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2026 DAILYLAW 12109 (KAR)

DR. SHIVALINGAPPA v. THE STATE OF KARNATAKA

WP/13239/2026 · 2026-04-24

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22589 WP No. 13239 of 2026 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. 13239 OF 2026 (S-REG) BETWEEN: 1. DR. SHIVALINGAPPA S/O BASAPPA AGED ABOUT 50 YEARS AYUSH MIDICAL OFFICER TALUK HOSPITAL KANAKAPURA BENGALURU SOUTH -562117 2. DR. MUDHALEHAVAGIRAI S/O LATE DIGAMBAR AGED ABOUT 46 YEARS AYUSH MIDICAL OFFICER GOVERNMENT GENERAL HOSPITAL MAGADI TALUK BENGALURU SOUTH -5620120 3. DR. VIDYASHAKARI G W/O DR.K.A.ANITH KUMARI AGED ABOUT 49 YEARS AYUSH MIDICAL OFFICER GOVERNMENT HOSPITAL SRINGERI CHICKMAGALURE-577139 4. DR. RANGASWAMY S S/O SATHYAPPA R AGED ABOUT 47 YEARS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22589 WP No. 13239 of 2026 AYUSH MIDICAL OFFICER GENERAL HOSPITAL, KADUR CHICKMAGALURE-577548 5. DR. MAHANTHESHA N.S S/O SURANAYAKA AGED ABOUT 53 YEARS AYUSH MIDICAL OFFICER GOVERNMENT HOSPITAL MOLAKALMUR MOLAKALMUR(T) CHITRADURGA –[D]-577535 6. DR. ASHOK.H.S. S/O SIDDAPPA H.J. AGED ABOUT 49 YEARS AYUSH MIDICAL OFFICER COMMUNITY HEALTH CENTRE NAYANKA HATTI CHALLAKERE [T] CHITRADURGA –[D]-577522 7. DR. RASHMI D/O M.T. PARAMESHWRAPPA AGED ABOUT 42 YEARS AYUSH MIDICAL OFFICER GOVT CHC SRIRAMPURA HOSADURGAT [T] CHITRADURGA –[D]-577527 8. DR.VANI M.S. W/O SHENKAR AGED ABOUT 43 YEARS AYUSH MIDICAL OFFICER DISTRICT HOSPITAL RAMANGARA BENGALURU SOUTH -562159 - 3 - HC-KAR NC: 2026:KHC:22589 WP No. 13239 of 2026 9. DR. ARCHANA W/O RAJENDRA AGED ABOUT 44 YEARS AYUSH MIDICAL OFFICER DISTRICT GENERAL HOSPITAL RAMANAGARA BENGALURU SOUTH -560004 10. DR. NAGARAJA K AGED ABOUT 42 YEARS S/O LATE KENCHAPPA M AYUSH MIDICAL OFFICER AT MARADIHALLY GOVT CHC MARADIHALLY HIRIYUR TALUK CHITRADURGA –[D]-577598 11. DR.CHANDRALEKHA W/O DR.MUDHALE HAVAGIRAI AGED ABOUT 46 YEARS AYUSH MIDICAL OFFICER BENGALURU SOUTH -562120 12. DR. NAGARAJA S/O M.J. RAMAJI NAIK AGED ABOUT 50 YEARS AYUSH MIDICAL OFFICER GOVERNMENT GENERAL HOSPITAL HIRIYUR CHITRADURGA –[D]-577598 13. DR. SURENDRACHAR S S/O SUBHASHACHAR S AGED ABOUT 43 YEARS AYUSH MEDICAL OFFICER PHC BASARALU, MANDYA TALUK MANDYA DISTRICT -571416 - 4 - HC-KAR NC: 2026:KHC:22589 WP No. 13239 of 2026 14. DR. RAVISHA M. N. S/O LATE M. K. NARAYANA AGED ABOUT 47 YEARS AYUSH MIDICAL OFFICER WORKING CHC KM DODDI MADDUR TALUK MANDYA DISTRICT-571422 15. DR. GEETHA G. KANGOKAR W/O MANJUNATH H.B AGED ABOUT 42 YEARS AYUSH MIDICAL OFFICER WORKING CHC SOLUR, MAGADI TALUK RAMANAGAR DISTRICT-562127 …PETITIONERS (BY SRI MARUTHI G B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT (H & FW) HEALTH AND FAMILY WELFARE DEPARTMENT (1/C) ROOM NO. 105, 1ST FLOOR VIKAS SOUDA BENGALURU-560001 2. THE DIRECTOR, NATIONAL RURAL HEALTH MISSION DIRECTORATE OF HEALTH AND FW SERVICES 1ST OF THE CONTROL ROOM ANAND RAO CIRCLE BENGALURU-560009 - 5 - HC-KAR NC: 2026:KHC:22589 WP No. 13239 of 2026 3. THE UNDER SECRETORY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT OF KARNATAKA DIRECTORATE OF HEALTH AND FAMILY WELFARE SERVICES ANANDA RAO CIRCLE BENGALURU-560009 4. THE DIRECTORATE OF AYUSH GOVERNMENT OF KARNATAKA DHANVANTHIR ROAD BENGALURU-560009 …RESPONDENTS (BY SRI G RAMESH NAIK, AGA) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R2 TO CONSIDER THE REPRESENTATION [ANNEXURE-L DATED 21.04.2026] OF THE PETITIONERS IN TERMS OF THE ORDER DATED 17.02.2026 PASSED BY THIS HONBLE COURT IN WP NO.23009/2021 PRODUCED AT ANNX-M WITHIN A TIME FRAME TO BE FIXED BY THIS HONBLE COURT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 6 - HC-KAR NC: 2026:KHC:22589 WP No. 13239 of 2026 ORAL ORDER In this petition, petitioners seek for the following reliefs:- “(a) Issue a writ in the nature of Mandamus directing Respondent No.2 to consider the representation, Annexure-L dated 21.04.2026 of the petitioners in terms of the order dated 17.02.2026 passed by this Hon’ble Court in W.P. No.23009/2021, produced at annexure-M within a time frame to be fixed by this Hon’ble Court; (b) Issue a writ in the nature of Mandamus directing Respondent Nos.1 to 4 to consider and regularize the services of the Petitioners as AYUSH Medical Officers who have been continuously serving the years 2007-2008 onwards, in accordance with law; (c) Pass such other orders as this Hon’ble 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. A perusal of records will indicate that in identical circumstances, this Court in W.P.No.23009/2021 passed the following 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. - 7 - HC-KAR NC: 2026:KHC:22589 WP No. 13239 of 2026 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 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 - 8 - HC-KAR NC: 2026:KHC:22589 WP No. 13239 of 2026 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 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.” 3. In view of the aforesaid order passed by this Court under identical circumstances, I deem it just and appropriate to - 9 - HC-KAR NC: 2026:KHC:22589 WP No. 13239 of 2026 dispose of this petition directing respondent No.2 to address the grievance of the petitioner and consider and take appropriate decision/pass appropriate order pursuant to the representation of the petitioners at Annexure-L dated 21.04.2026 in accordance with law within a period of three months from the date of receipt of a copy of this order. Further, as directed by this Court in W.P.No.23009/2021 dated 17.02.2026 referred to supra, till consideration of such representations of the petitioners, the respondents shall not relieve the petitioners from service. 4. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SN