on deputation has no right to continue in the deputed post and it is for the borrowing Department or for the lending Authority to withdraw the services or to repatriate the services of the deputed persons. Learned AAG would submit that maximum or minimum period as stated under Rule 50 of KCSRs is not mandatory. Further, he submits that Rule 50 would have no application to the cases of the petitioners since they were deputed for a fixed term. 7. Learned AAG would further submit that the priority list of doctors was published and all the critical vacancies were shown as on the date of petitioners’ counseling i.e., on 08.09.2025. Further, learned AAG referring to Rule 10 of 2025 Rules would submit that the first priority of the Government is to fill up all the critical vacancies and only after filling up of critical vacancies, it would be open for filling up other vacancies. Thus, he submits that there are 606 critical vacancies and all 606 vacancies were shown - 30 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER for counseling on 08.09.2025. Further, learned AAG referring to the list placed on record by the petitioners along with their rejoinder statement submits that the said list is not published or uploaded and those lists are only working list which were under preparation for publishing the list on 08.09.2025. Learned AAG would invite attention of this Court to the affidavit filed today before the Court, enclosing all 606 critical vacancies shown on 08.09.2025 for counseling and submits that even today, the list uploaded on 07.09.2025 could be downloaded, which indicates all 606 critical vacancies. Thus, learned AAG would submit that the procedure as prescribed under the Act and Rules have been followed and since the petitioners have no right to continue in the deputed posts, they would be given appropriating posting, after conducting counseling. Thus, he would pray for dismissal of the writ petitions. 8. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, the only point - 31 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER that would fall for our consideration is as to whether the impugned orders passed by the Tribunal require interference at the hands of this Court and whether the petitioners have right to continue on deputation in the peculiarity of the present case? 9. Answer to the above point would be in the negative for the following reasons: Admittedly, the petitioners belong to the department of Health and Family Welfare Services and they are in the cadre of Senior Specialists. They were deputed to the hospitals run by the Medical Education Department under Notification dated 30.09.2023. The order of deputation with regard to their tenure reads as follows: “¤AiÉÆÃf£ÉUÉƽ¸À¯ÁzÀ ªÉÊzÁå¢PÁjUÀ½UÉ MAzÀÄ ªÀµÀð CxÀªÁ ªÀÄÄA¢£À DzÉñÀ, EzÀgÀ°è AiÀiÁªÀÅzÀÄ ªÉÆzÀ¯ÉÆà C°èAiÀĪÀgÉUÉ ¤AiÉÆÃd£ÉUÉƽ¹zÉ.” 10. The petitioners are deputed with fixed tenure of one year or until further orders whichever is earlier. - 32 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER Admittedly, all the petitioners have completed their tenure of one year. When the petitioners are deputed indicating the tenure and when they have accepted such tenure of deputation without any protest, Rule 50 would not come to their assistance. As per Annexure-A1/Notification dated 30.09.2023, the petitioners would not possess any right to seek continuation of their services on deputation. 11. As noticed above, the transfer and posting of Medical Officers and other Staff of the department of Health and Family Welfare Services is regulated by 2011 Act as well as 2025 Rules. Section 3 of 2011 Act mandates transfer or promotion to be through counseling. Under 2025 Rules, “Critical Vacancy” is defined to mean and include such of those vacancies in any cadre which in the exigencies of Administration and in the best interest of Public Health and Family Welfare Service, Government cannot afford to perpetuate the same, namely:- (i) where more than fifty percent of the sanctioned posts in a cadre are vacant in any - 33 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER Government Hospital or Government Institution other than a Primary Health Centre or sub-centre; and (ii) absence of any one of the Specialists among the team of three Specialists viz., OBG, Pediatrician, Anesthetist who are very much essential for providing proper care to mother and child health in a Government Hospital or Government Institution.” Rule 6 prescribes minimum period of stay at a place; Rule 7 requires notification of vacancies; Rule 10 lays down general instructions regarding counseling; Rule 10(3) empowers the Government to transfer in public interest any time during the year in the exigencies of administration, subject to conditions that such transfer was only to fill up the critical vacancies and shall be filled by giving option to choose critical vacancies to all those who are eligible for the said post and who have completed prescribed minimum tenure under Rule 6(1), subject to provision therein. 12. On repatriation of the petitioners from Medical Education Department to their parent department, Health - 34 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER and Family Welfare Services, a priority list was published including the names of the petitioners in W.P.No.25362/2025 and some of the petitioners in other three writ petitions. They were initially called for counseling on 06.09.2025 which was cancelled and subsequently, on 08.09.2025, counseling was conducted. The affidavit of the Commissioner, Health and Family Welfare Services Department dated 15.09.2025 is filed today before the Court enclosing entire 606 vacancies which were shown or made available to the doctors who were counseled on 08.09.2025. Page No.1 of document No.1 enclosed to the affidavit dated 15.09.2025 reads as follows: «µÀAiÀÄ PÀqÀvÀzÀ ªÀÄÆ® ¢£ÁAPÀ ¨sÁµÉ UÁvÀæ qË£ÉÆèÃqï UÀÆæ¥ï ‘J’ ªÀÈAzÀzÀ PÀrªÉÄ ¸ÁzsÀ£ÉAiÀÄļÀî ¸ÀªÀÄÄzÁAiÀÄ DgÉÆÃUÀå PÉÃAzÀæzÀ ¸ÀܼÀ¤AiÀÄÄQÛUÉƼÀîzÉà EgÀĪÀ vÀdÕ ªÉÊzÀågÀÄUÀ¼ÀÄ »A¢£À ¸ÀܼÀzÀ°èAiÉÄà PÀvÀðªÀå ªÀÄÄAzÀĪÀgɸÀĪÀ §UÉÎ CAvÀeÁð®zÀ°è ¥ÀæPÀn¸ÀĪÀ §UÉÎ. ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 10.09.2025 qË£ÉÆèÃqï vÀdÕgÀÄ/ªÉÊzÀågÀÄUÀ¼À SÁ° ºÀÄzÉÝUÀ¼À ¥ÀlÖ ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 07.09.2025 qË£ÉÆèÃqï vÀdÕgÀÄ/ªÉÊzÀågÀÄUÀ¼À CAwªÀÄ ¥ÀnÖ ¨sÁUÀ-2 ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 06.09.2025 qË£ÉÆèÃqï vÀdÕgÀÄ/ªÉÊzÀågÀÄUÀ¼À CAwªÀÄ ¥ÀnÖ ¨sÁUÀ-1 ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 06.09.2025 qË£ÉÆèÃqï vÀdÕgÀÄ/ªÉÊzÀågÀÄUÀ¼À ¸ÀÆZÀ£Á ¥ÀvÀæ ¢£ÁAPÀ:06.09.2025 ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 06.09.2025 qË£ÉÆèÃqï - 35 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER vÀdÕ ªÉÊzÀågÀ ¸ÀÆZÀ£Á ¥ÀvÀæ ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 02.09.2025 qË£ÉÆèÃqï vÀdÕgÀÄ/ªÉÊzÀågÀÄUÀ¼À ¥ÀæPÀluÉ ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ qË£ÉÆèÃqï ¤¬ÄÃd£ÉAiÀÄ°ègÀĪÀ ªÉÊzÀågÀÄ/vÀdÕ ªÉÊzÀågÀ vÁvÁÌ°PÀ ¥ÀnÖ ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ qË£ÉÆèÃqï ªÉÊzÀågÀÄ/vÀdÕ ªÉÊzÀågÀ ¸ÀÆZÀ£Á ¥ÀvÀæ ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ qË£ÉÆèÃqï ªÉÊzÀågÀÄ/vÀdÕ ªÉÊzÀågÀ ¸ÀÆZÀ£Á ¥ÀvÀæ 2 ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 19.08.2025 qË£ÉÆèÃqï ªÉÊzÀågÀÄ/vÀdÕ ªÉÊzÀågÀ ¸ÀÆZÀ£Á ¥ÀvÀæ 1 ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 19.08.2025 qË£ÉÆèÃqï ªÉÊzÀågÀÄ/vÀdÕ ªÉÊzÀågÀ SÁ° ºÀÄzÉÝUÀ¼À ªÀiÁ»w ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 19.08.2025 qË£ÉÆèÃqï DgÉÆÃUÀå ¤jÃPÀëuÁ¢üPÁjUÀ¼À C¦Ã®Ä ¥Áæ¢üPÁgÀzÀ 2£Éà ¥ÀnÖ ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 19.08.2025 qË£ÉÆèÃqï ªÉÊzÀågÀÄ/vÀdÕ ªÉÊzÀågÀ SÁ° ºÀÄzÉÝUÀ¼À ªÀiÁ»wæ ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 19.08.2025 qË£ÉÆèÃqï ªÉÊzÀågÀÄ/vÀdÕ ªÉÊzÀågÀ ¸ÀÆZÀ£Á ¥ÀvÀæ ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 18.08.2025 qË£ÉÆèÃqï ±ÀıÀÆæµÁ¢üPÁjUÀ¼À C¦Ã®Ä ¥Áæ¢üPÁgÀzÀ 2£Éà ¥ÀnÖ ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 18.08.2025 qË£ÉÆèÃqï UÀÄA¥ÀÄ D-2025-26 £Éà ¸Á°£À ªÀUÁðªÀuÉAiÀÄ ¢£ÁAPÀ 08.08.2025gÀ ªÉÄîä£À«AiÀÄ DzÉñÀ ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 14.08.2025 qË£ÉÆèÃqï ªÁºÀ£À ZÁ®PÀgÀ ¸ÀĪÉÆÃmÉÆà ªÀÄÆ®PÀ ¸ÀܼÀ ¤AiÀÄÄQæUÉƽ¹ DzÉñÀ¹zÉ ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 14.08.2025 qË£ÉÆèÃqï ªÉÊzÀågÀÄUÀ¼À 2£Éà ªÉÄîä£À«AiÀÄ ¤zsÁðgÀ ¥ÀnÖ ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 13.08.2025 qË£ÉÆèÃqï ªÉÊzÀågÀÄUÀ¼À ªÉÄîä£À«AiÀÄ C¢üPÀÈvÀ eÁÕ¥À£Á ¥ÀvÀæ ¤zÉÃð±À£Á®AiÀÄ CPÀÄPÀ ¸ÉêÉUÀ¼ÀÄ 13.08.2025 qË£ÉÆèÃqï 13. Learned AAG referring to the above would submit that the above enclosure would disclose the various lists published on various dates by the Health and Family Welfare Services Department and if the same is downloaded, everyone would get entire lists published on the dates indicated against each of the columns. Learned - 36 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER AAG has assured that only after filling up the critical vacancies, the other vacancies would be made available for counseling. It is also submitted that the petitioners were repatriated to the Health and Family Welfare Services department only to fill up the critical vacancies. As there is dearth of Medical Officers, petitioners’ services were recalled to the Medical Education Department. 14. With regard to the contention that some of the petitioners in W.P.No.25666/2025 and W.P.No.26256/2025, were outside 15% of permissible transfer, learned AAG would submit that the petitioners were repatriated in the month of January 2025 i.e., under notification dated 21.01.2025 and they had to be given posting in terms of Rule-10(3) of 2025 Rules and it is not a general transfer. It is also submitted that in terms of Rule 15 of 2025 Rules, by following the procedure prescribed therein, posting could be given after conducting counseling. When the submission of the learned AAG is that there is dearth of Medical Officers in the department - 37 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER of Health and Family Welfare Services and that is the reason for repatriation to fill up critical vacancies is considered, the contention of the petitioners that if the petitioners are outside 15% of permissible transfer limit, they ought to have been continued on deputation, so as to enable them to participate in the next year General Transfer counseling cannot be accepted, especially when the services of the petitioners where they are recruited and appointed would be necessary. It is for the State which is the Recruiting Authority/Appointing Authority to utilize the services of such doctors. Moreover, the process of posting of petitioners is not in general transfer period, but on their repatriation in January 2025. 15. Learned AAG points out that Rule 18 of 2025 Rules provides appeal to the competent authority with regard to individual grievance and if such grievance is made out, the Government would consider the same in appeal, if any preferred. Under Article 226 of the Constitution of India, this Court would not sit as an Appellate Authority and - 38 - HC-KAR NC: 2025:KHC:36624-DB WP No. 25666 of 2025 C/W WP No. 25362 of 2025 WP No. 26256 of 2025 AND 1 OTHER would not be in a position to examine each case, so as to calculate the disputed vacancies which were made available for counseling or not. In that circumstances, it would be open for the Appellate Authority to go into all those details. If the petitioners are aggrieved, it is open for them to prefer appeal individually. 16. With the above, all the writ petitions stand disposed off. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MPK CT:bms List No.: 1 Sl No.: 2