Karnataka High Court
Sri Rajappa vs State Of Karnataka on 25 February, 2019
Author: R Devdas
Bench: R. Devdas
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2019
BEFORE
THE HON' BLE MR.JUSTICE R. DEVDAS
WRIT PETITION NOs.3405-3431/2015 (S-RES)
C/W
WRIT PETITION NOs.62200-62266/2016,
1412-1440/2017, 1738-1767/2017,
13016/2016 & 33004-33012/2016 (S-RES)
IN W. P. NOs.3405-3431/2015
BETWEEN
1. SRI. RAJAPPA
S/O MUDALAGIRIYAPPA
AGED 32 YEARS,
VYASALA, I MAIN ROAD,
BANGALORE.
2. MRS. M. GEETHA
W/O P. BEERESH,
AGED 27 YEARS,
NO.11, V CROSS,
CHELUVAPPA GARDEN
BHUVANESWARI NAGAR,
BANGALORE 560 023.
3. MRS. FAKEERAVVA
D/O PRAMILAVVA
AGED 25 YEARS,
NO.74, V CROSS, VII MAIN
GANAPTHIPURA,
BANGALORE 560 062.
-2-
4. SRI. B. GAJENDRA
S/O BADDU NAIK,
AGED 28 YEARS,
DOMMAGADDE VILLAGE,
KOWDA HALLI P.O. KOLLEGAL TALUK,
CHAMRAJNAGARA DISTRICT-571 440.
5. SRI. N. S. SHANKAR
S/O SRI. SUBBU RAYAPPA,
AGED ABOUT 26 YEARS,
RESIDING AT NARASIMHAHALLI,
TUBGERE POST,
DODDABALLAPURA TALUK,
BANGALORE RURAL DISTRICT-561 203.
6. SRI. H. R. DINESH
S/O SRI RAMACHANDRA
AGED ABOUT 27 YEARS,
RESIDING AT ANANDUR POST,
ARAKALAGUDU TALUK,
HASSAN DISTRICT-573213.
7. SRI. KOLLURAPPA. M. S
S/O SRIMALLAPPA,
AGED ABOUT 27 YEARS,
RESIDING AT BHARMPURA POST,
HIRIYUR TALUK,
CHITRADURGA DISTRICT-577 501.
8. SRI. BALASWAMY NAIKA
S/O SRI PEEKA NAIKA
AGEDC ABOUT 25 YEARS,
RESIDING AT TOKINAYAKANADODDI,
MARALEBEKUPPE POST,
UYYAMBALLI HOBLI,
KANAKAPURA TALUK,
RAMANAGARAM DISTRICT 571 511.
9. SRI. LINGARAJU R
-3-
S/O SRI RAJANNA,
AGED ABOUT 31 YEARS,
NO.2, GOVERNMENT PRIMARY
HEALTH CENTER QUARTERS,
BEGUR,
BANGALORE 560 068.
10. SRI. GANESHA NAIK
S/O SRI ANNA NAIK
AGED ABOUT 26 YEARS,
RESIDING AT ANAJAVADI DODDI VILLAGE,
SIVANAHALLI POST,
KANAKAPURA TALUK,
RAMANAGARAM DISTRICT 571 511.
11. SRI. D. NAGARAJU
S/O SRI. DODDAIAH,
AGED ABOUT 34 YEARS,
RESIDING AT BOODITHITTU
MADDUR POST,
YALANDUR TALUK
CHAMRAJ NAGAR DISTRICT -571 313.
12. V. GIRIJAMMA
D/O SRI VENKATAIAH
AGED ABOUT 34 YEAR,S
RESIDING AT NO. 2350/1
SRINIVAS TEMPLE ROAD,
MANDI MOHALLA,
KAILASAMPURAM,
1ST CROSS,
MYSORE-570 021.
13. SRI. B.P. LOKESH
S/O SRI B.K. PUTTA SWAMY
AGED ABOUT 32 YEARS,
RESIING AT NO.26,
4TH CROSS,
VIGNESHWARA NAGAR,
SUNKADAKATTE
-4-
BANGALORE 560091.
14. SRI. RAMESH NAIK B.P
S/O PAPA NAIK
AGED ABOUT 28 YEARS,
RESIDING AT NEW BANK COLONY
2ND CROSS, KONANAKUNTE
BANGALORE-560 062.
15. SRI. M. PUNITH
S/O MAHANTHAPPA
AGED ABOUT 27 YEARS,
RESIDING AT IMANGAL POST
ARALIKATTE,
HIRIYUR TALUK-577 599
CHITRADURGA DISTRICT.
16. SRI. SHIVAKUMAR
S/O CHIKKANNA
AGED ABOUT 27 YEARS,
R/A PARASHURAMPURA VILLAGE
CHALLAKERE TALUK-577 522.
CHITRADURGA DISTRICT.
17. K. R. SWAMY
S/O T. RANGAPPA
KODIGERE,
HIRENALLUR PO
KADUR TALUK-577 548
CHICKMAGALORE DIST.
18. G. S. GIRISHA
S/O G.M. SRIKANTIAH
MARADI HALL PO
HIRIYUR TALUK,
CHITRADURGA DIST 577 532.
19. M. N. GEETHA
S/O NAGARAJAPPA
DODDENA HALL PO
-5-
KASABA HOBLI,
HARASIKERE TALUK,
HASAN DIST-573 201.
20. CHRISTINA DOROTHY
D/O JOHN RAJAN
16TH CROSS, 16/10 STREET
ABB ABL COLONY, SHAHABAD
GULBARGA (KALABURGI)-585 228.
21. SMT. C. M. ASHA
D/O MALLAIAH
AGED ABOUT 25 YEARS,
RESIDING AT T.N. PURA TALUK,
MYSORE DISTRICT 577021.
22. CHANDRAKALA S
AGED ABOUT 23 YEARS,
RESIDING AT KADALAGERE,
MELUKOTE HOBLI,
PANDAVAPURA TALUK,
MANDYA DISTRICT-571 401.
23. RAMESH .C
S/O CHIKKARANGIAH,
NO.210, SRI LAKSHMI
RANGANATHASWAMY NILAYA,
BIJAVARA VILLAGE & POST,
MADHUGIRI TALUK-572 132.
TUMKUR DISTRICT.
24. R. PUSHPA
D/O RANGARAMAIAH
HONNUR VILLAGE & PO
YALANDUR TALUK-571 313.
CHAMARAJNAGAR DIST.
25. THIPPE SWAMY U
S/O UJJINAPPA
JAMPANNA NAYAKANA KOTE
-6-
CHITRADURGA TALUK,
CHITRADURGA DIST. 577 532.
... PETITIONERS
(BY SRI. RAJESWARA P. N, ADVOCATE FOR P1 TO P8 &
P10 TO P25; SRI. M. KRISHNAPPA, ADVOCATE FOR P9)
AND
1. STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF HEALTH &
FAMILY WELFARE,
(MEDICAL EDUCATION),
VIKAS SOUDHA,
BANGALORE-560 001.
2. BANGALORE MEDICAL COLLEGE
& RESEARCH INSTITUTE
(AN AUTONOMOUS INSTITUTION OF
GOVT. OF KARNTAKA)
K. R. ROAD, FORT
BANGALROE-560 002.
REP:BY ITS DIRECTOR & DEAN.
... RESPONDENTS
(BY SRI. SRIDHAR N HEGDE, HCGP FOR R1;
SRI. P. S. MALIPATIL, ADVOCATE FOR R2)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE RECRUITMENT NOTIFICATION DTD. 28.12.2012 VIDE
ANNEX-A ISSUED BY R-2, QUASH THE GOVERNMENT ORDER
DTD.14.3.2013 (ANNEX-B) ISSUED BY R-1 AND ETC.
-7-
IN W. P. NOs.62200- 62266/2016
BETWEEN
1. SMT. JAYAMMA T
W/O GANGADHARAIAH,
AGED ABOUT 39 YEARS,
ARAKERE VILLAGE AND POST,
TUMKUR DISTRICT-572 130.
2. SRI.RANGASWAMY.K
S/O KARE RANGAIAH,
AGE ABOUT 29 YEARS,
BHARAMPURA VILLAGE,
AIMANGALA HOBLI,
HIRIYURU TALUK-577 599
CHITRADURGA DISTRICT.
3. NETHRAVATHI.V
D/O VENKATARAMAPPA,
AGE ABOUT 31 YEARS,
MELENAHALLI VILLAGE,
RAMPURA POST,
KANAKATTE HOBLI,
ARASIKERE TALUK,
HASSAN DISTRICT-573 126.
4. CHANDRAKALA. B
D/O BOMMANNA GOWDA,
AGE ABOUT 34 YEARS,
CHARVALEA VILLAGE & POST,
PUTTUR TALUK,
DAKSHINA KANNADA-574 328.
5. MANJULA M.L.
W/O AVINASH,
AGE ABOUT 33 YEARS,
#18, 9TH MAIN, HOSAHALLI,
VIJAYANAGAR, BANGALORE-560 060.
-8-
6. HEMALATHA.M
D/O MUDDU MARAIAH,
AGE ABOUT 39 YEARS,
SIDDAIAHNAPURA,
KOLLEGAL-571440
CHAMARAJNAGAR DISTRICT.
7. MAHESH
S/O PANDU,
AGED ABOUT 29 YEARS,
BHEDASUR (K) TANDA
CHITTAPURA TALUK,
GULBARGA DISTRICT-585 322.
8. DEEPIKA S.M.
D/O MALLIKARJUNAPPA.S,
AGE ABOUT 26 YEARS,
SOLLAPURA VILLAGE & POST,
TARIKERE TALUK-577 549
CHIKKAMANGALORE DISTRICT.
9. BHAGYA H. N
D/O NANJUNDAPPA H.M.
AGE ABOUT 29 YEARS,
HIRENALLURU VILLAGE & POST,
KADUR TALUK-577 548
CHIKKAMANGALORE DISTRICT.
10. NETHRA BAI.N
D/O NAGARAJ NAIK,
AGE ABOUT 26 YEARS,
BOMMANA KATTE VILLAGE
GUNDERI POST,
HOLALKERE TALUK-577 526
CHITRADURGA DISTRICT.
11. MANJULA G
D/O GOVINDAPPA,
AGE ABOUT 32 YEARS,
HALAGANAHALLI VILLAGE & POST,
-9-
GOWRIBIDANOOR TALUK-561 208,
CHIKKABALLAPURE DISTRICT.
12. JAYALAKSHMI T. B.
D/O BASAVARAJ,
AGE ABOUT 26 YEARS,
THAREMANE VILLAGE,
HULIYURU HOBLI-572 218
CHIKKANAYAKANAHALLI TALUK,
TUMKUR DISTRICT.
13. INDRANI S
D/O SOMASHEKAR,
AGE ABOUT 27 YEARS,
BALEGAR BEEDI,
MATHODE HOBLI,
HOSADURGA TALUK-577 527
CHITRADURGA DISTRICT.
14. SAKSHAPPA Y
S/O YANGAPPA,
AGE ABOUT 31 YEARS,
K.C.RUPA BRAHMAPURA POST,
IMANGALA HOBLI,
HIRIYUR TALUK-577 546
CHITRADURGA DISTRICT.
15. RAJAMMA P
D/O PANDAPPA,
AGE ABOUT 31 YEARS,
DINDAVARA VILLAGE,
HIRIYURU TALUK-577 546
CHITRADURGA DISTRICT.
16. KOLLAMMA
D/O MALLAPPA,
AGE ABOUT 31 YEARS,
KALLAHATTI VILLAGE,
AIMANGALA POST,
HIRIYURU TALUK-577 546.
-10-
CHITRADURGA DISTRICT.
17. NAGARATHNA H
D/O HANUMANTHAPPA,
AGE ABOUT 34 YEARS,
DONEHALLI VILLAGE,
CHALLAKERE TALUK-577 522
CHITRADURGA DISTRICT.
18. KAMALABAI. M
D/O MALLA NAIK,
AGE ABOUT 32 YEARS,
KARAKUCHI VILLAGE,
THANDYAT POST,
THARIKERE TALUK-577 549
CHIKKAMANGALORE DISTRICT.
19. BABY. D
D/O DOMBAIAH POOJARI,
AGE ABOUT 41 YEARS,
BELURU VILLAGE & POST,
MUDIGERE TALUK-577 132
CHIKKAMANGALORE DISTRICT.
20. SHILPA Y. S
D/O SHIVANANJAIAH,
AGE ABOUT 27 YEARS,
YELLENAHALLI VILLAGE,
BARGUR POST-572 119
CHIKKANAYAKANA HALLI TALUK,
TUMKUR DISTRICT.
21. GEETHA T
D/O THOPEGOWDA,
AGE ABOUT 32 YEARS,
#107/2 NARAYANA BUILDING,
PEARL CORONET APARTMENT
SUDDUGUNTE PALYA,
BANGALORE-560 073.
-11-
22. MALASHREE B. L.
D/O LINGARAJU,
AGE ABOUT 27 YEARS,
BANAVE VILLAGE, KAVERIPURA POST,
THALAKADU HOBLI,
T.NARASIPURA TALUK-571 122
MYSORE DISTRICT.
23. DADA K. F.
S/O KAMAL SAB.H
AGE ABOUT 32 YEARS,
HUSSAIN MANJIL
BASAVESHWARA NAGARA
HIRIYURU TALUK-577 546
CHITRADURGA DISTRICT.
24. RAMESHA H
S/O LATE HUVAIAH,
AGED ABOUT 36 YEARS
NO.2/81,PANNA STREET,
BHEEMA NAGAR,
KOLLEGAL TOWN-571 440
CHAMARAJNAGAR DISTRICT.
25. VENKATESHA M
S/O MAHADEVA
AGE ABOUT 29 YEARS
BANURU VILLAGE & POST,
KOLLEGAL TALUK,
CHAMARAJANAGARA DISTRICT -571 440.
26. SUDHA R
D/O RAMAIAH,
AGE ABOUT 30 YEARS
RAMAIAHNAPURA VILLAGE,
YERAGANAHALLI POST,
HARADANAHALLI HOBLI
CHAMARAJANAGAR TALUK &
DISTRICT 571 127.
-12-
27. RAGHAVENDRA G
S/O GUNDAPPA S
AGE ABOUT 33 YEARS
P MAHADEVAPURA VILLAGE,
PARASURAMAPURA HOBLI,
CHALLAKERE TALUK,
CHITRADURGA DISTRICT 577 508.
28. MARY PREMA A
D/O LATE AROKIYA SWAMY,
AGE ABOUT 31 YEARS
NO.133,"B" BLOCK,7TH CROSS,
JANAKIRAM LAYOUT,
MASJID ROAD,
LINGARAJA PURAM,
BANGALORE-560 084.
29. HANUMANTHARAYA R
S/O RAMANNA,
AGE ABOUT 29 YEARS
N DEVARAHALLI VILLAGE,
N MAHADEVAPURA POST,
CHALLAKER TALUK,
CHITRADURGA DISTRICT-577 536.
30. CHANDRAPPA E
S/O E KANTHAPPA
AGE ABOUT 40 YEARS
BIDARAKERE VILLAGE & POST,
JAGALURU TALUK,
DAVANAGERE DISTRICT-577 521.
31. SHIVA KUMAR D
S/O DODDA SIDDA NAYAKA,
AGE ABOUT 29 YEARS
NO.353,DURGAMBA NILAYA,
DHANAGERI VILLAGE,
SARAGURU POST,
KOLLEGAL TALUK-571 440
CHAMARAJANAGAR DISTRICT.
-13-
32. RAVI KUMAR T. S
S/O SHIVANNA,
AGE ABOUT 33 YEARS
NEAR MARAMMA TEMPLE
THOVINAKERE POST,
C.N.DURGA HOBLI,
KORATAGERE TALUK-572 129
TUMKUR DISTRICT.
33. JAYALAXMI
D/O NINGAIAH,
AGE ABOUT 29 YEARS
MOOKAHALLI VILLAGE,
HONGAHALLI POST,
GUNDLEPET TALUK-571 111
CHAMARAJANAGAR DISTRICT.
34. PADMA S. K
D/O SHIVANNA N C
AGE ABOUT 26 YEARS
SINGATAGERE VILLAGE & POST
KADURU TALUK-577 548
CHIKKAMANGALORE DISTRICT.
35. MAMATHA B. M
D/O MANJAPPA R
AGE ABOUT 26 YEARS
BYAGADAHALLI,
DASRAHALLI,
BIRUR POST-577 116
KADARUR TALUK
CHIKKAMANGALORE DISTRICT.
36. ROOPA R
W/O H SHIVAPPA,
AGED ABOUT 30 YEARS
MALLAPPANAHALLI,
HOSADURGA ROAD POST,
HOSADURGA TALUK-577 554
-14-
CHITRADURGA DISTRICT.
37. PUSHPALATH N G
W/O RANGANATHA,
AGE ABOUT 28 YEARS
POLICE QUATRUS,
NO.108,1ST BLOCK,
Y.G.PALYA, ASHOK NAGAR,
BANGALORE-560 047
38. PALLAVI H N
W/O MADHUCHANDRA
AGED ABOUT 28 YEARS
# 18,16TH CROSS,
JAKKUR LAYOUT,
YELANKA,
BANGALORE-560 064.
39. MEENAKSHI H N
W/O NANDISH KUMAR T
AGE ABOUT 27 YEARS
# 257,6TH CROSS,
INDRANAGAR,
WEST OF CARD ROAD,
NEAR MODHI HOSPITAL,
RAJAJINAGAR,
BANGALORE-560 010.
40. ASHA RANI P
D/O PARUSAPPA,
AGE ABOUT 28 YEARS
KELAGOTE VILLAGE,
KECHENAHALLI POST-577 528
JAGALUR TALUK,
DAVANAGERE DISTRICT.
41. CHINNAMMA
W/O GAJENDRA B
AGE ABOUT 32 YEARS
HONAGANAHATTI VILLAGE,
-15-
THAVARAKERE POST-560 029
BANGALORE SOUTH TALUK,
BANGALORE.
42. HARISH N
S/O OBALAPPA,
AGED ABOUT 34 YEARS
NARASIMHANAHALLI VILLAGE,
TUBAGERE POST-561 226
DODDABALLAPURA TALUK,
BANGALORE RURAL DISTRICT.
43. LAKSHMI DEVI K
D/O KRISHNA NAIK,
AGE ABOUT 35 YEARS
BABBUR FORM
HIRIYURU TALUK-577 599
CHITRADURGA DISTRICT.
44. SAKAMMA BHOVI
D/O NEMANNA BHOVI,
AGE ABOUT 39 YEARS
BHADRAPURA VILLAGE & POST,
SHIKARIPURA TALUK-577 427
SHIVAMOGGA DISTRICT.
45. NAGARATHNAMMA G
D/O GOVINDAPPA,
AGE ABOUT 29 YEARS
CHINNAPPANAHALLI VILLAGE,
BHUPESANDRA POST
SIRA TALUK-572 137
TUMKUR DISTRICT.
46. SULOCHANA C. R
W/O VEDHA MURTHY S M
AGE ABOUT 31 YEARS
SANJAYA NAGAR,
ANJNEYA TEMPLE ROAD,
MUDALAPLAYA,
-16-
BANGALORE-560 072
47. RAMYA S
D/O SHEKAR A
AGE ABOUT 27 YEARS
ANANDAPURA, S N ROAD
CHANNAPATANA TALUK-562 160
RAMANAGAR DISTRICT
48. THIPPESWAMY H. R.
S/O RAJANNA T
AGE ABOUT 33 YEARS
HUCHENAHALLI VILLAGE & POST,
HIRIYUR TALUK,
CHITRADURGA DISTRICT-577 144
49. CHANDRALEKHA K. H
D/O HONNAPPA.K.N.,
AGED ABOUT 28 YEARS,
KORLALLI VILLAGE,
GOWDALI POST,
SOMWARPET TALUK-571236
KODAGU DISTRICT.
50. MAHADEVA B. N
S/O NAGARAJU,
AGED ABOUT 34 YEARS,
BOPPASAMUDRA VILLAGE,
MADHUR TALUK-571428,
MANDYA DISTRICT.
51. RANI K. S
W/O PARAMESHWAR,
AGED ABOUT 30 YEARS,
KONDAJI VILLAGE AND POST,
THURUVEKERE TALUK-572227,
TUMKUR DISTRICT.
52. RAVI N
S/O NARAYANAPPA,
-17-
AGED ABOUT 32 YEARS,
GULYA VILLAGE,
HEGADEHALLI POST,
THUBAGERE,
DODDABALLAPUR TALUK-562103.
53. SANGEETHA M
D/O MANICKAM N,
AGED ABOUT 29 YEARS,
NO.645, NACHAPALLI,
ROBERTSONPET,
KGF-563122.
54. AROKIYA MARY
W/O SAVIOSUNDER,
AGE MAJOR/ 33 YEARS,
R/O NO.11/1, 12TH CROSS,
VIJAYANAGAR PIPELINE,
BANGALORE-560023.
55. ASHA G
D/O GOVINDA H,
AGED ABOUT 29 YEARS
RANGANATHAPURA VILLAGE,
ANNEGER POST,
KADUR TALUK-577182,
CHIKKAMAGALUR DISTRICT.
56. DEEPIKA M. J
D/O JAYARAM M K,
AGED ABOUT 26 YEARS,
MIRLE, MIRLE POST,
HOSPITAL MAIN ROAD,
K. R. NAGAR TALUK-571617,
MYSORE DISTRICT.
57. BHAGYA N
D/O NINGAIAH,
AGED ABOUT 29 YEARS,
BOODITITTU VILLAGE,
-18-
MADDUR POST,
YELUNDUR TALUK-571441,
CHAMARAJANAGAR DISTRICT.
58. LAKSHMI M
W/O VASANTH KUMAR D,
AGED ABOUT 27 YEARS,
R/O NO.27/1, 3/1, 17TH MAIN,
SUBRAMANYA NAGAR,
BANGALORE-560021.
59. LALITHA B. N
W/O RAMESH,
AGED ABOUT 27 YEARS,
BATTALAHALLI VILLAGE,
CHINTAMANI TALUK-563123.
CHICKKABALLAPUR DISTRICT.
60. NANDINI K
W/O HARISH,
AGED ABOUT 31 YEARS,
R/O CHALAGANAHALLI VILLAG,E
BALGANAHALLI POST,
MALUR TALUK-563130.
KOLAR DISTRICT.
61. ROOPA M. N
D/O NARAYANAPPA,
AGED ABOUT 29 YEARS
R/O MAYAMMANAPALYA,
NEDUVALALU POST,
HEBBUR HOBLI-572120
TUMKUR TALUK AND DISTRICT.
62. CHANDRAKALA R
D/O RAJU H B,
AGED ABOUT 31 YEARS,
HEGGAVADI VILLAGE,
KUNKALAKERE POST,
GUNDLUPETE TALUK,
-19-
CHAMARAJANAGAR DISTRICT-571111.
63. RANI C
D/O CHAMAIAH,
AGED ABOUT 37 YEARS,
R/O NO.13/177, 3RD CROSS,
BEHIND TOWN CLUB,
DR.B.R. AMBEDKAR EXTENSION,
CHAMARAJANAGARA TALUK AND
DISTRICT-571440.
64. JAYASHREE S
D/O SHIVANNA,
AGE:MAJOR,/28 YEARS,
HONNUR VILLAGE AND POST,
YALANDUR TALUK,
CHAMARAJANAGAR DISTRICT-571441.
65. NARASIMHAPPA K
S/O KARIYAPPA,
AGED ABOUT 38 YEARS,
M.D.HATTI VILLAGE,
KOLAHAL POST-577526,
HOLKERE TALUK,
CHITRADURGA DISTRICT.
66. RAMESH
S/O B.R.GOPAL,
AGED ABOUT 36 YEARS,
SANTHEBEEDHI,
GENDEHALLI VILLAGE,
MANDALMANE POST,
BELUR TALUK-573121,
HASSAN DISTRICT.
67. PARVATHI H
D/O LATE SRI HOOVAIAH,
AGED ABOUT 37 YEARS,
R/O BANAVE VILLAGE,
KAVERIPURA POST,
-20-
THALAKADU HOBLI,
T.NARASIPURA TALUK,
MYSORE DISTRICT.
... PETITIONERS
(BY SRI RAJESWARA P N, ADVOCATE)
AND
1. STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF HEALTH AND
FAMILY WELFARE,
(MEDICAL EDUCATION),.
VIKAS SOUDHA,
BANGALORE-560001.
2. BANGALORE MEDICAL COLLEGE AND
RESEARCH INSTITUTE
(AN AUTONOMOUS INSTITUTION OF
GOVT. OF KARNATAKA) K.R.ROAD,
FORT BANGALORE-560002.
REP:BY ITS DIRECTOR AND DEAN.
... RESPONDENTS
(BY SRI SRIDHAR N HEGDE, HCGP FOR R1;
SRI P S MALIPATIL, ADVOCATE FOR R2)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE RECRUITMENT NOTIFICATION DTD:28.12.2012 [ANNXURE-
A] ISSUED BY R-2, QUASH THE GOVERNMENT ORDER
DTD:14.3.2013 [ANENXURE-B] ISSUED BY R-1 AND ETC.
IN W. P. NOs.1412-1440/2017
BETWEEN
1. M.S. VANITHA
W/O SRI VISHWANATH L,
AGED ABOUT 28 YEARS,
-21-
R/O NO.32, KURUBARAHALLI,
KODIGEHALLI POST-561203
KASABA HOBLI,
DODDABALLAPURA TALUK,
BANGALORE RURAL DISTRICT.
2. VISHWANATH L
S/O SRI LAKSHMAIAH,
AGED ABOUT 29 YEARS,
R/O NO.32, KURUBARAHALLI,
KODIGEHALLI POST-561203
KASABA HOBLI,
DODDABALLAPURA TALUK,
BANGALORE RURAL DISTRICT.
3. NAGAMMA P
D/O PALAIAH T,
AGED ABOUT 26 YEARS,
MUTUIGARAHALLY VILLAGE,
B.G.KERE POST,MOLAKALMURU,
CHITHRADURGA DISTRICT.
4. JYOTHI J. H
D/O HANUMANTHAPPA,
AGED ABOUT 32 YEARS,
KALUVEHALLY VILLAGE,
YADADAGATTE POST,
CHALLAKERE TALUK,
CHITRADURGA DISTRICT-577529.
5. SHIVAKUMAR M. B
S/O BASAVARAJAPPA M,
AGED ABOUT 34 YEARS,
TARIGERE VILLAGE & POST,
CHANNAGIRI TALUK,
DAVANAGERE DISTRICT-577552.
6. SUMA N
D/O NARAYANA D,
AGED ABOUT 24 YEARS,
-22-
NO.21/1 2ND CROSS,
2ND MAIN ROAD,
PATTEGARAPALYA,
VIJAYANAGAR,
BENGALURU-560079.
7. CHIKKANINGAIAH
S/O NINGAIAH,
AGED ABOUT 34 YEARS,
BUDITITTU VILLAGE,
MADDUR POST,
YELANDUR TALUK,
CHAMARAJANAGAR DISTRICT-571441.
8. MAHADEVAMMA C
D/O CHIKKAMAHADEVA,
AGED ABOUT 31 YEARS,
KELLAMBALLI VILLAGE & POST,
CHAMARAJANAGAR TALUK,
DISTRICT-571441.
9. JYOTHI LAKSHMI M. R
W/O KRISHNA,
AGED ABOUT 34 YEARS,
NO.4, 1ST CROSS,
KAMAKSHIPALYA,
VRUSHABHAVATHINAGAR,
BENGALURU-560079.
10. NARASIMHA MURTHY G
S/O GANGAPPA,
AGED ABOUT 29 YEARS,
SHIRAVARA VILLAGE,
ANTHARAHALLI POST,
DODDABALLAPUR TALUK
BENGALURU RURAL DISTRICT-561203.
11. USHA R
D/O RANGAPPA,
AGED ABOUT 28 YEARS,
-23-
HADAGUR VILLAGE & POST,
GUBBI TALUK,
TUMKUR DISTRICT-572216.
12. GAYATHRIDEVI C. N
D/O C K NAGAIAH,
AGED ABOUT 34 YEARS,
GOWDAHALLI VILLAGE,
HINDUPURA TALUK,
GUNDLAPET TALUK,
CHAMARAJANAGAR DISTRICT.
13. SHILPA R
D/O RAJANNA,
AGED ABOUT 29 YEARS,
M.K.HATTI,
CHITRADURGA TALUK & DISTRICT.
14. PANDU RANGA A
S/O APPANNA,
AGED ABOUT 29 YEARS,
BHODANAVADI VILLAGE,
KAMALANAGAR POST,
ALANDA TALUK,
GULBARGA DISTRICT.
15. SYED PARVEEZ
S/O KARAMATH M.S.
AGED ABOUT 33 YEARS,
TMK CYCLE MART,
BAGURE ROAD,
CHANNARAYAPATNA TOWN,
HASSAN DISTRICT-573116.
16. KAVITHA G
D/O GANGAIAH S.M.,
AGED ABOUT 30 YEARS,
NO.52, 1ST MAIN,
NEAR BASAVANNA TEMPLE,
KAMALANAGAR,
BENGALURU-560079.
-24-
17. KOLLAMMA M
D/O MALLAPPA,
AGED ABOUT 28 YEARS,
BARAMAPURA VILLAGE &
POST, HIRYUR TALUK,
CHITHRADURGA DISTRICT-577558.
18. RANGAMMA N
D/O NARASIMAIAH,
AGED ABOUT 30 YEARS,
HEGGUNDA VILLAGE & POST,
DABASPET HOBLI,
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT.
19. POORNIMA M
D/O MARISWAMY,
AGED ABOUT 30 YEARS,
ABBOR VILLAGE & POST,
CHANNAPATNA TALUK,
RAMANAGAR DISTRICT-562108.
20. BHAGYA M
W/O SHANKAR M,
AGED ABOUT 39 YEARS,
BEECHAHALLI STREET,
HONNUR VILLAGE & POST,
YELANDUR TALUK,
CHAMARAJANAGAR DISTRICT-571441.
21. MANJULA B. S
D/O SHIVANNA,
AGED ABOUT 28 YEARS,
BELAGUR VILLAGE & POST,
A.D.COLONY,
HOSADURGA TALUK,
CHITHRADURGA DISTRICT-577597.
-25-
22. MANJUNATHA P
S/O PUTTAPPA,
AGED ABOUT 33 YEARS,
NANDHIGUNDA VILLAGE,
HEGGADIHALLI POST,
DODDABALLAPUR TALUK,
BENGALURU RURAL DISTRICT-561205.
23. SUDHA S
D/O SHEKAR,
AGED ABOUT 27 YEARS,
#89, 1ST CROSS, DR.TCM.
RAYAL ROAD, SIDDARTHA NAGAR,
BENGALURU-560057.
24. SULOCHANA K
D/O KRISHNAN A,
AGED ABOUT 29 YEARS,
NO.93, BHARATHAPURUM,
ANDARSANPET TALUK,
BANGARAPET TALUK,
KOLAR DISTRICT-563113.
25. BHAVYA S. D
D/O DAIVAPRASAD S.L,
AGED ABOUT 26 YEARS,
SONDEKOPPA VILLAGE & POST,
BANGALURU NORTH TALUK,
BENGALURU-562130.
26. SARITHA V
D/O VELU,
AGED ABOUT 30 YEARS,
GANDHI NAGAR,
RANGENAHALLI VILLAGE & POST,
TARIKERE TALUK,
CHIKKAMANGALORE-577144.
27. NETHRAVATHI N
D/O NANJAIAH,
-26-
AGED ABOUT 33 YEARS,
NO.88, 2ND CROSS,
MAMBALLI VILLAGE & POST,
YELANDURE TALUK,
CHAMARAJANAGAR DISTRICT-571441.
28. PRABHA N
D/O NAGARAJU M,
AGED ABOUT 29 YEARS,
BASAVAPURA VILLAGE & POST,
CHAMARAJANAGAR TALUK &
DISTRICT-571313.
29. ROOPA
D/O CHENNABASAVAIAH,
AGED ABOUT 30 YEARS,
SARGURU VILLAGE AND POST,
KOLLEGALA TALUK,
CHAMARAJANAGAR DISTRICT-571440.
... PETITIONERS
(BY SRI RAJESWARA P N, ADVOCATE)
AND
1. STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF HEALTH & FAMILY WELFARE,
(MEDICAL EDUCATION)
VIKAS SOUDHA,
BANGALORE-560001
2. BANGALORE MEDICAL COLLEGE &
RESEARCH INSTITUTE
(AN AUTONOMOUS INSTITUTION OF
GOVT OF KARNATAKA)
K.R.ROADE, FORT,
BANGALORE-560002
REP BY ITS DIRECTOR & DEAN
... RESPONDENTS
(BY SRI SRIDHAR N HEGDE, HCGP FOR R1;
SRI P S MALIPATIL, ADVOCATE FOR R2)
-27-
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE RECRUITMENT NOTIFICATION DATED 28.12.2012 ORDER
AT ANNEX-A ISSUED BY R-2; QUASH THE GOVERNMENT
ORDER DATED 3.9.2013 AT ANEX-B ISSUED BY R-1 AND ETC.
IN W.P.NOs.1738-1767/2017
BETWEEN
1. SMT. AMBIKA N. B
AGED ABOUT 41 YEARS,
W/O SRI SRIDHAR
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BENGALURU 560002.
2. SMT POORNIMA C U
AGED ABOUT 28 YEARS,
W/O JAGADEESH T S
WORKING AS STAFF NURSE
VANI VILAS HOSPITAL
BENGALURU 560002.
3. SMT LATHA K
AGED ABOUT 32 YEARS,
W/O MALLIKARJUNA G S
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BENGALURU 560002.
4. MISS SUSHEELA
AGED ABOUT 33 YEARS,
D/O SHIVAIAH,
WORKING AS STAFF NURSE
VANI VILAS HOSPITAL,
BENGALURU 560002.
-28-
5. SMT PUSHPALATHA G
AGED ABOUT 33 YEARS,
W/O VIJAYAKUMAR,
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BENGALURU 560002.
6. MISS KAVITHA S D
AGED ABOUT 31 YEARS,
D/O DODDARANGAPPA G
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BENGALURU 560002.
7. SMT PADMA V
AGED ABOUT 25 YEARS,
D/O SRINIVASA T D
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BENGALURU 560002.
8. SMT SHASHIKALA S D
AGED ABOUT 29 YEARS,
D/O DODDARANGAPPA
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BENGALURU 560002.
9. MRS VASANTHAKUMARI P K
AGED ABOUT 30 YEARS,
D/O KARIYAPPA P K
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BENGALURU 560002.
10. MISS VEENARANI S
AGED ABOUT 27 YEARS,
D/O SIDDESH
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BENGALURU 560002.
-29-
11. MISS SOUMYA B
AGED ABOUT 26 YEARS,
D/O BHADRAIAH,
WORKING AS STAFF NURSE,
VANI VILAS HOSPITAL
BENGALURU 560002.
12. SMT MAMATHA N
AGED ABOUT 27 YEARS,
W/O GOWRISHA S R
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BENGALURU 560002.
13. MISS DUGGAMMA S D
AGED ABOUT 28 YEARS,
D/O LATE SANNADUGGAPPA
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BENGALURU 560002.
14. MISS MUBINABI
AGED ABOUT 38 YEARS,
D/O SHAHANAB
WORKING AS STAFF NURSE
VANI VILAS HOSPITAL
BENGALURU 560002.
15. SMT PREMALATHA D
AGED ABOUT 29 YEARS,
W/O DEVARAJ,
WORKING AS STAFF NURSE,
VANIVILAS HOSPITAL
BENGALURU 560002.
16. SMT PANAKAJA K H
AGED ABOUT 32 YEARS,
W/O SOMASHEKAR K C
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BENGALURU 560002.
-30-
17. SMT REKHA A G
AGED ABOUT 30 YEARS,
W/O SHEKAR K M
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BENGALURU 560002.
18. MISS JAYAPRIYA N
AGED ABOUT 37 YEARS,
D/O NARASIMHALU T N
RESIDING AT NO.153/5, 5TH MAIN,
5TH CROSS, VS GARDEN,
JJR NAGAR, BENGLAURU 560026
WORKING AS STAFF NURSE,
VANI VILAS HOSPITAL
BENGALURU 560002.
19. MISS REVATHI M
AGED ABOUT 28 YEARS,
RESIDING AT NO.334,
VENKATASWAMY LAYOUT,
M S NAGAR POST,
SUBBAIAHNA PALYA
BENGALURU
WORKING AS STAFF NURSE
BOWRING HOSPITAL
BENGALURU-560001.
20. LILLY PUSHPA MARY
AGED ABOUT 30 YEARS,
W/O MANJUNATH
RESIDING AT VADDARADODDI,
(GODEST NAGAR) MARATHHALLI,
KOLLEGALA TALUK,
CHAMARAJANAGAR
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BENGALURU 560002.
-31-
21. SRI DINESH N M
AGED ABOUT 28 YEARS,
S/O MARKANDAIAH,
WORKING AS STAFF NURSE,
VANI VILAS HOSPITAL
BENGALURU 560002.
22. SRI RAMAIAH C
AGED ABOUT 32 YEARS,
S/O CHIKKAVENKATAIAH
WORKING AS STAFF NURSE,
VICTORIA HOSPITAL
BENGALURU 560002.
23. MISS RATNA B HADIMANI
AGED ABOUT 33 YEARS,
D/O BASAVANNI HADIMANI,
WORKING AS STAFF NURSE,
VICTORIA HOSPITAL
BENGALURU 560002.
24. SMT ROOPA
AGED ABOUT 29 YEARS,
W/O HARISH
WORKING AS STAFF NURSE
VANI VILAS HOSPITAL
BENGALURU 560002.
25. MISS RUKMINI H S
AGED ABOUT 27 YEARS,
D/O SEENAPPA
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BENGALURU 560002.
26. NAGAVENAMMA M T
AGED ABOUT 43 YEARS,
W/O LATE KRISHNAMURTHY B S
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
-32-
BENGALURU 560002.
27. SMT SHARADA BAI B. L
AGED ABOUT 29 YEARS,
D/O LAKSHMANNA NAIK,
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BENGALURU 560002.
28. SMT LEELAVATHI H
AGED ABOUT 36 YEARS,
W/O MAHESH C
WORKING AS STAFF NURSE
MINTO OPTHALMIC HOSPITAL
BENGALURU 560002.
29. GEETHA R
W/O BASAVARAJU,
AGED ABOUT 38 YEARS,
WORING AS STAFF NURSE
MINOT OPTHALMIC HOSPITAL
BENGALURU 560002.
30. SUNITHA B. L
W/O MANJUNATHA S
AGED ABOUT 28 YEARS,
WORKING AS STAFF NURSE
VANIVILAS HOSPITAL
BENGALURU 560002.
... PETITIONERS
(BY SRI GANGADHARAIAH A N, ADVOCATE)
AND
1. BENGALURU MEDCIAL COLLEGE &
RESEARCH INSTITUTE,
REP BY ITS DEAN AND DIRECTOR,
K.R. ROAD, KOTE
BENGALURU 560002.
-33-
2. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY TO GOVT
DEPARTMENT OF MEDICAL EDUCATION,
M S BUILDING
BENGALURU 560001.
... RESPONDENTS
(BY SRI SRIDHAR N HEGDE, HCGP FOR R2;
SRI P S MALIPATIL, ADVOCATE FOR R1)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE RECRUITMENT NOTIFICATION DTD.28.12.2012 VIDE
ORDER ISSUED BY THE R-1 AT ANNEX-E AND ETC.
IN W. P. NO.13016/2016 &
W. P. NOs. 33004-33012/2016
BETWEEN
1. SMT. SUNLEENA
AGED ABOUT 31 YEARS
W/O SRI VIMAL JOHNSON
WORKING AS STAFF NURSE
VANI VILAS HOSPITAL
BANGALORE-560002.
2. SMT. R RAMANI
AGED ABOUT 43 YEARS
D/O SRI B NANDAKUMAR
WORKING AS STAFF NURSE
VANI VILAS HOSPITAL
BANGALORE-560002.
3. SMT. PRATHIBHA M
W/O SRI MANJUNATHA
AGED ABOUT 28 YEARS
WORKING AS STAFF NURSE
VANI VILAS HOSPITAL
BANGALORE-560002.
-34-
4. SMT. SHOBHA M. N.
W/O SRI RAMESH K S
AGED ABOUT 30 YEARS
WORKING AS STAFF NURSE
VANI VILAS HOSPITAL
BANGALORE-560002.
5. SMT. AMBIKA M. R.
W/O SRI SHIVAKUMAR V
AGED ABOUT 32 YEARS
WORKING AS STAFF NURSE
VANI VILAS HOSPITAL
BANGALORE-560002.
6. SRI. SREEDHAR KHANAPUR
S/O SRI VIRUPAKSHAPPA
AGED ABOUT 37 YEARS
WORKING AS STAFF NURSE
VANI VILAS HOSPITAL
BANGALORE-560002.
7. SRI. PRASANNA KUMAR
S/O SRI SHIVAMALLA GOWDA
AGED ABOUT 42 YEARS
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BANGALORE-560002.
8. SRI. MURULI G
S/O SRI GOVINDAPPA
AGED ABOUT 27 YEARS
WORKING AS STAFF NURSE
VICTORIA HOSPITAL
BANGALORE-560002.
9. SRI. SURESH G. B
S/O SRI BHEEMAIAH
AGED ABOUT 32 YEARS
WORKING AS STAFF NURSE
-35-
VANI VILAS HOSPITAL
BANGALORE-560002.
10. SRI. SATHEESH NAYAK H
S/O SRI HANUMA NAYAK
AGED ABOUT 31 YEARS
WORKING AS STAFF NURSE
VANI VILAS HOSPITAL
BANGALORE-560002.
... PETITIONERS
(BY SRI A N GANGADHARAIAH, ADVOCATE)
AND
1. BENGALURU MEDICAL COLLEGE &
RESEARCH INSTITUTE
REP BY ITS DEAN AND DIRECTOR
BANGALORE-560002
2. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY TO GOVT.,
DEPARTMENT OF MEDICAL EDUCATION
M S BUILDING
BANGALORE-560001
... RESPONDENTS
(BY SRI P. S MALIPATIL, ADVOCATE FOR R1;
SRI SRIDHAR N HEGDE, HCGP FOR R2)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE RECRUITMENT NOTIFICATION DATED 28.12.2012 ISSUED
BY THE 1ST RESPONDENT AT ANNEXURE-J AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
-36-
COMMON ORDER
R. DEVDAS J., (ORAL):
The petitioners in these batch matters have raised common question of law and facts and the respondents are common. Though these matters are listed for "Hearing - Interlocutory Application", with the consent of the learned counsel on both sides, these maters are heard and disposed of by this common order.
2. The petitioners contended that they were appointed by the 2nd respondent-Bangalore Medical College & Research Institute, as stipendiary nurses for a block period of six months, during the year 2008-09. It is further contended by the petitioners that the 2nd respondent-Institution appointed the petitioners by giving one day break in services and extended the appointments of the petitioners from time to time. Incidentally, the petitioners were allotted quarters and there was no break in the allotment of the quarters. Therefore, it is contended that these facts would clearly demonstrate that the petitioners continued to serve in the -37- institution from the year 2008-09. Since, the appointment of the petitioners were not regularised, the petitioners and Association representing the petitioners made a representation to the respondents seeking regularisation of their services as staff nurses.
3. Learned counsel for the petitioners submits that the Principal Secretary of the Department of Health and Family Welfare, issued a communication to the 2nd respondent on 21.12.2012 that there shall not be any appointment in the 2nd respondent till a decision in this regard is taken at the government level. It is further submitted that contrary to the said communication/circular, the 2nd respondent called for recruitment of staff nurses without giving weightage and preference to the petitioners. The notification is dated 28.12.2012. It is also submitted that in the cases of nurses appointed on temporary basis like petitioners, in Karnataka Medical Sciences Institute, Vijayanagara and Hubli Medical Sciences of Institute, while recruitment notifications were issued, weightage and preference was given to all such -38- persons, who were working as nurses on stipendiary basis. Therefore, similar benefits were sought by the petitioners. In this regard, the petitioners approached this Court in W.P.Nos.3566-3589/2013. When the writ petitions were pending, the respondent-State Government issued a Government Order dated 14.03.2013, agreeing to regularize the services of stipendiary nurses. In the light of the said Government Order, the said writ petitions were withdrawn on 15.03.2013.
4. Learned counsel for the petitioners submits that inspite of the Government Order dated 14.03.2013, the 2nd respondent proceeded to go on with the recruitment process and the petitioners participated in the recruitment process. No weightage was given to the petitioners for their continued services with the 2nd respondent and in the list of eligible candidates for interview, names of the petitioners were not found. It is the contention of the petitioners that since, the Finance Department approved only 200 posts of staff nurses, though interview was conducted for 600 posts, the 2nd -39- respondent proceeded to appoint 200 staff nurses, as the Finance Department granted approval only for 200 posts. Subsequently, it is submitted that the Government Order dated 14.03.2013 was withdrawn by the State Government. It is the contention of the petitioners that more than 400 posts of staff nurses are still laying vacant in the 2nd respondent, even as on the date of the filing of these writ petitions. Thereafter, several representations were made by the petitioners, including the representations dated 03.08.2013/26.08.2013, requesting not to fill up the posts, without giving due weightage to the petitioners for the qualifying services put in by the petitioners.
5. It is the contention of the petitioner that their representations remain unconsidered by the respondents. During the course of these proceedings, the 2nd respondent herein filed two memos dated 09.07.2018 and 13.08.2018 stating that the requests of the petitioners have been placed before the State Government for consideration along with other Group 'C' posts. However, another memo dated -40- 11.01.2019 was filed by the 2nd respondent-institution, quite contrary to the earlier memos stating that the case of the petitioners, who were staff nurses in the institution has not been recommended. Therefore, this Court, by order dated 23.01.2019 directed the 2nd respondent herein to make appropriate amendment to the recommendation that was made to the 1st respondent-State Government while including the case of the staff nurses and thereafter send the proposal to the Government.
6. Today, the learned counsel for the 2nd respondent has filed a memo dated 25.02.2019 placing on record the recommendation dated 15.02.2019 made by the 2nd respondent to the 1st respondent-State Government, inter-alia stating the background and the direction issued by this Court on 23.01.2019 and recommended the case of the petitioners for inclusion of the staff nurses also along with other Group 'C' posts, for being considered while the Special Recruitment Rules are being framed by the respondent-State Government. In the light of the said recommendation, learned counsel for -41- the 2nd respondent submits that these petitions may disposed of, since the case of the petitioners would also be considered along with the others, as recommended by the 2nd respondent.
7. In the light of the above, this Court is of the opinion that these matters may be disposed of while fixing a time frame for the respondents to consider the representation made by the petitioners. In the light of the recommendation made by the 2nd respondent to the 1st respondent-State Government, the State Government shall consider the recommendation made by the 2nd respondent and pass orders within a period of three months from the date of receipt of the certified copy of this order.
8. Needless to observe that the services of the petitioners shall not be terminated since there is an interim order in favour of the petitioners protecting their services, till their representation and the recommendation of the 2nd respondent is considered by the 1st respondent-State Government.
-42-
9. At this stage, the learned counsel for the petitioners point out to the interim orders issued by this Court, reserving 102 posts of staff nurses for consideration of the case of the petitioners from out of the 600 posts that were to be filled by the 2nd respondent. It is submitted that the respondents may be directed to keep the 102 posts reserved as has been stated in the recommendation dated 15.02.2019 made by the 2nd respondent to the 1st respondent - State Government. It is further pointed out that there are 169 petitioners before this Court, and only 102 posts were directed to be kept vacant for filling up of the posts.
10. The interim orders directing the 2nd respondent to keep the 102 posts reserved for the petitioners, shall continue till the case of the petitioners are treated in terms of the directions given above. Even otherwise, further vacancies would have occurred and therefore the interest of other petitioners i.e., 67 of them who did not have the benefit of interim order shall also be considered by the 2nd respondent before they proceed to issue fresh notification. -43-
With the aforesaid observations, these writ petitions are disposed of.
SD/-
JUDGE DL