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2026 DAILYLAW 31135 (KAR)

U C MALINI v. STATE OF KARNATAKA

WP/19575/2026 · 2026-07-24

K Manmadha Rao, S G Pandit

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010431072026 NC: 2026:KHC:38408-DB WP No. 19575 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 19575 OF 2026 (S-KSAT) BETWEEN: U C MALINI W/O M K GURUPRASAD, AGED ABOUT 52 YEARS, JUNIOR LAB TECHNICAL OFFICER, VICTORIA HOSPITAL, BMCRI, BANGALORE-560002 R/O NO.91/116, SHASHWATHI NILAYA, 6TH CROSS, JARAGANAHALLY, RAJEEVGANDHI ROAD, KANAKAPURA MAIN ROAD, BANGALORE-560078. …PETITIONER (BY SRI. SREEDHAR K., ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, MEDICAL EDUCATION DEPARTMENT, M S BUILDING, 4TH GATE, 6TH FLOOR, BANGALORE-560001. 2. THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE SERVICES DEPARTMENT, VIKASA SOUDHA, 1ST FLOOR, BANGALORE-560001. 3. THE COMMISSIONER OF HEALTH AND FAMILY Digitally signed by NANJUNDACHARI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010431072026 NC: 2026:KHC:38408-DB WP No. 19575 of 2026 WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BANGALORE-560023. 4. THE DIRECTOR OF HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BANGALORE-560023. 5. THE DEAN AND DIRECTOR, BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE, K R ROAD, FORT, BANGALORE-560002. …RESPONDENTS (BY SRI. V SHIVAREDDY, AGA FOR R1 TO R4) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) SET ASIDE THE ORDER DATED 11/06/2026 IN APPLICATION NO.2810/2026 VIDE ANNEXURE-A PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN REJECTING THE INTERIM PRAYER AND B) PASS SUCH ORDERS, INCLUDING THE AWARD OF COSTS OF THIS PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner, aggrieved by non-grant of interim prayer/stay under order dated 11.06.2026 in Application No.2810/2026 passed by the Karnataka State Administrative Tribunal, Principal Bench at Bengaluru (for short “Tribunal”) is before this Court in this writ petition. - 3 - HC-KAR CNR: KAHC010431072026 NC: 2026:KHC:38408-DB WP No. 19575 of 2026 2. Heard learned counsel Sri.K.Sreedhar for petitioner and Sri.V.Shivareddy, learned Additional Government Advocate for respondents. Perused the entire writ petition papers. 3. Learned counsel for the petitioner would submit that the petitioner is on deputation to 5th respondent-Bangalore Medical College and Research Institute. It is the grievance of the petitioner that the petitioner’s name has been included in the list at Annexure-A4 dated 30.05.2026 and based on the said list, the petitioner would be transferred or repatriated from respondent No.5/Institute. 4. To the Court query, learned counsel Sri.K.Sreedhar would submit that the petitioner’s transfer or repatriation order has not been issued till this date. Learned counsel would submit that the Tribunal under order dated 12.11.2025 in Applications No.2283-2295/2025 has directed the State Government to frame a Policy for - 4 - HC-KAR CNR: KAHC010431072026 NC: 2026:KHC:38408-DB WP No. 19575 of 2026 absorption of non-teaching/technical staff on deputation in respondent No.5-Institute. It is submitted that, the petitioner is entitled for similar relief and in that regard he placed reliance on the decision of the Hon'ble Apex Court. 5. The petitioner is yet to establish that she is similarly placed like that of applicants in Application No.2283- 2295/2025. At this interim stage, we do not find any error or illegality in the order passed by the Tribunal. There is no merit in the writ petition. Accordingly, the writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE MPK CT:bms List No.: 1 Sl No.: 17