- 1 - NC: 2025:KHC-K:78 RP No. 200022 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S.KAMAL REVIEW PETITION NO. 200022 OF 2024 BETWEEN: DR. TARANATH S/O LATE DR. NARASIMHALU, AGED ABOUT 37 YEARS, OCCUPATION: DOCTOR MS, DNB (ORTHO), RESIDENT OF CARE OF NANDINI HOSPITAL UDAYNAGAR, STATION ROAD, RAICHUR - 584 101. …PETITIONER (BY SRI. SHIVAKUMAR KALLOOR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION BY ITS PRINCIPAL SECRETARY VIKAS SOUDHA, BENGALURU - 560 001. 2. THE DIRECTOR OF MEDICAL EDUCATION BENGALURU - 560 001. 3. THE DIRECTOR OF RAICHUR INSTITUTE OF MEDICAL SCIENCE, RAICHUR - 584 101. 4. THE GOVERNMENT COUNCIL BY ITS CHAIRMAN OF Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:78 RP No. 200022 of 2024 RAICHUR INSTITUTE OF MEDICAL SCIENCE RIACHUR - 584 101. 5. THE MEDICAL COUNCIL OF INDIA NEW DELHI - 110 011 REPRESENTED BY ITS SECRETARY. 6. THE DEPARTMENT OF ORTHOPEDICS RIMS, BY ITS HOD, RAICHUR INSTITUTE OF MEDICAL SCIENCE RAICHUR - 584 101. 7. DR. NEETA P N ASSISTANT PROFESSOR IN COM. MEDI IN RIMS, RAICHUR-584 101. 8. DR. SWETHA ASSISTANT PROFESSOR IN COM. MEDI. IN RIMS, RAICHUR -584 101. 9. DR. CHANNABASAVA ASSISTANT PROFESSOR IN ORTHOPEDIC IN RIMS, RAICHUR-584 101.. 10. DR. INDRANI K., ASSISTANT PROFESSOR IN PATHOLOGY IN RIMS, RAICHUR-584 101. 11. DR. MD. ISMAIL ASSISTANT PROFESSOR IN RADIOLOGY IN RIMS, RAICHUR -584 101. 12. DR. YASMEEN FATHIMA ASSISTANT PROFESSOR IN BIOCHEMISTRY IN RIMS, RAICHUR -584 101. - 3 - NC: 2025:KHC-K:78 RP No. 200022 of 2024 13. DR. TEJASWHINI PATIL ASSISTANT PROFESSOR IN PATHOLOGY IN RIMS, RAICHUR -584 101. 14. DR. G RAGHUKANTH R ASSISTANT PROFESSOR IN GEN. MED. IN RIMS, RAICHUR -584 101. 15. DR. SHILPA ASSISTANT PROFESSOR IN GEN. MED. IN RIMS, RAICHUR-584 101. 16. DR. DEEPASHREE ASSISTANT PROFESSOR IN OBG IN RIMS, RAICHUR-584 101. 17. DR. SHANKARLINGA S ASSISTANT PROFESSOR ORTHOPEDICS IN RIMS, RAICHUR -584 101. 18. DR. RAMYA ASSISTANT PROFESSOR IN PEDIATRICS IN RIMS, RAICHUR -584 101. …RESPONDENTS (BY SRI. SHABUDDIN JAMADAR, HCGP FOR R1 & R2; SRI. SACHIN M. MAHAJAN, ADVOCATE FOR R3, R4 AND R6; SRI. SUDHIRSINGH R., VIJAPUR ASGI FOR R5; SRI. D.P. AMBEKAR, ADVOCATE FOR R7, R9 TO R16 AND R18, VIDE ORDER DATED:08.01.2015 R8 AND R17 ARE DISPENSED) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 OF CPC PRAYING TO ALLOW THE ABOVE REVISION PETITION AND RECALL THE ORDER DATED:19.12.2023 AND RESTORE THE WRIT PETITION NO.203684/2019 C/W 200754/2022 AND RE HEAR THE MATTER. - 4 - NC: 2025:KHC-K:78 RP No. 200022 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL ORAL ORDER Petitioner is before this Court seeking following relief: ''Whereof it is prayed that this Hon'ble Court be pleased to allow the above review petition and recall the order dated 19.12.2023 and restore the writ petition No: 203684/2019 C/w 200754/2022 and re-hear the matter, in ends of justice and equity.'' 2. Petitioner herein had approached this Court on earlier occasion by filing W.P.No.203684/2019 C/w W.P.No.200754/2022, which was disposed of on 19.12.2023. 3. Paragraph Nos.5 and 6 of the aforesaid order dated 19.12.2023 reads as under: ''5. The fact of the matter reveals that the respondent Nos.9 and 17 who were stated to have been selected for the applied post have not reported to the duty and the posts are admittedly still lying vacant. Petitioner who had applied under General Merit Category and Reserved Category was ranked third in the selection list. Since, the post is stated to be vacant, the respondent Nos.2, 3 and 4 shall consider the candidature of the petitioner for the post which is lying vacant and for which the petitioner had applied for. It is also stated that the petitioner is serving in the same institution in the same post on ad-hock basis. Considering these peculiar facts and situation of the matter, the respondent Nos.2, 3 and 4 shall consider the case of the petitioner for accommodating him to the post of Assistant Professor in orthopedics, if he satisfies the requirement or is found otherwise eligible. - 5 - NC: 2025:KHC-K:78 RP No. 200022 of 2024 6. It is further directed the respondent shall consider the case of the petitioner within an outer limit of four weeks from the date of receipt of certified copy of this order. It is made clear that if in the event the case of the petitioner is not considered, the petitioner is at liberty to revive this petition.'' 4. Sri. Shivakumar Kalloor, learned counsel for the petitioner submits that pursuant to the aforesaid order, petitioner had made representation on 09.02.2024 and in response thereof, the respondent-Institution has issued Official Memorandum dated 22.02.2024, wherein the request of the petitioner made in representation dated 30.01.2024, has been rejected. Relevant portion of endorsement is as under: ''The Hon'ble High Court of Karnataka, Kalaburagi Bench has disposed of WP No. 200754/2022 C/W WP No. 203684/2019 on 19.12.2023 issuing directions to the respondents to consider the candidature of Dr.Taranath N. Accordingly Dr.Taranath N has submitted a representation dated 30.01.2024 along with the copy of the final order passed by The Hon'ble High Court of Karnataka, Kalaburagi bench. In this background, the matter regarding the order passed by the Hon'ble High Court of Karnataka, Kalaburagi bench and the said representation of Dr.Taranath N was taken up for consideration in the meeting of Governing Council of RIMS dated: 20.02.2024, in which there was detailed discussion and deliberation about the representation of Dr.Taranath N, in the light of the order passed by the Hon'ble High Court of Karnataka dated: 19.12.2023. From the careful consideration of the material on record, it clearly emerges that, Dr.Taranath N who belongs to SC/GM category (as stated in the application) is seeking appointment as Assistant Professor, Dept. of - 6 - NC: 2025:KHC-K:78 RP No. 200022 of 2024 Orthopedics in Raichur Institute of Medical Sciences, Raichur in terms of the Interview Notification dated: 06.05.2019 which was issued for appointment of 16 Assistant Professors for various subjects. However, from the reading of Notification dated: 06.05.2019, it is clear that, there is no provision for appointment of candidate belonging to SC/GM category as the same does not find place in the said notification. The process of selection of 16 Assistant Professor in pursuance of the Notification dated: 06.05.2019 was completed strictly as per the roster/reservation mentioned in the said notification and the suitable candidates who appeared for interview conducted on 27.05.2019 were appointed for the respective posts. However, merely because the candidate who was appointed as Assistant Professor in Dept. of Orthopedics has left the job and he was eventually terminated, cannot be the criteria for appointing, absorbing or accommodating Dr.Taranath N as Assistant Professor of Orthopedics as he does not belongs to any of the category of reservation mentioned in the notification dated: 06.05.2019 and further, the same will have cascading effect on the roster and it will disturb and upset the roster balance which is being strictly maintained as per law. The fresh appointment for the post of Assistant Professor, Dept. of Orthopedics will necessarily have to be by way of issuing fresh Notification as per the prevailing roster point. Therefore, with due regard and respect to the order passed by the Hon'ble High Court of Karnataka in WP No. 200754/2022 (5- RES) C/W WP No.203684/2019 (S-RES) dated: 19.12.2023, the Governing Council after due deliberation of the above subject has come to the conclusion of rejecting the request made by Dr.Taranath N in his representation dated: 30.01.2024.'' 5. Learned counsel for the petitioner referring to the above submits that this Court while disposing of the writ petitions had reserved liberty to the petitioner to revive the petition in the event of his representation not been considered - 7 - NC: 2025:KHC-K:78 RP No. 200022 of 2024 by the respondent-Institution. That since by the Official Memorandum dated 22.02.2024, the representation of the petitioner has been declined, the petitioner referring to the liberty that was reserved in the aforesaid order dated 19.12.2023, has filed the present petition. 6. Submission taken on record. 7. Review Petition is allowed. Order dated 19.12.2023 is recalled. 8. Writ petitions stand restored to its original file. Sd/- (M.G.S.KAMAL) JUDGE RL List No.: 19 Sl No.: 1