- 1 - HC-KAR NC: 2026:KHC:23209 WP No. 8431 of 2024 C/W WP No. 8429 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 8431 OF 2024 (S-RES) C/W WRIT PETITION NO. 8429 OF 2024 (S-RES) IN WP No.8431/2024: BETWEEN: DR. ROHINI DOSHETTY W/O DR PRADEEP AGED ABOUT 35 YEARS S/O I B GANIGER, RESIDING AT FLAT NO.305, HARA VIJAYA HEIGHTS, VISL LAYOUT, THALAGHATTAPURA, BEHIND COCA COLA GODOWN, BANGALORE – 560 109. …PETITIONER (BY SMT. AKKAMAHADEVI HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, VIKASA SOUDHA, DR B R AMBEDKAR VEEDHI , BANGALORE – 560 001. 2. THE DIRECTOR OF MEDICAL EDUCATION GOVERNMENT OF KARNATAKA, ANAND RAO CIRCLE, BANGALORE – 560 009. 3. KARWAR INSTITUTE OF MEDICAL SCIENCES (KRIMS) M.G ROAD, KARWAR - 581 301 REPRESENTED BY ITS DEAN AND DIRECTOR. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23209 WP No. 8431 of 2024 C/W WP No. 8429 of 2024 4. CHIEF ADMINISTRATIVE OFFICER KARWAR INSTITUTE OF MEDICAL SCIENCES (KRIMS) M G ROAD, KARWAR – 581301. 5. DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (DPAR) REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE – 560 001. 6. DR ARUNDHATHI H A ASST. PROFESSOR, MICROBIOLOGY KARWAR INSTITUTE OF MEDICAL SCIENCES (KRIMS) M G ROAD, KARWAR, UTTARA KANNADA DISTRICT – 581 301. 7. DR VIJETA VITHALRAY RANE CONSULTANT PEDIATRICIAN FIRST CHOICE MULTI SPECIALITY CENTRE, KESHAVA ROYALE BUILDING, HIGH CHURCH ROAD, KARWAR, UTTARA KANNADA – 581 301. 8. DR NANDINI S NAYAKA ASSISTANT PROFESSOR, DEPARTMENT OF PATHOLOGY / TRANSFUSION MEDICINE, KARWAR INSTITUTE OF MEDICAL SCIENCES , M G ROAD, KARWAR – 581 301. …RESPONDENTS (BY SRI. G. RAMESH NAIK, AGA FOR R-1, R-2, R-4 & R-5; SRI. MURTHY D. NAIK, SENIOR COUNSEL APPEARING FOR SRI. AKASH V.T., ADVOCATE FOR R-3 SRI. VIKRAM HUILGOL, SENIOR COUNSEL APPEARING FOR SRI. JAYSHAM JAYASIMHA RAO, ADVOCATE FOR R-6 TO R-8) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO HOLD AND DECLARE THAT THE DECATEGORISATION OF THE VACANCIES RESERVED FOR GM EX-MP (EX SERVICEMEN) AT SL.NO.18 AND 22 AND PH AT SL.NO.4 OF THE PROVISIONAL SELECTION LIST DATED 27/02/2024 IN NO.KRIMS/ACC/730/2023-24 (ANN A), ISSUED BY THE R3 IS BAD IN LAW AND ETC. - 3 - HC-KAR NC: 2026:KHC:23209 WP No. 8431 of 2024 C/W WP No. 8429 of 2024 IN WP NO.8429/2024: BETWEEN: DR. PRADEEP AGED ABOUT 35 YEARS, S/O I B GANIGER, RESIDING AT FLAT NO.305, HARA VIJAYA HEIGHTS, VISL LAYOUT TALAGHATTAPURA BEHIND COCA COLA GODOWN BANGALORE – 560 109 ...PETITIONER (BY SMT. AKKAMAHADEVI HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MEDICAL EDUCATION, VIKASA SOUDHA DR BR AMBEDKAR VEEDHI, BENGALURU 560 001. 2. THE DIRECTOR OF MEDICAL EDUCATION GOVERNMENT OF KARNATAKA, ANAND RAO CIRCLE BENGALURU – 560 009. 3. KARWAR INSTITUTE OF MEDICAL SICENCES (KRIMS) M G ROAD, KARWAR 581301 REP BY ITS DEAN AND DIRECTOR. 4. CHIEF ADMINISTRATIVE OFFICER KARWAR INSTITUTE OF MEDICAL SCIENCES (KRIMS) M G ROAD, KARWAR 581 301. 5. DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (DPAR) REP BY ITS SECRETARY, VIDHANA SOUHDA BANGALORE 560 001. 6. DR ARUNDHATHI H A AGED 32 YEARS, - 4 - HC-KAR NC: 2026:KHC:23209 WP No. 8431 of 2024 C/W WP No. 8429 of 2024 ASST. PROFESSOR, MICROBIOLOGY KARWAR INSTITUTE OF MEDICAL SCIENCES (KRIMS), MG ROAD KARWAR UTTARA KANNADA DISTRICT 581301. 7. DR VIJETA VITHALRAY RANE AGED ABOUT 30 YEARS, CONSULTANT PEDIATRICIAN, FIRST CHOICE MULTI-SPECIALTY CENTRE, KESHAVA ROYALE BUILDING HIGH CHURCH ROAD KARWAR, UTTARA KANNADA 581 301. 8. DR VIVEK KOTESHAPPA HOSAMANI AGED 33 YEARS, ASSISTANT PROFESSOR DEPARTMENT OF ANAESTHESIOLOGY KARWAR INSTITUTE OF MEDICAL SCIENCES MG ROAD, KARWAR 581 301 UTTARA KANNADA DISTRICT. 9. DR SHILPA NIJALINGAPPA BINGI AGED 33 YEARS, C/O KARWAR INSTITUTE OF MEDICAL SCIENCES (KRIMS) M G ROAD KARWAR 581 301. ...RESPONDENTS (BY SRI.G. RAMESH NAIK, AGA FOR R-1, R-2, R-4 & R-5 SRI. MURTHY D. NAIK, SENIOR COUNSEL APPEARING FOR SRI. AKASH V.T, ADVOCATE FOR R-3; SRI. VIKRAM HUILGOL, SENIOR COUNSEL APEPARING FOR SRI. JAYSHAM JAYASIMHA RAO, ADVOCATE FOR R-6 TO R-9) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO HOLD AND DECLARE THAT THE DECATEGORISATION OF THE VACANCIES RESERVED FOR GM EX-MP (EX SERVICEMEN) AT SL.NOS.18 AND 22 OF THE PROVISIONAL SELECTION LIST DATED 27/02/2024 IN NO.KRIMS/ACC/730/2023-24 (ANN A), ISSUED BY THE R3 IS BAD IN LAW AND ETC. THESE PETITIONS ARE COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:23209 WP No. 8431 of 2024 C/W WP No. 8429 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In W.P.No.8431/2024, petitioner seeks the following reliefs: a) To hold and declare that the decategorisation of the vacancies reserved for GM Ex-MP (Ex Servicemen) at Sl.Nos.18 and 22 and PH at Sl.No.4 of the Provisional Selection List dated 27.02.2024 in No.KRIMS/ACC/730/2023-24 (Ann A), issued by the 3rd Respondent is bad in law, and b) A writ of certiorari quashing the Provisional Selection List dated 27.02.2024 in No.KRIMS/ACC/730/2023-24 (Ann A), issued by the 3rd Respondent, insofar as it pertains to the selection of the Respondents 6, 7 and 8 and c) A writ of certiorari, quashing the Communication / Endorsement dated 02-03-2024, in No.KRIMS/1678/2023- 24 (Ann J) issued by the 3rd Respondent to the Petitioner, and d) A writ of mandamus, directing the Respondents 3 and 4 to redo the Provisional Selection List dated 27.02.2024 in No.KRIMS/ACC/730/2023-24 (Ann A), insofar as it pertains to the selection of the Petitioner by including the name of the Petitioner in the vacancy reserved for GM- EXMP. e) Call for records pertaining to the Selection Committee proceedings pertaining to Walk-In-Interview Notification dated 04.12.2023 and 05.12.2023 in No.KRIMS/ACC/730/23-24; - 6 - HC-KAR NC: 2026:KHC:23209 WP No. 8431 of 2024 C/W WP No. 8429 of 2024 f) Such other writs or orders, as this Hon’ble Court deems fit in the circumstances of the case. In W.P.No.8429/2024, petitioner seeks the following reliefs: a) To hold and declare that the decategorisation of the vacancies reserved for GM Ex-MP (Ex Servicemen) at Sl.Nos.18 and 22 of the Provisional Selection List dated 27.02.2024 in No KRIMS/ACC/730/2023-24 (Ann A), issued by the 3rd respondent is bad in law, and b) A writ of certiorari, quashing the Provisional Selection List dated 27.02.2024 in No KRIMS/ACC/730/2023-24 (Ann A), issued by the 3rd Respondent, insofar as it pertains to the selection of the Respondents 6, 7, 8 & 9 respectively, Sl.Nos.5, 7, 18 and 22 in the Provisional Selection List, c) A writ of certiorari, quashing the Communication / Endorsement dated 02-03-2024, in No.KRIMS/1677/2023-24 (Ann J) Issued by the 3rd Respondent to the Petitioner, and d) A writ of mandamus, directing the Respondents 3 and 4 to redo the Provisional Selection List dated 27.02.2024 in No KRIMS/ACC/730/2023-24 (Ann A), insofar as it pertains to the selection of the Petitioner by including the name of the Petitioner in the vacancy reserved for GM-EXMP. e) Call for records pertaining to the Selection Committee proceedings pertaining to Walk-In-Interview Notification dated 04.12.2023 and 05.12.2023 in No.KRIMS/ACC/730/23-24, f) Such other writs or orders, as this Hon'ble Court deems fit in the circumstances of the case. - 7 - HC-KAR NC: 2026:KHC:23209 WP No. 8431 of 2024 C/W WP No. 8429 of 2024 2. Heard learned counsel for the petitioner in both the petitions and learned AGA for respondent Nos.1, 2, 4 and 5 and learned Senior Counsel for respondent No.3 and learned Senior Counsel for respondent Nos.5 to 8 in W.P.No.8431/2024 and respondent Nos.5 to 9 in W.P.No.8429/2024 and perused the material on record. 3. Learned Senior counsel for respondent No.3 has filed a memo enclosing the following documents: (i) Copy of the Email sent from Dr. Gajanan H. Nayak to the respondent. (ii) Copy of the letter dated 28.02.2024 sent from Dr. Krishna Rathod to Dr. Gajanan H. Nayak. (iii) Copy of the letter dated 21.04.2026 addressed by Director of KRIMS (Karwar Institute of Medical Sciences) along with list of vacancy posts at Karwar Institute of Medical Sciences, Karwar. 4. The memo along with the aforesaid documents are placed on record. The aforesaid documents reads as under: (i) Copy of the Email sent from Dr. Gajanan H. Nayak to the respondent reads as under: - 8 - HC-KAR NC: 2026:KHC:23209 WP No. 8431 of 2024 C/W WP No. 8429 of 2024 “FWD: Submission of not willing to join as Assistant Professor, Anesthesialogy to KRIMS Karwar. Venkatesh invicta<venkateshivvicta@gmail.com.> To: gangaxerox919@gmail.com ……….Forwarded message……… From: akash akashvt <vaadinakash@gmail.com> Date: Mon, 2 Dec 2024 at 9.35 AM Subject: Fwd: submission of not willing to join as Assistant Professor, Anesthesiology to KRISMS Karwar To: venkatesh invicta<venkateshinvicta@gmail.com> ……….Forward message……….. From: Dr. Gajanan H Nayak<directorkarwar2@gmail.com> Date: Sun, 1 Dec, 2024, 14:08 Subject: Submission of not willing to join as Assistant Professor, Anaeshesialogy to KRIMS Karwar To: akash akashvt<vaadinaksh@gmail.com>” (ii) Copy of the letter dated 28.02.2024 sent from Dr. Krishna Rathod to Dr. Gajanan H. Nayak reads as under: “From, Date 28/02/2024 Dr.Krishna Rathod Assistant Professor, Department of Anesthesiology Gulbarga Institute of Medical Sciences Kalaburagi – 585 101. To, Dr.Gajanan H Nayak Dean & Director Karwar Institute of Medical Sciences, Karwar - 9 - HC-KAR NC: 2026:KHC:23209 WP No. 8431 of 2024 C/W WP No. 8429 of 2024 Respected Sir, Subject: Submission of not willing to join as Assistant Professor, Anesthesiology to Karwar Institute of Medical Sciences. Ref No. 1) Notification No.KRIMS/ACC/720/2023-24 date 04/12/2023 2) Provisional selection list dated 27/02/2024 3) No.GIMS/KLB/EST-1/Walk in interview / CR- 128 / 2023-24 / 252 With reference to above subject, I Dr. Krishna Rathod had appeared for walk in interview for the post of Assistant Professor conducted on 19/12/2023 at Karwar Institute of Medical Sciences, Karwar. I have been selected for the post of Assistant Professor, Anesthesia at Karwar Institute of Medical Sciences, as per the provisional selection list dated 27.02.2024. However, I have been appointed as Assistant Professor, Anaethesia at Gulbarga Institute of Medical Sciences, Kalaburagi on regular basis (notification No: GIMS/KLB/EST-1/Walk in interview / CR-128 / 2023-24 /252) on 11/01/2024. I would like to continue my service at Gulbarga Institute of Medical Sciences, Kalaburagi. Therefore, I would like to submit my unwillingness to join Karwar Institute of Medical Sciences (KRIMS) as Assistant Professor, Anesthesia and forgo my selection at KRIMS, Karwar. I request that the post allotted to me may be allotted to other eligible candidate in the final selection list. Thanking You, Yours faithfully (Dr. Krishna.R) - 10 - HC-KAR NC: 2026:KHC:23209 WP No. 8431 of 2024 C/W WP No. 8429 of 2024 (iii) Copy of the letter dated 21.04.2026 addressed by Director of KRIMS (Karwar Institute of Medical Sciences) along with list of vacancy posts at Karwar Institute of Medical Sciences, Karwar, reads as under: “ ¸ÀA: QæªÀiïì/¹§âA¢/42/2026-27 ¢£ÁAPÀ: 21.04.2026 jUÉ, INVICTA Law Associates # 30, Sapthagiri Apartment, GF-1, 15TH Main, RMV Extension Sadashivanagar, Bengaluru – 560 080. Email.:invictalawassocites@gmail.com ªÀiÁ£ÀågÉÃ, «µÀAiÀÄ: : Direction to Hon’ble High Court of Karnataka in WP No.8429/2024 & 8431/2024 dated 16.04.2026. G¯ÉèÃR: vÀªÀÄä E-ªÉÄÃ¯ï ¢£ÁAPÀ: 21.04.2026. ªÉÄïÁÌt¹zÀ «µÀAiÀÄ ºÁUÀÆ G¯ÉèÃRPÉÌ ¸ÀA§A¢ü¹zÀAvÉ, PÁgÀªÁgÀ ªÉÊzÀåQÃAiÀÄ «eÁÕ£À ¸ÀA¸ÉÜAiÀÄ «¨sÁUÀªÁgÀÄ SÁAiÀÄA ªÀÄAdÆgÁzÀ ºÀÄzÉÝ, PÁAiÀÄð¤gÀvÀ, SÁ° ºÀÄzÉÝUÀ¼À ªÀiÁ»wAiÀÄ£ÀÄß F ¥ÀvÀæÛPÉÌ ®UÀwÛ¹ ¸À°è¸À¯ÁVzÉ. ªÀAzÀ£ÉUÀ¼ÉÆA¢UÉ, ¤zÉÃð±ÀPÀgÀÄ PÁgÀªÁgÀ ªÉÊzÀåQÃAiÀÄ «eÁÕ£ÀUÀ¼À ¸ÀA¸ÉÜ PÁgÀªÁgÀ - 11 - HC-KAR NC: 2026:KHC:23209 WP No. 8431 of 2024 C/W WP No. 8429 of 2024 KARWAR INSTITUTE OF MEDICAL SCIENCES, KARWAR SÁAiÀÄA ºÀÄzÉÝUÀ¼ÀÄ: ªÀÄAdÆgÁzÀ ºÀÄzÉÝUÀ¼ÀÄ, SÁAiÀÄA PÁAiÀÄð¤gÀvÀ ºÀÄzÉÝUÀ¼ÀÄ, SÁ° EgÀĪÀ ºÀÄzÉÝUÀ¼ÀÄ ¢£ÁAPÀ: 18.04.2026 gÀAzÀÄ EzÀÝAvÉ. ¸ÀºÁAiÀÄPÀ ¥ÀæzsÁå¥ÀPÀgÀÄ Sl No. Department ªÀÄAdÆgÁzÀ ºÀÄzÉÝUÀ¼À ¸ÀASÉå PÀvÀðªÀå ¤ªÀð»¸ÀÄwÛgÀĪÀ ºÀÄzÉÝUÀ¼À ¸ÀASÉå SÁ° ºÀÄzÉÝUÀ¼À ¸ÀASÉå 1 2 3 4 5 1. Anatomy 3 2 1 2. Physiology 3 3 0 3. Biochemistry 2 2 0 4. Pharmacology 3 3 0 5. Pathology 4 2 2 6. Microbiology 3 2 1 7. Forensic Medicine 1 1 0 8. Community Medicine 4 3 1 9. General Medicine 5 1 4 10. Pediatrics 3 1 2 11. Tuberculosis & Respiratory Diseases 1 0 1 12. Dermatology Venereology & Leprosy 1 0 1 13. Psychiatry 1 0 1 14. General Surgery 5 3 2 15. Orthopaedics 3 2 1 16. ENT(Oto-Rhino- Laryngology) 2 1 1 17. Opthalmology 2 2 0 18. Obestrics & Gynecology 4 0 4 19. Anesthesiology 6 0 6 20. Radio-Diagnosis 1 0 1 21. Dentistry 1 1 0 22. Emergency Medicine 1 1 0 23. Surgical Oncology 1 0 1 24. Medical Oncology 1 0 1 25. Radiation Oncology 1 0 1 Total 62 30 32 - 12 - HC-KAR NC: 2026:KHC:23209 WP No. 8431 of 2024 C/W WP No. 8429 of 2024 5. As can be seen from the aforesaid documents, Dr.Rohini Doshetty, petitioner in W.P.No.8431/2024 seeks to work as Assistant Professor in the Department of Pathology in the respondent No.3 – Institute at Karwar. In this context, it is pertinent to note that as per the list of vacant posts in the respondent No.3 – Institute, there are 2 vacancies available in the Department of Pathology and the petitioner – Dr. Rohini Doshetty, would be entitled to be appointed as Associate Professor towards one vacant post in the Department of Pathology enumerated at Sl.No.5 of the said list. Dr.Pradeep, who is the petitioner in the W.P.No.8429/2024 being the Anesthesiologist would be entitled to be accommodated to the post of Assistant Professor in the Department of Anesthesiology, which is enumerated at Sl.No.19 of the aforesaid list. Under these circumstances, I deem it just and appropriate to dispose of both the petitions by issuing certain directions. 6. In the result, I pass the following: ORDER (i) Both the petitions are hereby disposed of. - 13 - HC-KAR NC: 2026:KHC:23209 WP No. 8431 of 2024 C/W WP No. 8429 of 2024 (ii) Respondent Nos.1 to 5 are hereby directed to appoint Dr. Rohini Doshetty, as Assistant Professor in the Department of Pathology and Dr. Pradeep as Assistant Professor in the Department of Anesthesiology in the respondent No.3 – Institute within a period of two weeks from the date of receipt of a copy of this order, in accordance with law. (iii) It is further directed that the selection and appointment of respondent Nos.6 to 8 in W.P.No.8429/2024 and respondent Nos.6 to 9 in W.P.No.8431/2024 to their respective posts are hereby confirmed and the respondent Nos.1 to 5 are hereby directed to take necessary steps to select and appoint the said private respondent Nos.6 to 8 in W.P.No.8429/2024 and respondent Nos.6 to 9 in W.P.No.8431/2024 to their respective posts. (iv) Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 8