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2026 DAILYLAW 11639 (KAR)

DR MADHUKAR B S v. UNION OF INDIA

WP/23009/2021 · 2026-02-17

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9588 WP No. 23009 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 23009 OF 2021 (S-REG) BETWEEN: 1. DR MADHUKAR B S S/O SHIVANNA B S AGED ABOUT 40 YEARS AYUSH MEDICAL OFFICER GENERAL HOSPITAL TURUVEKERE TUMKUR DISTRICT - 572 215. 2. DR ABHISHEK N S/O S NAGAPPA AGED ABOUT 42 YEARS AYUSH MEDICAL OFFICER PRIMARY HEALTH CENTER HORAKERE DEVARAPURA HOLALKERE TALUK CHITRADURGA DISTRICT - 577 557. 3. DR RAJU LAMANI S/O SHANKAR LAMANI AGED ABOUT 41 YEARS AYUSH MEDICAL OFFICER PRIMARY HEALTH CENTER NANDAGUDI, HOSAKOTE TALUK BENGALURU RURAL - 562 122. 4. DR ABDUR RAHAMAN H S/O HAFIZUR RAHAMAN AGED ABOUT 39 YEARS AYUSH MEDICAL OFFICER(UNANI) PRIMARY HEALTH CENTER KODIGENAHALLI, MADHUGIRI TALUK TUMKUR DISTRICT - 572 127 5. DR VIJAYAKUMAR K S/O VASUDEV BADIGER Digitally signed by MALATHI CHALUVA IYENGAR Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9588 WP No. 23009 of 2021 AGED ABOUT 42 YEARS AYUSH MEDICAL OFFICER TALUK HOSPITAL, SIDLAGATTA CHIKKABALLAPURA DISTRICT - 572 105 6. DR SADASHIVANANDAGOUDA PATIL S/O DEVANAGOUDA PATIL AGED ABOUT 39 YEARS AYUSH MEDICAL OFFICER CHC BIDADI, RAMANAGARA DISTRICT - 562 109 7. DR PRADHEEPKUMAR T M S/O LATE MAHESHWARAPPA AGED ABOUT 44 YEARS AYUSH MEDICAL OFFICER PRIMARY HEALTH CENTER LINGADHALLI TARIKERE TALUK CHIKKAMAGALURU DISTRICT - 577 129. 8. DR MANJUNATHA MANNAMMANAVAR S/O GUDDAPPA AGED ABOUT 45 YEARS AYUSH MEDICAL OFFICER PRIMARY HEALTH CENTER AREMALLAPURA, RANEBENNUR TALUK HAVERI DISTRICT - 581 115. 9. DR B A RAMESH S/O R ANAND AGED ABOUT 44 YEARS AYUSH MEDICAL OFFICER PRIMARY HEALTH CENTER LOKIKERE, DAVANAGERE TALUK DAVANAGERE DISTRICT - 577 002. …PETITIONERS (BY SRI. SAGAR B B., ADVOCATE) AND: 1. UNION OF INDIA REP. BY ITS SECRETARY GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT A-WING, IP EXTENSION, DELHI SECRETARIAT DELHI - 110 002. - 3 - HC-KAR NC: 2026:KHC:9588 WP No. 23009 of 2021 2. THE DIRECTOR NATIONAL RURAL HEALTH MISSION DIRECTORATE OF HEALTH AND FW SERVICES 1ST OF THE CONTROL ROOM ANAND RAO CIRCLE, BANGALORE - 560 009. 3. STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT (H & FW) HEALTH AND FAMILY WELFARE DEPARTMENT (1/C) ROOM NO.105, 1ST FLOOR VIKAS SOUDHA,BANGALORE - 560 001. 4. THE UNDER SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT KARNATAKA DIRECTORATE OF HEALTH AND FAMILY WELFARE SERVICES, ANANDA RAO CIRCLE BANGALORE - 560009 5. THE DIRECTOR OF AYUSH GOVERNMENT OF KARNATAKA DHANVANTHIR ROAD BENGALURU 560009 …RESPONDENTS (BY SMT. SWATI L KAMAT, CGC. FOR R1: SRI REUBEN JACOB, AAG. ALONG WITH SRI SPOORTHY HEGDE N, HCGP FOR R2 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI FOR QUASHING THE IMPUGNED ENDORSEMENT DATED 18.03.2019 BEARING NO: AKUKA 20 FPS 2018 PASSED BY THE R4 VIDE ANNEXURE-K IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 4 - HC-KAR NC: 2026:KHC:9588 WP No. 23009 of 2021 ORAL ORDER 1. In this writ petition, the petitioners have sought for the following reliefs: i. Issue a Writ of Certiorari for quashing the impugned endorsement dated 18.03.2019 bearing No AKUKA 20 FPS 2018 issued by 4th respondent vide Annexure-K in the interest of justice and equity. ii Issue a Writ of Mandamus directing the respondents to regularize the services of the petitioners as AYUSH Medical Officers under the Respondent authority in the interest of justice and equity. iii. Pass such other orders as this Honorable Court may deem fit in view of the facts and circumstances of the case including the award of costs in the interest of justice and equity. 2. The case of the petitioners is that the petitioners were appointed as AYUSH Doctors at different Public Health Centers during the year 2007 and 2008 on contract basis as against clear sanctioned posts. According to them, despite completion of more than ten years of service, their services have not been regularized. It is further contended that their Association, namely, the Karnataka State Contract Basis Staff Nurses Association (for short ‘the Association’), had filed W.P. Nos. 32913-32914/2017 and - 5 - HC-KAR NC: 2026:KHC:9588 WP No. 23009 of 2021 connected matters. This Court, by order dated 23.08.2018, directed the petitioners therein to submit a comprehensive representation seeking relief from the respondents and further directed the respondents to consider the same in accordance with law. Pursuant thereto, the 4th respondent passed the impugned endorsement dated 18.03.2019, produced at Annexure-K, rejecting the claim of the petitioners. Being aggrieved by the same, the present writ petition is filed. 3. Learned Additional Advocate General submits that earlier a representation was submitted by the Association and, upon consideration of the same, the impugned endorsement at Annexure-K came to be passed. It is further submitted that the petitioners have now submitted individual representations, produced at Annexure-L series. He submits that if reasonable time is granted, the said representations will be considered in accordance with law and appropriate orders will be passed, without being - 6 - HC-KAR NC: 2026:KHC:9588 WP No. 23009 of 2021 influenced by any observations made in the impugned order dated 18.03.2019 at Annexure-K. 4. In view of the above submission, and without expressing any opinion on the merits of the case, the writ petition is disposed of. 5. Respondent No.2 is directed to consider the representations submitted by the petitioners, produced at Annexure-L series, in accordance with law, within a period of three months from the date of receipt of a certified copy of this order, without being influenced by the impugned order dated 18.03.2019 passed by respondent No.4 at Annexure-K, and also keeping in view the judgments rendered by this Court as well as by the Hon’ble Apex Court in respect of similar issues. 6. It is made clear that till consideration of such representations of the petitioners, the respondents are directed not to relieve the petitioners from service. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM