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High Court of Karnataka · body

2026 DAILYLAW 31702 (KAR)

SRI VENKATESHA G v. STATE OF KARNATAKA

WP/18712/2022 · 2026-07-17

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 18712 OF 2022 (S-RES) BETWEEN: 1. SRI VENKATESHA G S/O GANGADHAR AGED ABOUT 34 YEARS, 2. SRI.VENKATESH M S/O MARIYAPPA AGED ABOUT 34 YEARS, 3. SMT.DEEPTHI MERY W/O NAVEEN AGED ABOUT 40 YEARS, 4. SRI.HEMANTHACHARI N.A. S/O ANNAIACHAR AGED ABOUT 34 YEARS, 5. SRI.PRASANNA K.J. S/O JANARDHANA P AGED ABOUT 32 YEARS, 6. SRI.MANJUNATH Y.B. S/O YALLANE GOUDAR AGED ABOUT 47 YEARS, 7. SRI.SIDDARAY NIVARAGI S/O SANGAPPA AGED ABOUT 36 YEARS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 8. SRI.JAGADISH KUMBAR S/O MALLANNA KUMBAR AGED ABOUT 34 YEARS, 9. SRI.CHANDRASHEKAR S.M. S/O MALLIKARJUNAPPA AGED ABOUT 34 YEARS, 10. SRI.ANAND JADHAV S/O DUNDAPPA AGED ABOUT 38 YEARS, 11. SRI.MANJUNATH S S/O SIDDAIAH M AGED ABOUT 35 YEARS, 12. SRI.VASANTH KUMAR M.G. S/O GOPALAKRISHNAN AGED ABOUT 34 YEARS, 13. SRI.SHRIDHAR K.N. S/O NAGARAJEGOWDA AGED ABOUT 35 YEARS, 14. SRI.SHIVALINGESH S.H. S/O SURESHBABU AGED ABOUT 33 YEARS, 15. SMT.MARIA MARGARET W/O PETER AGED ABOUT 34 YEARS, 16. SRI.SIDDESH BENKI S/O B.K.NAGARAJAPPA AGED ABOUT 36 YEARS, 17. SMT.VEENA M.S. W/O SOMASHEKAR K AGED ABOUT 35 YEARS, - 3 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 18. SMT.MAMATHA M.N. W/O RAMESH AGED ABOUT 33 YEARS, 19. SRI. REVANSIDDAPPA HUNALLI S/O YASHVANT AGED ABOUT 39 YEARS, 20. SRI.SURESH H S/O HANUMAPPA AGED ABOUT 39 YEARS, 21. SMT.NALINI L W/O CHANDRASHEKAR B AGED ABOUT 34 YEARS, 22. SMT.PRAMILA W/O VENKATESH G.V. AGED ABOUT 33 YEARS, 23. SRI.SUWARTHIC S/O KUMAR T.J. AGED ABOUT 34 YEARS, 24. SRI.REKHA S.S. W/O RAVISHANKAR AGED ABOUT 35 YEARS, 25. SRI.SIDDALINGAPPA K S/O BHIMAPPA KALYANI AGED ABOUT 33 YEARS, 26. SMT.SHWETA M D/O MAHADEVA AGED ABOUT 28 YEARS, 27. SRI.RAMESH H.S. S/O SIDDAPPA.A AGED ABOUT 35 YEARS, - 4 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 28. SR.RAJESH PREM KUMAR S/O M.KARAPPA P AGED ABOUT 40 YEARS, 29. SRI.UMESH M.R. S/O RAJAPPA AGED ABOUT 32 YEARS, 30. SRI.PRASHANTH D S/O DASHARATH RAO AGED ABOUT 35 YEARS, 31. SRI.SACHIN B.T. S/O THIPPEGOWDA AGED ABOUT 36 YEARS, 32. SRI.PRAKASH R S/O RAMAPPA AGED ABOUT 35 YEARS, 33. SMT.SOWMYALATHA W/O GIRIYAPPA POOJARY AGED ABOUT 38 YEARS, 34. SRI.ARUN K.N. S/O NANJUNDAIAH AGED ABOUT 34 YEARS, 35. SRI.MANJULA S.R. W/O RAMESH AGED ABOUT 38 YEARS, 36. SMT.JYOTHI B W/O MAHESH AGED ABOUT 32 YEARS, 37. SMT.VEENA NANDHIHALLI W/O SRINIVASA N.G. AGED ABOUT 33 YEARS, - 5 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 38. SMT.LATHA NAIK W/O CHANDRASHEKAR AGED ABOUT 36 YEARS, 39. SRI.CHANDRASHEKAR K.B. S/O BASAVAIAH J, AGED ABOUT 35 YEARS, 40. SMT.HEMATHERESA MARY W/O SUNIL V.J. AGED ABOUT 42 YEARS, 41. SMT.REENA JOYTHI PINTO W/O EDVIN SANTHOSH PINTO AGED ABOUT 36 YEARS, 42. SMT.BEENA B.S. W/O PRASHANTH K.T. AGED ABOUT 37 YEARS, 43. SRI.MUNI RAJU S/O VENKATESHAPPA AGED ABOUT 38 YEARS, 44. SRI.SRINIVAS N.G. S/O GOVINDARAJ AGED ABOUT 35 YEARS, 45. SRI.NARAYANASWAMY G S/O GANGADARAPPA AGED ABOUT 37 YEARS, 46. SRI.SEVALAL K.B. S/O BHEEMANAIK AGED ABOUT 36 YEARS, 47. SRI.MYLARI K S/O AMRUTH AGED ABOUT 35 YEARS, - 6 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 48. SRI.RAJANIKANTH S/O BASAVARAJAPPA AGED ABOUT 34 YEARS, 49. SRI.SATHISH A.S. S/O SHIVANANJAPPA AGED ABOUT 36 YEARS, 50. SRI.RAVIKIRAN S/O MALLIKARJUNAIAH AGED ABOUT 35 YEARS, 51. SRI.ESHA B.N. S/O NAGAPPA AGED ABOUT 37 YEARS, 52. SRI.PARAMESHWARAPPA S/O NAGESHAPPA AGED ABOUT 33 YEARS, 53. SRI.PRASHANT.G S/O AMALAYYA AGED ABOUT 33 YEARS, 54. SRI.LOKESH P.S. S/O SHIVANEGOWDA AGED ABOUT 37 YEARS, 55. SRI.MAHENDRA M S/O MAHANTHADEVARU AGED ABOUT 41 YEARS, 56. SRI.BASAVARAJ S/O LATE DASHAVANT AGED ABOUT 37 YEARS, 57. SRI.SANTHOSH KUMAR B S/O BADREGOWDA AGED ABOUT 36 YEARS, - 7 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 58. SMT.SUMALATHA D.R. W/O NAGENDRA AGED ABOUT 35 YEARS, 59. SMT.YATHI KUMARI W/O SATHYAPRASAD AGED ABOUT 33 YEARS, 60. SMT.MANJULA P.N. W/O SRINIVAS AGED ABOUT 36 YEARS, 61. SRI.VINAY K.P. S/O LATE K.C.PUTTASWAMY AGED ABOUT 35 YEARS, 62. SRI.CHIDAMBERA V.N. S/O NAGARAJ AGED ABOUT 34 YEARS, 63. SRI.SHAHID S S/O SHOUTH ALI AGED ABOUT 35 YEARS, 64. SMT.RAJESHWARI P D/O M.SIDDAPPA P AGED ABOUT 36 YEARS, 65. SMT.MALLIGAMMA D/O LATE MANJUNATH AGED ABOUT 35 YEARS, 66. SMT.SUDHA C.S. D/O SANNE GOWDA AGED ABOUT 35 YEARS, 67. SRI.ANANTH S/O JAVARE GOWDA AGED ABOUT 37 YEARS, - 8 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 68. SRI.SNEHA K MOHAN D/O MOHAN AGED ABOUT 33 YEARS, 69. MS TINA THOMAS D/O THOMAS P P AGED ABOUT 35 YEARS 70. SMT.AMISHA S D SOUZA W/O JOSEPH V V AGED ABOUT 34 YEARS, 71. SMT.KALAVATHI W/O M.R.CHANADRASHEKAR AGED ABOUT 40 YEARS, 72. SRI.PRASANNA M.H. S/O HUCHEGOWDA AGED ABOUT 34 YEARS, 73. SRI.GIRISH S/O RAMAKRISHNAPPA AGED ABOUT 36 YEARS, 74. SRI.HANUMAPPA M S/O BHEEMAPPA AGED ABOUT 36 YEARS, 75. SMT.REENA SHAREEN P S/O PRASANNA AGED ABOUT 34 YEARS, 76. SRI.NAGARAJU R S/O RAJESH AGED ABOUT 34 YEARS, 77. SRI.THOMAS PAUL S/O PAUL AGED ABOUT 35 YEARS, - 9 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 78. SRI.NAGARAJ S/O MALLIKARJUN AGED ABOUT 33 YEARS, 79. SRI.CHETHAN S/O PURUSHOTTAM, AGED ABOUT 35 YEARS, 80. SMT.GEETHA M D/O A.M.MALLIKARJUNAIAH AGED ABOUT 47 YEARS, 81. SRI PRABHUDEV S K S/O LATE KALLESHAPPA S AGED ABOUT 44 YEARS, 82. SMT SAVITHA W/O ASHWATH N AGED ABOUT 41 YEARS, 83. SMT GEETHA W/O ANANTH J AGED ABOUT 35 YEARS, 84. SRI RAGHU K L S/O LAKSHMAN AGED ABOUT 38 YEARS, 85. SMT ASHWINI K N SANTHOSH B B AGED ABOUT 36 YEARS 86. SRI SATHYANARAYANA SWAMY S/O LINGA RAJU K P AGED ABOUT 33 YEARS, 87. SMT MANJULA W/O MURALI N AGED ABOUT 34 YEARS, - 10 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 88. SRI CHELUVARAJU B S/O BETTAIAH AGED ABOUT 37 YEARS, 89. SRI KAREPPA PUJARI S/O MALLESHAPPA AGED ABOUT 37 YEARS, 90. SRI ARUNKUMAR M N S/O NANJUNDAIAH AGED ABOUT 36 YEARS, 91. SMT KAVITHA H N W/O GIRISH H N AGED ABOUT 37 YEARS, 92. SRI RUDRAPPANAVAR K KAVITHA W/O YALLAPPA G K AGED ABOUT 38 YEARS, 93. SMT ANUPAMA S W/O CHANDRASHEKAR S L AGED ABOUT 43 YEARS, 94. SMT SUNITHA D W/O SHIVAKUMAR K AGED ABOUT 45 YEARS, 95. SMT SAVINA T W/O PRAVEEN AGED ABOUT 37 YEARS, 96. SMT VIDYA N R W/O NAGENDRA M L AGED ABOUT 33 YEARS, 97. SMT B JAYANTHI W/O VISHWANATH U AGED ABOUT 31 YEARS, - 11 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 98. SRI SHARATHBABU M S S/O SATHYANANGA AGED ABOUT 37 YEARS, 99. SRI JABIULLA A S/O ANWAR PASHA AGED ABOUT 36 YEARS, 100. SRI MADHUKESHWAR S/O ISHWARAKASALI AGED ABOUT 38 YEARS, 101. SMT KALAVATHI E W/O RAVIKUMAR AGED ABOUT 38 YEARS, ALL PETITIONERS ARE WORKING AS NURSING OFFICER IN VICTORIA HOSPITAL VANI VILAS HOSPITAL, MINTO HOSPITAL COMING UNDER 2ND RESPONDENT BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE, K.R.MARKET, FORT, BENGALURU-560 002. …PETITIONERS (BY SRI. SHAILENDRA M R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, MEDICAL EDUCATION DEPARTMENT, VIKAS SOUDHA, BENGLAURU-560 001. 2. BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE - 12 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 (AN AUTONOMOUS INSTITUTION UNDER THE STATE OF KARNATAKA) FORT, K.R.ROAD, BENGLAURU-560 002. 3. THE SPECIAL OFFICER SUPER SPECIALTY HOSPITAL (PMSSY) VICTORIA HOSPITAL CAMPUS BENGLAURU-560 002. 4. MS ANJU THOMAS NURSING OFFICER, 5. MR.JOHN MARSHAL.L NURSING OFFICER 6. MS CLARISTA A CRASTA NURSING OFFICER, 7. MR.SHARAN KUMAR D.P. NURSING OFFICER, 8. MS VIJAYASHREE U.V. NURSING OFFICER, 9. MS SUNITHA CHANDRASHEKAR NURSING OFFICER, 10. MS REKSHAMANI K.S. NURSING OFFICER, 11. MS SHEELA J.B. NURSING OFFICER, 12. MS SHOBA M.K. NURSING OFFICER, 13. MS VANSIHREE V MAJUMDAR NURSING OFFICER, RESPONDENTS Nos.4 TO 13 ARE - 13 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 WORKING IN PMSSY SUPER SPECIALTY HOSPITAL VICTORIA HOSPITAL CAMPUS, BENGLAURU-560 002. 14. SRI. ABHINAND S/O VINOD KUMAR G AGED ABOUT 36 YEARS STAFF NURSE 15. SRI RAVI N S/O NANJUNDAPPA AGED ABOUT 34 YEARS STAFF NURSE 16. SRI MAHESH S/O ANNU NAYAK AGED ABOUT 35 YEARS STAFF NURSE 17. SMT. SARITHA B R W/O DAYANAND AGED ABOUT 36 YEARS STAFF NURSE 18. SMT. SUMA C V W/O MAHESH AGED ABOUT 34 YEARS STAFF NURSE 19. SRI. RAMESH H S/O HUCCHURAYAPPA AGED ABOUT 34 YEARS STAFF NURSE 20. SRI. NAEEN B G S/O GOPAL AGED ABOUT 39 YEARS STAFF NURSE 21. SRI. SHASHI B S/O BASAPPA - 14 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 AGED ABOUT 40 YEARS STAFF NURSE 22. SMT. MANJULA T M W/O MALLIKARJUNA M S AGED ABOUT 34 YEARS STAFF NURSE 23. SMT SHRUTHI J W/O MANJUNATH AGED ABOUT 33 YEARS STAFF NURSE 24. SMT. SHYLU PRIYADARSHINI S B D/O SATHYABABY K AGED ABOUT 36 YEARS STAFF NURSE 25. KUM LALITHA L D/O LINGARAJU AGED ABOUT 36 YEARS STAFF NURSE 26. SMT. PRATHIBHA PRIYADARSHINI W/O PAVAN CHRISTA KUMAR AGED ABOUT 35 YEARS STAFF NURSE 27. SRI. PRASHANTH S N S/O C M NANJUNDAIAH AGED ABOUT 34 YEARS STAFF NURSE 28. RAJANI W/O AJITH G S AGED ABOUT 37 YEARS STAFF NURSE 29. SMT. RUBY MARIA TAURO W/O VIJAYA KUMAR D’SILVA - 15 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 AGED ABOUT 42 YEARS STAFF NURSE 30. SMT KEERTHI W/O CHOUDA REDDY AGED ABOUT 37 YEARS STAFF NURSE 31. SMT. RUDRAMMA M.G D/O CHINDAPPA M AGED ABOUT 38 YEARS STAFF NURSE 32. SMT GANGAMMA W/O RAMESH AGED ABOUT 39 YEARS STAFF NURSE 33. SMT. PAVITHRA K W/O CHETHAN R AGED ABOUT 34 YEARS STAFF NURSE 34. SMT. VEENA P N W/O KUMAR K. S AGED ABOUT 43 YEARS STAFF NURSE ALL ARE WORKING IN BMCRI SUPER SPECIALITY (PMSSY) VICTORIA HOSPITAL CAMPUS BANGALORE – 560 002. …RESPONDENTS (BY SRI. G RAMESH NAIK, AGA FOR R1 SRI. MOHAMMED AYUB ALI, ADVOCATE FOR R2 & R3 SRI. M BABU RAO, ADVOCATE FOR R7, R9 TO R34 R4, R5, R6, R8 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - 16 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 QUASH BY ISSUE OF WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, AS THE CASE MAY BE , THE SENIORITY LIST PUBLISHED VIDE OFFICIAL MEMORANDUM BEARING NO BEM Y V SAM SAM/C (3) /22/2020-21 , BENGALURU , DATED 10/08/2022 AT ANNX-A ISSUED BY THE SECOND RESPONDENT INSTITUTE, IN SO FAR AS IT RELATES TO INCLUSION OF NURSING OFFICERS WORKING IN PMSSY SUPER SPECIALITY HOSPITAL IN THE SENIORITY LIST OF NURSING OFFICERS OF BMCRI , WITH A FURTHER DIRECTION DIRECTING THE RESPONDENTS TO PREPARE AND PUBLISH A SEPARATE FRESH SENIORITY LIST OF NURSING OFFICERS WORKING IN PMSSY SUPER SPECIALITY HOSPITAL AND A SEPARATE FRESH SENIORITY LIST OF NURSING OFFICERS WORKING IN VARIOUS HOSPITALS COMING UNDER BMCRI WITH ALL CONSEQUENTIAL BENEFITS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this petition seeking the following reliefs: “(a) Quash by the issue of writ in the nature of certiorari or any other appropriate writ or order or direction, as the case may be, the Seniority List published vide Official Memorandum bearing No. Bem Y V Sam Sam /C (3)/22/2020-21, Bengaluru, dated 10/8/2022 at Annexure A issued by the second Respondent Institute, in so far as it relates to inclusion of Nursing Officers working in PMSSY - 17 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 Super Specialty Hospital in the Seniority List of Nursing Officers of BMCRI, with a further direction directing the Respondents to prepare and publish a separate fresh Seniority List of Nursing Officers working in PMSSY Super Specialty Hospital and a separate fresh Seniority List of Nursing Officers working in various Hospitals coming under BMCRI with all consequential benefits; (b) Grant such other suitable reliefs as this Hon'ble Court deems fit, in the facts and circumstances of the Case.” 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The petitioners, aggrieved by the common seniority list, filed this writ petition on the ground that, Pradhan Mantri Swasthya Suraksha Yojana (‘PMSSY’ for short) Super Speciality Hospital is separate from Bangalore Medical College and Research Institute (‘BMCRI’ for short). It is contended that, the petitioners are all working as Nursing Officers in various Hospitals coming under respondent No.2-BMCRI i.e., Victoria - 18 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 Hospital, Vanivilas Hospital, Bowring and Lady Curzon Hospital and Minto Hospital (which is now a separate autonomous institution called as ‘Shri Atal Bihari Vajpayee Medical College and Research Institute’). Presently, the Nursing Officers who are placed at Sl.Nos.1 to 120 were appointed as Nursing Officers in PMSSY Super Speciality Hospital in 2012. Earlier, a separate seniority list was prepared in the cadre of Nursing Officers of PMSSY and Nursing Officers working in various hospitals coming under BMCRI. In the provisional list published on 25.01.2022, they have been included in the seniority list of BMCRI. It is also contended that, in the provisional list, this Court has directed the inclusion of Nursing Officers in a common seniority list. The petitioners, aggrieved by the impugned common seniority list vide Annexure-A, has filed this writ petition. 3. Respondent No.2 filed a statement of objections contending that, the writ petition filed by the petitioners is not maintainable. It is contended that, the Nursing - 19 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 Officers working in PMSSY Super Speciality Hospital are specially trained having a rich experience in the Super Speciality and considering the objections, respondent No.2 prepared combined seniority list of Nursing Officers from PMSSY Super Speciality Hospital and also other hospitals coming under BMCRI, and published the seniority list vide official memorandum dated 10.08.2022. It is contended that, the State Government, by issuing a Government order dated 31.12.2019, included several hospitals like Jayadeva Institute of Cardiac Science and Research, Kidwai Cancer Institute, Indira Gandhi Child Health Institute and PMSSY Super Speciality Hospital are A-Group hospitals and the employees working in A-Group hospitals cannot be transferred to B-Group hospitals. Therefore, a common seniority list was prepared is not correct. Hence, prays to dismiss the writ petition. 4. Respondent Nos.7 and 9 to 34 filed a statement of objections contending that, respondent No.1 issued a notification on 26.12.2011 calling applications from the - 20 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 eligible candidates to fill up the vacancies to the posts of male and female nurses. Respondent Nos.7 and 9 to 34 were appointed on different dates vide movement orders and they were placed in a different hospital premises by the same Authority. Hence, pray to dismiss the writ petition. 5. Heard the arguments of learned counsel for the petitioners, learned AGA for respondent No.1, learned counsel for respondent Nos.2 and 3, and learned counsel for respondent Nos.7 and 9 to 34. 6. Learned counsel for the petitioners submits that, PMSSY Super Speciality Hospital is a separate entity and other Institutions are separate entities. There cannot be combined seniority list. There should be a separate seniority list for PMSSY Super Speciality Hospital. The combined seniority list issued by respondent No.2 is illegal, arbitrary and erroneous. Hence, on these grounds, he prays to allow the writ petition. - 21 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 7. Per contra, learned counsel for the respondents submit that, the issue involved in this case is squarely covered by the order passed by the Co-ordinate Bench of this Court in the case of Dr. Harshavardhana H.S., and Others Vs. State of Karnataka and Others1. The said order passed by the Co-ordinate Bench was confirmed by the Division Bench of this Court in WA No.81/2022, disposed of on 31.10.2022. Hence, on this ground, they pray to dismiss the writ petition. 8. Perused the records and considered the submissions of the learned counsel for the parties. 9. It is an undisputed fact that the petitioners and respondent Nos.7 and 9 to 34 were appointed in a different Institute, however, the appointing authority are one and the same. Respondent No.1 issued a provisional seniority list on 12.01.2022. The petitioners submitted objections to the provisional seniority list stating that 1 WP No.1883/2018 c/w WP No.2014/2018, disposed of on 16.01.2021 - 22 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 PMSSY Super Speciality Hospital is a separate Institute and it has nothing to do with the other Institutions. 10. From the perusal of the records, it clearly discloses that, the appointing authority for PMSSY Super Speciality Hospital and BMCRI are one and the same; recruitment notification is issued by the same authority for PMSSY Super Speciality Hospital and BMCRI, and there is no separate Government order declaring that, PMSSY Super Specialty Hospital is a separate entity or autonomous Institution for seniority of the Nursing Officers. 11. The issue involved in this case is squarely covered by the Order passed by the Co-ordinate Bench of this Court in the case of Dr. Harshavardhana H.S (supra). The order passed by the Co-ordinate Bench was confirmed by the Division Bench of this Court in WA No.81/2022, disposed of on 31.10.2022. While dismissing the writ appeal, the Division Bench has observed in paragraph No.6 as follows: - 23 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 “6. It is not in dispute that on correspondence of Government of India, the State Government approved a proposal for upgradation of the institute under PMSSY to constitute a Monitoring Committee for establishment of Super Speciality Hospital within the institute. In pursuance to the directions of the Government of India and the approval by the State Government, the construction and establishment to place in the terms of the scheme and a Super Speciality Hospital was established. After establishing the Super Speciality Hospital, certain posts were created in the Super Speciality Hospital i.e., 6 posts of Assistant Professors and 3 posts of Associate Professors. Applications were invited from eligible candidates for the said posts. The appointment orders were issued on 28.08.2012 and 27.02.2013 in favour of respondents No.5 to 7. In order to establish that Super Speciality Hospital and PMSSY are two different entities, petitioners have not produced any document to show that they are treated as separate autonomous institutions. From the perusal of the records, respondents 5 to 7 were appointed on 28.08.2012 and 27.02.2013, wherein the petitioners were appointed on 21.02.2015 as Assistant Professors and Associate Professors. The respondents No.5 to 7 were appointed much earlier to the petitioners. The respondent No.3 notified a provisional seniority list on 20.01.2016, in which the names of respondents No.5 to 7 were left out. Respondents No.5 to 7 filed objections to the said - 24 - HC-KAR CNR: KAHC010425432022 NC: 2026:KHC:37077 WP No. 18712 of 2022 provisional seniority list. Considering the objections filed by respondents No. 5 to 7, respondent No.3 rectified the seniority list and notified a final seniority list by including the names of respondents No.5 to 7 above the names of the petitioners as they are seniors to the petitioners. The learned Single Judge after considering the entire material on record was justified in recording that respondents No.5 to 7 are seniors to the petitioners and rightly placed their names above the petitioners. The learned Single Judge has passed a detail order. Hence we do not find any grounds to interfere with the impugned order. … …” 12. Considering the order passed in the case of Dr. Harshavardhana H.S (supra), I do not find any ground to entertain the writ petition. Accordingly, the writ petition is dismissed. 13. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 1 Sl No.: 24