Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010557472026 NC: 2026:KHC:45565 WP No. 25182 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 25182 OF 2026 (S-RES) BETWEEN:
1. MRS. KHUSHTARA BANU AGED ABOUT 35 YEARS, D/O SHUKUR SHAIAB, WORKING AT STAFF NURSE CHELUVAMBA HOSPITAL R/AT MUGUR VILLAGE AND POST MYSORE DISTRICT 570001
2. SMT. JAYALAKSHMI D AGED ABOUT 40 YEARS D/O DODDAPAPAIAH W/O NAGARAJU. V.S.
WORKING AT STAFF NURSE K.R. HOSPITAL R/AT SHANTHI NAGAR, PANDAVAPURA (ITI COLLEGE ROAD) HEMAVATHI BADAVANE MANDYA DISTRICT-571401
3. SMT. LEELAVATHI AGED ABOUT 42 YEARS, D/O THIMMAIAH, WORKING AT STAFF NURSE K.R. HOSPITAL R/AT DOOR NO.8, 1 8TH CROSS, 1ST MAIN, PAMPAPATHI ROAD, JAYANAGARA, MYSORE-570014
Digitally signed by SHILPABAI S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010557472026 NC: 2026:KHC:45565 WP No. 25182 of 2026
4. SMT. SAVITHA AGED ABOUT 36 YEARS, D/O HALAGANAIKA WORKING AT STAFF NURSE K.R. HOSPITAL R/AT HOSARAMANAHALLY VILLAGE, BOLANAHALLY VILLAGE AND POST, BILIKERE HOBLI, HUNSUR TALUK, MYSURU DISTRICT - 571103. 5. SMT. ROOPA, G.S.
AGED ABOUT 42 YEARS, W/O. GANESHA, K.G.
WORKING AT STAFF NURSE CHELUVAMBA HOSPITAL R/AT NO. 481, WATER TANK ROAD, HOOTAGAHALLY VILLAGE, BELAVADI POST, MYSORE 570017 …PETITIONERS
(BY SRI. B S NAGARAJ., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE, DEPARTMENT (MEDICAL EDUCATION), VIDHANA SOUDHA, DR. AMBEDKAR VEEDI BENGALURU 560 001
2. MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE, REPRESENTED BY ITS DIRECTOR AND, DEAN IRWIN ROAD, MYSURU 570001, …RESPONDENTS (BY SRI. G RAMESH NAIK, AGA FOR R1)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
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HC-KAR
CNR: KAHC010557472026 NC: 2026:KHC:45565 WP No. 25182 of 2026
DIRECTING THE R2 MYSURU MEDICAL COLLEGE AND RESEARCH INSTITUTE TO CONSIDER AND FOLLOW THE ORDER DATED 15.09.2021 PASSED BY THIS HON'BLE COURT IN WP NO. 9159/2020 CW WP NO. 6681/2019, AND ORDER DATED 17.09.2021, PASSED IN WP NO. 29185/2019 THE TRUE COPIES OF THE SAID ORDERS PASSED BY THIS HON'BLE COURT ARE SUBMITTED AT ANNX-A AND A1 AND FURTHER DIRECT TO ALLOW THE PETITIONERS TO DISCHARGE THEIR DUTY AS NURSES BY CONSIDERING THEIR REPRESENTATION DATED 02.07.2026, 05.08.2026, 06.02.2026, 06.04.2026 AND 14.01.2026 COPIES ARE SUBMITTED AT ANNX-E, E1, F, F1 AND ANNX-G OF THIS WP RESPECTIVELY.
DIRECTING THE R2 MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE, TO CONTINUE THE SERVICE OF THE PETITIONERS AS STIPENDIARY NURSES. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
1. The petitioners have filed this writ petition seeking for a mandamus to direct the respondents to consider and follow the Order dated 15.09.2021 passed in Writ Petition No.9159 of 2020 connected with Writ Petition No.6681 of 2019, and Order dated 17.09.2021 passed in Writ Petition No.29185 of 2019 and further to direct to allow the petitioners to discharge their duties as nurses by considering their
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HC-KAR
CNR: KAHC010557472026 NC: 2026:KHC:45565 WP No. 25182 of 2026
representations dated 02.07.2026, 05.08.2026, 06.02.2026, 06.04.2026, and 14.01.2026, as per Annexures E, E1, F, F1 and G.
2. Learned Additional Government Advocate has raised preliminary objection in regard to the maintainability of the writ petition. She submits that this Court in the connected matters disposed of the writ petition directing respondent No.2-Institute not to replace the petitioner in both the writ petitions by another set of temporary stipendiary nurses.
3. If the order passed by a Co-Ordinate Bench is not complied with, the remedy available to the petitioner is to file a contempt petition. The petitioner cannot file another writ petition seeking a mandamus directing the respondents to comply the order passed in an earlier writ petition. Hence, the instant writ petition is not maintainable and liable to be dismissed on that score.
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HC-KAR
CNR: KAHC010557472026 NC: 2026:KHC:45565 WP No. 25182 of 2026
4. Accordingly, I proceed to pass the following order:
ORDER (i) The writ petition is dismissed. (ii) Liberty is reserved to the petitioners to enforce the Order dated 15.09.2021 passed in Writ Petition No.9159 of 2020 connected with Writ Petition No.6681 of 2019, and Order dated 17.09.2021 passed in Writ Petition No.29185 of 2019, before the appropriate forum in an appropriate proceeding.
Sd/- (ASHOK S.KINAGI) JUDGE
RK List No.: 1 Sl No.: 5