Karnataka High Court
Sri Basavaraj Pundalik Navi vs The Government Of Karnataka on 22 March, 2022
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 22ND DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
WRIT PETITION NO. 100006 OF 2022 (S-RES)
BETWEEN:
1. SRI BASAVARAJ PUNDALIK NAVI
AGE: 27 YEARS, OCC: NSG TUTOR,
R/O: BETAGERI, TAL: GOKAK,
DIST: BELAGAVI-591233.
2. SRI DUNDAPPA B. INCHAL
AGE: 26 YEARS, OCC: NURSING OFFICER,
R/O: VANNUR, TAL: BAILHONGAL,
DIST: BELAGAVI - 591121.
3. MISS. NETRAVATI N. BHANDARI
AGE: 28 YEARS, OCC: NURSING OFFICER,
R/O: VADAGAON, TAL & DIST: BELAGAVI-590001.
4. MISS. PAVITRA BASAVARAJ NAVALAGATTI
AGE: 25 YEARS, OCC: NURSING OFFICER,
R/O: KARAVINKOPPA, CHIKKAMUNNOLLI,
TAL: KHANAPUR, DIST: BELAGAVI-591112.
5. SRI SANJAY M. HOSAMANI
AGE: 30 YEARS, OCC: NURSING OFFICER,
J
MAMATHA R/O: PLOT NO. 418, 4TH CROSS,
Digitally signed
by J MAMATHA
Location:
T.V. CENTER, BELAGAVI-590019.
Dharwad
Date: 2022.03.24
15:06:17 +0530
6. SRI SHREESHAIL B. CHOUGALA
AGE: 23 YEARS, OCC: NURSING OFFICER,
R/O: MARADI, CHIKODI ROAD,
TAL: RAIBAG, DIST: BELAGAVI-591222.
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WP No. 100006 of 2022
7. SRI SHIVAKIRAN N. ABHYANKAR
AGE: 25 YEARS, OCC: NURSING OFFICER,
R/O: MADABHAVI, TAL: ATHANI,
DIST: BELAGAVI-591304.
8. SRI MURAGAYYA HIREMATH
AGE: 35 YEARS, OCC: NURSING OFFICER,
R/O: BHAIRWADAGI, TAL: BASAVAN BAGEWADI,
DIST: VIJAYAPURA-586203.
9. SRI KADAPPA D. RAJANNAVAR
AGE: 31 YEARS, OCC: NURSING OFFICER,
R/O: SHIROL, TAL: MUDHOL,
DIST: BAGALKOTE-587313.
10. SRI VEERAKUMAR NAVALAGATTI
AGE: 24 YEARS, OCC: NURSING OFFICER,
R/O: ANKALAGI, TAL: GOKAK,
DIST: BELAGAVI-591101.
11. SRI HALAPPA VENKAPPA PAYAPPAGOL
AGE: 23 YEARS, OCC: NURSING OFFICER,
R/O: BEKKERI, TAL: RAIBAG,
DIST: BELAGAVI-591317.
12. MISS. RASHMI R. KAREPPAGOL
AGE: 23 YEARS, OCC: NURSING OFFICER,
R/O: SHINDI KURBET, TAL: GOKAK,
DIST: BELAGAVI-591101.
13. SRI RAGHAVENDRA KULKARNI
AGE: 34 YEARS, OCC: NURSING OFFICER,
R/O: JAGANUR, TAL: CHIKODI,
DIST: BELAGAVI-591305.
14. MISS. CHAMPA BELLIKATTI
AGE: 32 YEARS, OCC: NURSING OFFICER,
R/O: BASAVA COLONY, BOXITE ROAD,
BELAGAVI-590001.
15. MISS. SUMANGALA
AGE: 33 YEARS, OCC: NURSING OFFICER,
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WP No. 100006 of 2022
R/O: VIDYA NAGAR, KOPPAL,
TAL & DIST: KOPPAL-583231.
16. MISS. PARVATI Y. CHANDARAGI
AGE: 29 YEARS, OCC: NURSING OFFICER,
R/O: NIDAGUNDI, TAL: RAIBAG,
DIST: BELAGAVI-591317.
17. SRI SACHIN MANGAJ
AGE: 23 YEARS, OCC: NURSING OFFICER,
R/O: JAINAPUR, TAL: CHIKODI,
DIST: BELAGAVI-591201.
18. MISS. SANGITA MAHADEV MAGADUM
AGE: 24 YEARS, OCC: WORKING AS CHO,
R/O: KABBUR, TAL: CHIKODI,
DIST: BELAGAVI-591222.
19. MISS. CHANDRAMMA H. B.
D/O BEERAPPA H.B.
AGE: 27 YEARS, OCC: WORKING ON CONTRACT BASIS,
R/O: BATTALKATTE VILLAGE, HADADI POST,
TAL & DIST: DAVANAGERE - 577001.
20. MISS. MALASHREE MANAGANVI
AGE: 26 YEARS, OCC: NURSING OFFICER,
R/O: BADAKUNDRI, TAL: HUKKERI,
DIST: BELAGAVI-591221.
21. MISS. SUMA R.
AGE: 27 YEARS, OCC: WORKING AS CHO,
R/O: HIREKOGALUR,
TAL: CHANNAGIRI,
DIST: DAVANAGERE-577552.
22. SRI SATISH AKKUR
AGE: 31 YEARS, OCC: WORKING AS CHO,
R/O: SHIGLI, TAL: LAXMESHWAR,
DIST: GADAG-582210.
23. SRI PARASHURAM LAXMAN NANADI
AGE: 25 YEARS, OCC: WORKING AS CHO,
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WP No. 100006 of 2022
R/O: MEKHALI, TAL: RAIBAG,
DIST: BELAGAVI-591317.
24. SRI GANGAPPA BASAGOUDA CHANNANAVAR
AGE: 24 YEARS, OCC: NURSING OFFICER,
R/O: NADI INGALGAON, TAL: ATHANI,
DIST: BELAGAVI-591304.
25. SRI SANTOSH MOLE,
AGE: 25 YEARS, OCC: NURSING OFFICER,
R/O: HONAWAD, TAL: TOKOTA,
DIST: VIJAYAPUR-586130.
26. SRI SHREYAS MORABAD
AGE: 23 YEARS, OCC: NURSING OFFICER,
R/O: RAIBAG, TAL: RAIBAG,
DIST: BELAGAVI-591317.
27. SRI SANTOSH KAMATI
AGE: 36 YEARS, OCC: NURSING OFFICER,
R/O: BADAKUNDRI, TAL: HUKKERI,
DIST: BELAGAVI-591221.
28. SRI SANKET MALASIDD
AGE: 26 YEARS, OCC: WORKING AS CHO,
R/O: BANDAL, TAL: SINDAGI,
DIST: VIJAYAPUR-586128.
29. SRI SHARANAPPA HULLANNAVAR
AGE: 26 YEARS, OCC: NURSING OFFICER,
R/O: KUTAKAN KERI, TAL: BADARI,
DIST: BAGALKOTE-587201.
30. SRI ANAND PRABHU NADAGERI
AGE: 34 YEARS, OCC: NURSING OFFICER,
R/O: MADYAL, TAL: ALAND,
DIST: KALABURGI-585302.
31. SRI PRAMOD BASAVARAJ VIJAYANAGAR,
AGE-24 YEARS, OCC-WORKING AS CHO,
R/O.AT POST-KANNUR, TAL-GOKAK,
DIST-BELAGAVI-591 231.
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WP No. 100006 of 2022
32. SRI VISHWANATH MADAR,
AGE-24 YEARS, OCC- NURSING OFFICER,
R/O.AT/POST- SASANUR, TAL-TALIKOTI,
DIST-VIJAYAPURA-586214.
33. MISS. GADIGEVVA UGARAKHOD,
AGE-25 YEARS, OCC-NURSING OFFICER,
R/O.AT POST- MARADINAGALAPUR,
TAL-BAILHONGAL, DIST-BELAGAVI-591125.
... PETITIONERS
(BY SRI SRINAND A.PACHCHAPURE, ADVOCATE)
AND:
1. THE GOVERNMENT OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH & FAMILY WELFARE,
VIKAS SOUDHA, BENGALURU-560001.
2. THE MISSION DIRECTOR,
NATIONAL HEALTH MISSION,
"AROGYA SOUDHA, LEPROSY HOSPITAL CAMPUS,
MAGADI ROAD, BENGALURU - 560023.
3. THE CHIEF ADMINISTER OFFICER,
NATIONAL HEALTH MISSION,
"AROGYA SOUDHA, LEPROSY HOSPITAL CAMPUS,
MAGADI ROAD, BENGALURU - 560023.
4. THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT, BELAGAVI-590001.
5. THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT, BELAGAVI
AND THE CHAIRMAN FOR
DISTRICT LEVEL SELECTION COMMITTEE
FOR COMMUNITY HEALTH OFFICER,
BELAGAVI-590001.
6. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER,
AND THE MEMBER SECRETARY
FOR THE DISTRICT LEVEL SELECTION COMMITTEE
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WP No. 100006 of 2022
FOR COMMUNITY HEALTH OFFICER, BELAGAVI,
VACCINE DEPOT, 2ND RAILWAY GATE,
TILAKWADI, BELAGAVI-590006.
7. THE GOVT. OF INDIA,
REP.BY ITS SECRETARY,
MINISTRY OF HEALTH & FAMILY WELFARE,
NIRMAN BHAVAN, NEW DELHI-110011.
8. THE ADDL. SECRETARY & MISSION DIRECTOR (NHM)
THE GOVT. OF INDIA,
MINISTRY OF HEALTH AND FAMILY WELFARE,
NIRMAN BHAVAN, NEW DELHI-110011.
9. THE JOINT SECRETARY,
THE GOVERNMENT OF INDIA,
MINISTRY OF HEALTH AND FAMILY WELFARE,
NIRMAN BHAVAN, NEW DELHI-110011.
...RESPONDENTS
(BY V.S.KALASURMATH, HCGP FOR RESP. NO.1 TO 4 AND 6)
(BY SRI SHIVARAJ S.HIREMATH, ADV. FOR RESPONDENT NO.5)
(BY SRI M.B.KANAVI, ADV. FOR RESPONDENT NOS.7 TO 9)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER
BEARING NO.HFW/NHM/CPHC-UHC/INTEGRATED/30/2020-21
DATED 23/12/2021 PASSED BY THE RESPONDENT NO.2
MARKED AT ANNEXURE-R IN SO FAR AS BELAGAVI DISTRICT
IS CONCERNED AND ISSUE A DIRECTION TO THE 2ND
RESPONDENT TO APPROVE THE 2ND FINAL SELECTION LIST
DATED 16.12.2021 ISSUED BY THE 6TH RESPONDENT MARKED
AT ANNEXURE-M AND ISSUE A WRIT OF MANDAMUS TO THE
RESPONDENTS NO.5 AND 6 TO CONSIDER THE
REPRESENTATION DATED 20.12.2021 AND 27.12.2021
MARKED AT ANNEXURES -P AND Q RESPECTIVELY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 100006 of 2022
ORDER
This writ petition is filed for quashing of the notification dated 23.12.2021, by which, applications have been called for filling up the post of Community Health Officer (for short 'CHO') vide Annexure-R.
2. A direction is also sought to approve the final select list dated 16.12.2011 (Annexure-M) and for quashing of the Circular dated 04.01.2022 (Annexure-T). A mandamus is therefore sought to direct the respondent Nos.5 and 6 to consider the representations dated 20.12.2021 and 27.12.2021 Annexures-P and Q.
3. These facts are not in dispute.
Applications had been called for appointment of CHO's. A provisional select list was published on 09.11.2021 and thereafter a final select list was published on 03.12.2021. This final list indicated that 476 CHO's had been selected for being appointed as CHO's. 8 WP No. 100006 of 2022
4. Two days thereafter, i.e., on 05.12.2021 a waiting list comprising of 44 candidates was published. Obviously, this waiting list was published to indicate that in the event of some of the 476 candidates selected did not turn up or accept the appointment, the vacancies so created would be filled up amongst those in the waiting list.
5. It is also admitted that pursuant thereto, notices had been issued to the persons in this waiting list calling upon them to appear for being considered for appointment as 55 people out of 476 provisionally selected had not turned up. However, it is stated that this process did not go through due to certain technical problems.
6. As the matter stood thus, on 16.12.2021, a notification was issued which is purported to be the 2nd final select list. In this second select list (Annexure-M), the names of the petitioners are found. Thus it cannot be disputed that the respondents have considered the petitioners herein to be eligible for selection. 9 WP No. 100006 of 2022
7. However, seven days thereafter, i.e., on 23.12.2021, a notification is issued proposing to fill up the vacancies by foregoing the second select list issued vide Annexure-M. It is this notification which is called in question in this writ petition.
8. It is not in dispute that a waiting list was published by the respondents in which the names of the petitioners were included. Once a waiting list has been published and thereafter candidates from the final select list do not appear and accept the offer of appointment, the respondents are obliged to consider the candidates amongst the waiting list what they have issued. Though, mere entry in the final select list or in the waiting list by itself would not confer a right on the candidates to be appointed on a waiting list being published, the respondents are duty bound to give effect to the waiting list and consider the case of the persons so found in the waiting list for appointment. Once a waiting list has been 10 WP No. 100006 of 2022 published, it is impermissible in law for the respondents to forego the same and proceed to issue a fresh notification.
9. In my view, therefore, Annexure-R cannot be sustained and the same is accordingly quashed. Consequently, the circular issued under Annexure-T and the paper publication at Annexure-V shall also stand quashed.
10. Respondents are hereby directed to consider the candidates whose names were included in the 2nd select list dated 16.12.2021 and offer them an appointment, if they are found suitable.
11. It is made clear that unless the candidates mentioned in the 2nd select list are considered, the respondents shall not be entitled to issue a fresh notification to fill up the remaining posts of 55 CHO's .
12. In the matter of concluding this appointment, if it is found necessary, the Rajeev Gandhi University of Health Sciences, Karnataka shall be requested to extend any time 11 WP No. 100006 of 2022 limits that it had fixed by taking into consideration the pendency of this writ petition and the interim order granted in this writ petition.
Writ petition is accordingly, allowed.
SD JUDGE CKK