Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5592-DB WP No. 26795 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 26795 OF 2024 (S-KSAT)
BETWEEN:
1.
THE DIRECTORATE, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA (LEPROSY HOSPITAL CAMPUS), MAGADI ROAD, BENGALURU-560 023.
2.
THE MEMBER SECRETARY, SPECIAL RECRUITMENT COMMITTEE AND CHIEF OFFICER, DEPT. OF HEALTH AND FAMILY WELFARE, ANAND RAO CIRCLE, BENGALURU-560 009. …PETITIONERS (BY SRI. VIKAS ROJIPURA, AGA)
AND:
1.
KUM.ANITHA D/O MARAPPA, AGED ABOUT 46 YEARS, OCC: STAFF NURSE, SHUSHRAKI, PRIMARY HEALTH CENTER, CHILLARGI VILLAGE, BIDAR TQ AND DIST., R/AT HOUSE NO.10-1-99, BETHANI COLONY, BEHIND PWD OFFICE, MANGALPETE, BIDAR-585 401.
2. SANGEETA, AGED ABOUT 39 YEARS,
Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:5592-DB WP No. 26795 of 2024
APPLICATION ID NO.SC1014518, CATEGORY-GM, NOW SELECTED AS STAFF NURSE.
3. RAJEEVI, AGED ABOUT 38 YEARS, APPLICANT ID NO.SC1006877, CATEGORY-GM, NOW SELECTED AS STAFF NURSE. …RESPONDENTS
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER TO QUASH THE ORDER PASSED BY THE KSAT AT BENGALURU IN APPLICATION NO.6979/2020 DATED 22/02/2023 MARKED AS ANNEXURE-A AND ETC.
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 MR. JUSTICE K. V. ARAVIND
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Heard Sri. Vikas Rojipura, learned AGA for the petitioner– State.
2. The above writ petition is filed aggrieved by
order dated 22.02.2025 in Application No. 6979/2020 passed by the Karnataka State Administrative Tribunal,
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HC-KAR NC: 2026:KHC:5592-DB WP No. 26795 of 2024
Bengaluru (for short ‘Tribunal’) and the operative partition of the order reads as follows:
1. The application is allowed.
2. The action of the authorities in not selecting the applicant by considering the full service of 10 years on contract by extending the weightage as provided under rules is required to be held as illegal and same is violative of Articles 14 and 16 of the constitution of the law.
3. Hence, the selection list prepared without selecting the applicant is illegal. Therefore, the respondent Nos.1 & 2 are directed to select the applicant under General Merit by counting the entire service rendred by the applicant from 04.02.2006 onwards by extending the weightage, by considering her percentage merit as 96.84% and select and appoint her to the post of Staff Nurse, with all consequential benefits except monetary benefits if the applicant is otherwise eligible.
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HC-KAR NC: 2026:KHC:5592-DB WP No. 26795 of 2024
4. The said exercise required to be done within a period of three months from the date of receipt of copy of this order.”
A plain reading of the above order makes it clear that the Tribunal directed the petitioner-authorities to consider the case of the first respondent by extending the weightage for service rendered on contract basis and to grant all consequential benefits except monetary benefits if the applicant is otherwise eligible.
3. Learned AGA brings to the notice of this Court an endorsement dated 08.09.2023 filed along with with memo dated 31.01.2026 whereunder, as directed by the Tribunal, the case of the first respondent was considered and endorsement dated 08.09.2023 is issued stating that even after granting weightage for contractual service rendered, the first respondent would not be eligible for appointment as Staff Nurse.
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HC-KAR NC: 2026:KHC:5592-DB WP No. 26795 of 2024
In view of the consideration of first respondent's case and issuance of endorsement dated 08.09.2023, the writ petition would not survive for consideration. It is for the first respondent to challenge the endorsement dated
08.09.2023. Accordingly, the writ petition stands disposed of.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (K. V. ARAVIND) JUDGE
BSV CT:bms List No.: 1 Sl No.: 31