Karnataka High Court
Dr Udayakumar N vs The State Of Karnataka on 19 November, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 25166 OF 2024 (EDN-RES)
C/W
WRIT PETITION NO. 24865 OF 2024 (EDN-RES)
WRIT PETITION NO. 25507 OF 2024 (EDN-RES)
WRIT PETITION NO. 25518 OF 2024 (EDN-RES)
WRIT PETITION NO. 29475 OF 2024 (EDN-RES)
IN WP No. 25166/2024
BETWEEN:
1. DR. JAHNAVI M BRAHMESH
D/O M B BRAHMESH,
AGED ABOUT 31 YEARS,
WORKING AS GENERAL DUTY MEDICAL OFFICER,
PHC, MM HILLS, HANUR TALUK,
Digitally signed CHAMARAJA NAGARA-571490
by SHWETHA R/O NO.1788, SUBHASH NAGAR,
RAGHAVENDRA
Location: HIGH 7TH CROSS, 100 FT ROAD,
COURT OF MANDYA-571401
KARNATAKA
2. DR VIJETH I
S/O I S NAIK,
AGED ABOUT 38 YEARS,
WORKING AS GENERAL DUTY MEDICAL OFFICER,
PRIMARY HEALTH CENTRE KANASAWADI,
BENGALURU RURAL DISTRICT,
R/O 700 EWS, 707 CHS, 4TH PHASE,
YELAHANKA NEW TOWN,
BENGALURU-560064
3. DR THEJESH A
-2-
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
S/O ANANTHARAMU,
AGED ABOUT 32 YEARS,
WORKING AS GENERAL DUTY MEDICAL OFFICER,
PRIMARY HEALTH CENTRE,
NANDOLLI,
R/O NO.782,
BEGUR, SOUTH TALUK,
OPP TO CLASSIC LAYOUT,
BENGALURU-560068
4. DR SUSHANT M
S/O MR AMARESH M,
AGED ABOUT 32 YEARS,
WORKING AS SPECIALIST-PEDIATRICIAN,
AT COMMUNITY HEALTH CENTRE,
KAVITHAL,
SIRWAR TALUK, RAICHUR-584120
C/O HEMESH NO.115,
PHASE 1,
BAVISHA GARDENIA TRINITY BLOOM,
SOMPURA GATE, SARJAPUR ROAD,
KADAGRAHARA,
BENGALURU-562125
5. DR SYED ZUBAIR
S/O SYED NAYEEMUDDIN,
AGED ABOUT 30 YEARS,
WORKING AS GENERAL DUTY MEDICAL OFFICER,
AINAPUR PHC, CHINCHOLI TALUK,
R/O BISMILLAH NAGAR,
S G PALYA, BANGALORE-560029
6. DR VISHWANATH PATIL
S/O FAKEERAGOUDA PATIL,
C/O PAVAN KUMAR M,
AGED ABOUT 29 YEARS,
WORKING AS GDMO, SHIRAGOD,
HANGAL TALUK HAVERI DISTRICT,
R/O NO.1108,
TOWER 1, WING 2, 10TH FLOOR,
PRESTIGE ROYALE GARDENS,
AVALAHALLI, YELAHANKA,
BANGALORE-560064
7. DR GURUBASAPPA KADROLLI
-3-
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
S/O CHANABASAPPA,
AGED ABOUT 31 YEARS,
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTRE YADWAD,
GOKAK TALUK,
BELGAVI DISTRICT,
R/O FLAT 103,
SUNRISE APARTMENTS,
ROYAL ENCLAVE PHASE 2, SRIRAMPURA,
RACHENAHALLI, JAKKUR POST,
BENGALURU-560064
8. DR NARASAREDDY
S/O ARUN REDDY,
AGED ABOUT 31 YEARS,
WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC,
YAKKUNDI SAVADATTI TALUK,
BELAGAVI-59111
R/O NO.51/75,
20TH MAIN, 22ND CROSS,
MARENAHALLI MAIN ROAD,
VIJAYANAGAR, BANGALORE-560040
9. DR PRAMOD S SINDAGI
S/O SIDDHALINGAPPA SINDAGI,
AGED ABOUT 31 YEARS,
WORKING AS GENERAL DUTY MEDICAL OFFICER,
PRIMARY HEALTH CENTRE,
TALLUR, SAVADATTI TALUK,
BELAGAVI DISTRICT,
C/O GURURAJ NASALI, NO. 256,
3RD MAIN ROAD,
3RD CROSS ROAD,
J P NAGAR 3RD PHASE,
BANGALORE-560078
10. DR BHARATH S N
S/O NAGARAJAPPA S M
AGED ABOUT 32 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTRE SHIRAVANTHE
SAGAR TALUK
SHIVAMOGGA-577401
R/O NO.343, 1ST FLOOR,
5TH MAIN ROAD, 2ND BLOCK
-4-
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
3RD STAGE
BASAVESHWARANAGAR
BANGALORE-560079
11. DR RAVIL NEMATH K M
S/O NEMATH KM
AGED ABOUT 34 YEARS
WORKING AS GDMO AT KR PURAM,
BANGALORE,
R/O NO. 031, 3RD FLOOR,
GOLD OPUS APARTMENTS,
MILLERS ROAD EXTENSION,
MILLERS ROAD, BANGALORE-560046
12. DR ANIL C P
S/O PRABHAKAR CR
AGED ABOUT 30 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTER BASAVAPATTANA,
ARKALGUD TALUQ,
HASSAN DISTRICT
RESIDENT OF NAGARBHAVI 2ND STAGE,
MPM LAYOUT, BENGALURU 560085
13. DR SHARMILA H C
D/O CHANNAPPA H K
AGED ABOUT 32 YEARS
WORKING IN PHC SANKIGHATTA,
MAGADI TALUK,
RAMANAGARA AS GDMO,
R/O PRESTIGE JINDAL CITY,
TUMKUR MAIN ROAD,
MANJUNATH NAGARA,
BANGALORE-560073
14. DR SUJEET
S/O S M SOLANKI
AGED ABOUT 34 YEARS
WORKING AT GIMS DH HOSPITAL,
KALABURAGI,
R/O ANNAPURNA STUDIO LIVING APARTMENT
WILSON GARDEN,
BANGALORE -560027
15. DR FARZANA
-5-
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
D/O MOHEMOOD KHAN
AGED ABOUT 34 YEARS
WORKING IN GIMS,
DISTRICT HOSPITAL KALABURAGI,
R/O 4B, 4TH FLOOR 36 EAST AFUNDI BUILDING
5TH CROSS LBS NAGAR,
BANGALORE -560062
16. DR AMARESHA NAGARAL
S/O BHEEMARAY
GENERAL DUTY MEDICAL OFFICER (GDMO)
PHC SANGANAL, YELBURGA
KOPPAL -583236
C/O-NO.47, 2ND CROSS, 2ND MAIN ROAD,
MYSURU ROAD, BAPUJI NAGAR,
BENGALURU-560026.
17. DR PAVANKUMAR
S/O MANIKRAO
AGED ABOUT 31 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER PHC
MUDHOL,
YELBURGA TALUK,
KOPPAL -583236
R/O KALLUR POST,
HUMNABAD TALUK,
BIDAR DISTRICT 585330
18. DR YOGESH KAMBALE B
S/O LATE BALAPPA
AGED ABOUT 31 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTRE KERUR,
CHIKODI TALUK, BELAGAVI DISTRICT
R/O KARTHIK NILAY, PLOT NO. 28,
GOKAK MILL PLOT, RAMAPUR SITE SAUNDATTI,
BELAGAVI-591126
19. DR SHIVANAND S HADAKAR
S/O SIDDAPPA B HADAKAR
AGED ABOUT 30 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTER,
SANKARATTI-591220
ATHANI TALUK, BELGAUM
-6-
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
R/O SIDDAPPA HADAKAR KUDACH ROAD,
HARUGERI CROSS, RALBAG TALUK,
BELGAUM- 591220
20. DR SUNIL RATHOD
S/O POONAPPA
AGE ABOUT 30 YEARS,
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTRE,
KULAGERI CROSS,
R/O. HULLIKERI S.
GULEDGUDDA TALUK,
BAGALKOT DISTRICT- 587201
21. DR SAIYADBASHA M VADAGUANKAR
S/O MAHAMMADSAB B VADAGUANKAR,
AGED ABOUT 31 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER
PRIMARY HEALTH CENTRE GOTHE
JAMKHANDI TALUK, BAGALKOT
R/O NEAR POST COLONY, GANESH NAGAR,
HUNNUR, JAMKHANDI TALUK,
BAGALKOT-587119
22. DR TARAKESHWARI R
D/O RAMAKRISHNA B S
AGED ABOUT 38 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTRE,
JIGANEHALLI KADUR TATUK
CHIKMAGALUR DISTRICT
R/O SHIVAKRUPA,
30 FEST READ, PRABHAKAR LAVEUT,
CHINTAMANI 563125
23. DR VIKAS AND BERATIKERE
S/O SOMASHEKARAPPA M
AGED ABOUT 32 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER
PRIMARY HEALTH CENTRE KARAKUCHT
TARIKERE TALUK,
CHIKKAMAGALURU-577144
R/O NELE 126 WARD NO.8,
BEHIND RAJENDRA SAWMILL,
-7-
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
VENKATESHWARA NAGAR, KADUR,
CHIKKAMAGALURU-577548
24. DR MANJUNATHA P S
S/O SIDDESHWARAPPA P
AGED ABOUT 30 YEARS
WORKING AS GENERAL DUTY MEDICAL OMCER (GDMO)
PRIMARY HEALTH CENTRE,
THIMMANNA NAVAKANA KOTE,
CHALLAKERE TALUK,
CHITRADURGA-577522
R/O YAMMANAGATTA, BARAMASAGARA HOBLI,
CHITRADURGA-577819
25. DR MADHURI M
D/O MAHANTESH G Y
AGED ABOUT 31 YEARS
WORKING AS A GENERAL DUTY MEDICAL OFFICER,
PHC HARIYABBE
HIRIYUR TALUK, CHITRADURGA-577546
R/O MADHUVANA FARM HOUSE, GULYA,
HARLYABBE POST, HIRIYUR TALUK,
CHITRADURGA-577546
26. DR RANJITHA BELEGERE G R
D/O G RAJASHEKARALAH
WORKING AS GDMO AT PRIMARY HEALTH CENTER,
GULLALU, HIRIYUR TALUQ,
CHITRADURGA-572143,
R/O VEDAVATHI NAGAR, HIRIYUR,
CHITRADURGA-572143
27. DR ANUPAMA T P
D/O THIPPESWAMY N
AGE ABOUT 30 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTRE,
BELGALPETH,
R/O KURUMARADIKERE,
CHITRADURGA -577524
28. DR. PRIYA S
W/O DR. SELVAKUMAR,
AGE ABOUT 39 YEARS,
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO),
-8-
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
PRIMARY HEALTH CENTRE -PGPALYA,
HANNUR TALUK,
CHAMARAJANAGAR DISTRICT,
CENTRAL STREET LOKKANAHALLI,
HANNUR TALUK,
CHAMARAJANAGAR DISTRICT-571440
29. DR VARSHA PATIL R
AGED ABOUT 31 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER,
PRIMARY HEALTH CENTRE,
BELAHARA,
R/O MICHIGON COMPOUND
SAPTAPUR,
NAVALGUND TALUK, DHARWAD-582208
DHARWAD-580001
30. DR RENUKADEVI
D/O CHANNABASAPPA DEVARMANI
AGED ABOUT 31 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTRE, MANDEWAL TALUK,
JEWARGI DISTRICT, GULBARGA
R/O REVAI POST, ARANKAL,
KALGI TALUK, GULBARGA -585322
31. DR PRIYARANJAN
S/O GANESH RAO,
AGED ABOUT 31 YEARS,
POST GDMO, PHC KURKUNTA,
SEDAM TALUK, KALABURAGI-585210
R/O 3/6, 1ST MAIN ROAD,
KALGI TALUK, KALABURAGI-585312
32. DR LATA DEVENDRAPPA ANNIGERI
D/O SUMITRA D ANNIGERI
AGED ABOUT 32 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTER,
CHIKKOUNSHI HOSUR,
HANGAL TALUK, HAVERI DISTRICT
R/O KANASINA MANE, 4TH CROSS,
CHIKKOUNSHI HOSUR POST,
HANGAL TALUK, HAVERI -581104
-9-
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
33. DR ARUNKUMAR C MALLAKKANAVAR
S/O CHIKKANNA N MALLAKKANAVAR
AGE ABOUT 31 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTER,
HAKKANDI-583214,
HUVINA HADAGALI TALUK,
VIJAYANAGARA DISTRICT,
R/O NO. 227/B, MATRU SADANA,
TEACHERS COLONY,
MP PRAKASH NAGAR, HOSPET-583201
34. DR PAVAN CHIKKAJAVAREGOWDA
S/O SUBRAMANYA C
AGED ABOUT 32 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTRE MINYAM,
HANUR TALUK,
CHAMARAJANAGAR
R/O DARASAGUPPE, PANDAVAPURA,
R S POST, MANDYA -571435.
35. DR MAHADEVASWAMY CM
S/O MALLANNA
AGED ABOUT 30 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTRE GARGESHWARI,
T NARASIPURA TALUK,
MYSORE-571124
R/O CHAMANAHALLIHUNDI,
HAMPAPAURA HOBLI,
HD KOTE TALUK, MYSORE-571125
36. DR GIRISH M V
S/O VENKATACHALAPATHI R
AGED ABOUT 35 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTRE THAYURU,
NANJANGUD TALUK,
MYSORE-571301
R/O IPS SRINIVASAN NAGAR POLICE LAYOUT,
3RD STAGE, NEAR GOVT BOYS HOSTEL,
MYSORE - 570028
37. DR SHALAM PASHA
- 10 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
S/O HAJI MALANG
AGED ABOUT 38 YEARS
WORKING AS GDMO PRIMARY HEALTH CENTRE,
KALMALA, RAICHUR- 584136
R/O ASKIHAL BEHIND COLD STORAGE,
RAICHUR-584102
38. DR ERESHA M
S/O BHEEMAYYA
AGED ABOUT 30 YEARS
WORKING AS A GDMO PRIMARY HEALTH CENTER
GILLESUGURU, RAICHUR-584140
R/O NO. 39/4, KAUSTUBHA,
2ND CROSS LEFT SIDE, S G LAYOUT,
NEAR ADARSHA COLLEGE ROAD,
P C HALLI, KOLAR-563102
39. DR SIDDU
S/O VISWANADH
AGED ABOUT 30 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER GMDO
PRIMARY HEALTH CENTRE,
KHANDERAYANNAPALLI,
R/O BANNERGHATTA ROAD,
AREKERE COCONUT GARDEN
4TH MAIN, NIHARIKA NILAYA, 2ND FLOOR,
PAVAN GUDAGE,
BENGALURU-560076.
40. DR SRIDEVI M M
D/O MOHAN KS
GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTRE THYAGARTHI,
SAGAR TALUK 577431
R/O MARUTI NILAYA, 8TH CROSS,
CHALUKYANAGAR, SHIMOGA-577201
41. DR UMESH J
S/O JAYANNA
AGED ABOUT 30 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER,
PHC ULAGA, KARWAR TQ,
UTTARA KANNADA DIST-581301
R/O BASAVANAHALLI, YADALADAKU POST,
HULIKUNTE HOBIL, SIRA TALLUK,
- 11 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
TUMKUR DIST -572113
42. DR RAGHAVENDRA PRASAD VP
S/O PUTTARAJU VE
AGED ABOUT 30 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER GDMO,
PRIMARY HEALTH CENTRE BILIGERE,
TIPTUR, TUMKUR-572201
R/O KUMARA RAMA NILAYA,
NEAR BANKERS CLUB,
HANMANTPURA LINK ROAD,
VIDYANAGARA,
TUMKUR-572103
43. DR SONALI SOODA
D/O SUNIL SOODA
AGED ABOUT 31 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTRE, KONAR
R/O NO. 2-288, HERUR, 1
52 HEROOR, BRAHMAVARA,
UDUPI - 576213
44. DR SIDDANNA
D/O SHIVAPPA
AGED ABOUT 30 YEARS
PHC RODALBANDA,
WORKING AS A GDMO,
LINGASUGUR TALUK, RAICHUR-584122
R/O AMBIGERDODDI, GURGUNTA POST
LINGSUGUR TALUKA, RAICHUR- 584139
45. DR SACHIN PATNE
S/O RAJSHEKHAR PATNE
AGED ABOUT 30 YEARS,
WORKING AS GENERAL DUTY MEDICAL OFFICER,
PRIMARY HEALTH CENTRE, CHINTAKI TQ AURAD,
BIDAR-585326
R/O TEACHER COLONY MAIN ROAD
AURAD TQ, BIDAR-585326
46. DR SUMA S PATIL
D/O SHIVANAND
AGED ABOUT 32 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER
- 12 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
PHC DHANGAPUR, ALAND TALUK,
KALBURGI DISTRICT -585213
R/O NO.1/885/17, OLD JEWARGI ROAD,
VENKATESH NAGAR,
GULBARGA-585101
47. DR SACHIN HP
S/O PUTTASWAMY H D
AGED ABOUT 39 YEARS,
WORKING AS GDMO AT PHC SATHENAHALLI,
CHANNARAYAPATNA TALUK,
HASSAN-573111
R/O HOSAKOPPLU, DUDDA HOBLI,
SALAGAME,
HALEKOPPLU POST,
HASSAN- 573219
...PETITIONERS
(BY SRI. VIJAY KUMAR R.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
(MEDICAL EDUCATION)
VIKASA SOUDHA,
DR.AMBEDKAR VEEDHI,
BANGALORE-01,
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE COMMISSIONER
HEALTH AND FAMILY WELFARE SERVICES AROGYA
SOUDHA,
MAGADI ROAD,
BANGALORE-560023
3. DR. SRINATH P G
S/O GOPALAPPA
40 YEARS,
SWARNANILAYA, VAPASANDRA NORTH EAST
CHIKKABALLAPURA-562101
WORKING AT
CMO, GEN HOSPITAL DEVANAHALLI
BANGALORE RURAL DISTRICT-562110
TOTAL YEAR OF SERVICE:14
- 13 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
(AMENDED AS PER COURT ORDER DATED 14.11.24)
...RESPONDENTS
(BY SRI. SUDEV HEGDE, AGA FOR R1 & R2;
SRI. GIRISH KUMAR.R ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO IS FILED PRAYING
TO A) ISSUE AN APPROPRIATE WRIT OR ORDER STRIKING DOWN
SUB-RULE 2 OF RULE 3 AND SUB RULE (1) OF RULE 10 OF THE
KARNATAKA CONDUCT OF ENTRANCE TEST FOR SELECTION AND
ADMISSION TO POST GRADUATE MEDICAL AND DENTAL DEGREE
AND DIPLOMA COURSES (AMENDMENT) RULES, 2024, VIDE
NOTIFICATION NO. MED 95.RHU.2023 (ANN-A) DATED 13/06/2024
GAZETTED ON 28/06/2024, INSOFAR AS THEY EXCLUDE THE
PROBATIONARY PERIOD FROM THE ELIGIBILITY PERIOD OF THREE
YEARS OF REGULAR SERVICE FROM THE EXISTING SUB-RULE 2 OF
RULE 3 AND SUB RULE (1) OF RULE 10 OF THE KARNATAKA
CONDUCT OF ENTRANCE TEST FOR SELECTION AND ADMISSION TO
POST GRADUATE MEDICAL AND DENTAL DEGREE AND DIPLOMA
COURSES (AMENDMENT) RULES, 2006, AS DISCRIMINATORY,
UNREASONABLE, ARBITRARY, UNCONSTITUTIONAL, AND VOID, AND
ETC.
IN WP NO. 24865/2024
BETWEEN:
1. DR. SRINATH P G
S/O GOPALAPPA
40 YEARS, MALE
SWARNA NILAYA, VAPASANDRA NORTH EAST
CHIKKABALLAPUR 562101
WORKING AT
CMO, GEN HOSPITAL DEVANAHALLI.
BANGALORE RURAL DISTRICT 562110
TOTAL YEARS OF SERVICE 14 YEARS
2. DR POORNIMA. S.
D/O LATE SHIVA SHANGH
46 YRS, FEMALE
HEBBAL GUDDADAHALLI MAIN ROAD
BEHIND BALAJI MEDICAL STORE NO 42
R. T. NAGAR POST BANGALORE 560032
WORKING AT
- 14 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
PHC TUBAGERE DODDABALAPURA TALUK
BANGALORE RURAL DISTRICT 561205
TOTAL YEAR OF SERVICE 15YEARS 8 MONTHS
3. DR KAVITHA K
41 YRS, FEMALE
NO. 1-1632
ANJANI EXTENSION
CHINTAMANI 563125
WORKING AT
PHC CHINNASANDRA
CHINTAMANI TALUK
CHIKKABALLAPUR DISTRICT 563125
YEARS OF SERVICE - 15 YRS
4. DR RAKESH KUMAR G NAIK
S/O GOVIND NAIK
33 YRS, MALE
499 SINGANODI, SINGANODI TANDA POST
RAICHUR TALUKA,
RAICHUR DISTRICT
PIN CODE 584102
WORKING AT
PHC GANADHAL, TQ RAICHUR,
DIST RAICHUR. PIN584140
TOTAL YEAR OF SERVICE 05 YEARS 5 MONTHS
5. DR SUNIL KUMAR M.L.
S/O LAKSHMINARAYANA
43 YRS, MALE
H NO 116 KARANJI
2ND CROSS BEHIND LIC BUILDING.
BANDI GOWDA LAYOUT.
MANDYA 571401
WORKING AT
PHC K HONNALAGERE
MADDUR TALUK
MANDYA- 571433
TOTAL YEARS OF SERVICE 14 YEARS.
6. DR SHIVARAJ M
S/O M VEERAPPA
32 YRS, MALE
6/11 WARD TEACHERS COLONY
BANDIHALLI ROAD HAGARIBOMMANAHALLI,
- 15 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
HAGARIBOMMANAHALLI TALUK
VIJAYANAGARA DISTRICT -583212
WORKING AT
PHC B G HALLI,
HAGARIBOMMANAHALLI TALUK,
VIJAYANAGARA DISTRICT -583212
TOTAL YEAR OF SERVICE 06 YEARS
7. DR BASAVESH B.M
S/O MOKSHARAJU
32 YEARS, MALE
BASAVA BHAGIRATHI NILAYA
LAKAHMISHA NAGAR, 3RD CROSS, KADUR
CHIKMAGALUR (D)
PIN CODE 577548
WORKING AT
PRIMARY HEALTH CENTRE
SAVALANGA
NYAMATI (T)
DAVANGERE (D)
PIN CODE 577 225
TOTAL YEARS OF SERVICE - 6 YEARS
8. DR HARSHAVARDHINI B S
W/O K.J. GIRIPRASAD
33 YEARS, FEMALE
NO. 468/492, 11TH CROSS,
GIRINAGAR 2ND STAGE,
WORKING AT
BSK 3RD STAGE, BANGALORE -560085
PRIMARY HEALTH CENTRE
MARENAHALLI,
K.R. PETE TALUK,
MANDYA 571436
TOTAL YEAR OF SERVICE 6 YEARS. 0 MONTHS
9. DR LOKESH
S/O KASHINATH
34YRS, MALE
R/O1/86, DHANNURA (R),
BASAVA KALYAN TALUQ,
BIDAR DISTRICT PIN 585329
WORKING AT
PHC MEHAKAR, BHALKI TQ,
BIDAR DISTRICT, PIN 585416
- 16 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
TOTAL YEAR OF SERVICE6
10. DR DEEPAK KUMAR R
S/O DEVAJI RATHOD
34 YRS, MALE
CHANDANKERA, TQ CHINC
HOLI DIST.
KALABURAGI, PIN585313
WORKING AT PHC MANGALGI,
TQ CHITTAPUR, PIN585312
TOTAL YEAR OF SERVICE 06 YEARS
11. DR SALEHA FATIMA.
D/O MD YOUNUS KHAN.
39 YRS. FEMALE.
PLOT NO82. BGD,
GDA LAYOUT SANGTRASHWADI.
KALABURAGI.585103.
WORKING AT GIMS HOSPITAL
KALBURAGI-585103.
TOTAL YEAR OF SERVICE 6 YRS.
12. DR MAMATHA H K
D/O KRISHNAPPA H T
33 YRS, FEMALE
SUVARNA NAGARA, DODDABIDARAKALLU,
NAGASANDRA POST,
BANGALORE NORTH TALUK,
BANGALORE URBAN DISTRICT,
PIN 560073
WORKING AT
PHC MAKALI,
BANGALORE NORTH TALUK
BANGALORE URBAN DISTRICT PIN- 562162
TOTAL YEAR OF SERVICE 6 YEARS
13. DR GURURAJ GOURI
S/O BASAWARAJ GOURI
38 YEARS. MALE
C/O BASAVARAJ GOURI
AT POST- AMEERABAD WADI
#64 DAKULGI
TQ-HUMNABAD DIST BIDAR 585313
WORKING AT
PHC KANJI
- 17 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
VILLAGE KANJI TQ -BHALKI DIST-BIDAR 585313
SERVICE 8 YRS 8 MONTHS
14. DR RATNA M
D/O MANOHAR RATHOD
34 YEARS, FEMALE
MATA MANIKESHWARI NAGAR YADGIR
WORKING AT
PHC CHATNALLI
SHAHAPUR, YADGIR
PIN 585223
TOTAL YEAR OF SERVICE 06 YEARS
15. DR AKKAMAHADEVI B
D/O VITHALRAO HUGAR,
43 YR, FEMALE,
GADDE NIVAS,
BEHIND MURARJI BOYS HOSTEL,
BANDAVAR OONE, BANGLA ROAD, BASVAKALYAN,
BIDAR DISTRICT PIN CODE 585327.
WORKING PHC MUDBI,
TQ BASAVAKALYAN,
DT BIDAR PIN CODE 585327.
TOTAL YEAR OF SERVICE 6 YEARS.
16. DR ARUN G
D/O KOTRESHI G,
32 YRS, MALE,
1ST CROSS BASAVESHWARA BADAVANE,
HOSPTET, VIJAYANAGAR DIST PIN 583201.
WORKING AT,
PHC RAMASAGARA, KAMPLI TALUK,
BALLARY PIN 583132.
TOTAL YEAR OF SERVICE 6 YEARS.
17. DR CHITRA R
D/O M RAMAMOORTHY,
33 YRS, FEMALE,
NO. 551 7TH CROSS SUBHASNAGAR
ROBERTSONPET KGF,
KOLAR DISTRICT PIN 563122.
WORKING AT,
PHC BYRAKUR,
MULBAGAL TALUK KOLAR DISTRICT,
PIN CODE 563131
- 18 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
TOTAL YEAR OF SERVICE 6 YEARS.
18. DR SYEDA BUTOOL FATIMA
D/O SYED HAFEEZUDDIN QUADRI,
34 YEARS, FEMALE,
MANIYAAR TALEEM PATHAN GALLI H NO. 6-2-110,
TQ DIST BIDAR, PIN 585401.
WORKING AT,
PHC MALEGAON, MALEGAON VILLAGE,
TQ DIST BIDAR PIN 585403.
TOTAL YEARS OF SERVICE 6
19. DR SATHYANARAYANA REDDY C N
S/O KRISHNA REDDY CN,
41 YRS MALE,
21ST WARD.
BEHIND COURT COMPLEX,
BAGEPALLY TOWN,
CHIKKABALLAPUR DT,
PIN CODE 561207.
WORKING AT,
TALUQ HEALTH OFFICE,
BAGEPALLY TALUK,
CHIKKBALLAPUR DIST,
PIN CODE - 561207
20. DR SHANMUGAM M
S/O MUNIRATHANAIAH T G,
39 YEARS, MALE,
3375, NEAR DECCAN HOSPITAL,
FIRS CROSS, ASWINI EXTENSION,
CHINTAMANI 563125,
CHIKBALLAPUR DISTRICT,
WORKING AT,
PHC YHUNASENHALLI,
SHIDLAGHATTA TALUK,
CHIKBALLAPUR DISTRICT-562105.
TOTAL YEARS OF SERVICE 8 YEARS 8 MONTHS.
21. DR PATHI LAKSHMI DIVYA
D/O PATHI BS NAGESWARA RAO,
33 YRS, FEMALE,
2ND CROSS, THYAGARAJA COLONY,
MULBAGAL 563131.
WORKING AT,
PHC AGARAM,
- 19 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
MULBAGAL TALUK,
KOLAR DISTRICT - 563138.
TOTAL YEARS OF SERVICE 6 YEARS.
22. DR AISHWARYA A C
D/O K CHIKKAPPA,
33 YRS, FEMALE,
W/O DR GONESH N MEVUNDI,
LIFE CARE HOSPITAL, OPP JA COLLEGE,
NEAR CANARA BANK,
MUNDARGI (TQ)
GADAG (DT)
PIN CODE 582118.
WORKING AT,
PHC HAMMIGI,
MUNDARGI (TQ)
GADAG (DT)
PIN CODE 582118
TOTAL YEARS OF SERVICE 5 YEARS. 5 MONTHS.
23. DR KAVITHA K R
D/O REDDAPPA K N,
33YRS FEMALE,
AMBEDKAR PALYA MAIN ROAD,
SRINIVASPUR TOWN TQ - 563135.
WORKING AT,
PHC ADDAGAL, SRINIVASPUR TALUK,
KOLAR DISTRICT - 573161.
TOTAL YEARS OF SERVICE 6 YEARS.
24. SAMBRAM B
S/O B N BRAMHARAJU,
31 YRS, MALE,
S/O B N BRAMHARAJU, HOSAKERE POST,
MIDIGESHI HOBLI, MADHUGIRI TALUK,
TUMKUR DISTRICT PIN 571132,
WORKING AT,
PRIMARY HEALTH CENTRE BADAVANAHALLI,
MADHUGIRI TALUK, TUMKUR DISTRICT.
PINCODE 572112.
TOTAL YEARS OF SERVICE 5 YEARS. 6 MONTHS.
25. DR SYED RAZIULLA QADRI
S/O SYED ZAFERULLA QADRI,
45 YRS, MALE
- 20 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
R/O NO. 992/65,
FATIMA HOSPITAL BESIDE AYESHA MASJID,
TIPU CHOWK RING ROAD
KALABURGAI 585211.
WORKING AT PHC DANDOTI,
TQ CHITTAPUR DIST KALABURAGI,
PIN CODE 585211.
TOTAL YEARS OF SERVICE 12 YEARS.5 MONTHS
26. DR MUKASHAF NIKHAR
D/O ALEEM AHMED,
31 YEARS, FEMALE,
H NO. 5-993/21/5/31,
AHMED NAGAR RING ROAD,
KALABURAGI 585104
WORKING AT,
PHC KALHANGARGA,
KALABURAGI DIST TQ,
TOTAL YEARS OF SERVICE 6 YEARS. MONTHS.
...PETITIONERS
(BY SRI. GIRISHKUMAR R.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
VIKASA SOUDHA,
BENGALURU - 560 001.
2. COMMISSIONERATE OF HEALTH AND
FAMILY WELFARE SERVICES
GOVERNMENT OF KARNATAKA,
REP BY ITS COMMISSIONER,
HAVING OFFICE AT,
AROGYA SOUDHA,
MAGADI ROAD
BENGALURU-560023
3 THE DIRECTORATE OF MEDICAL EDUCATION
REP BY ITS DIRECTOR
HAVING OFFICE AT
ANANDARAO CIRCLE
BANGALORE-560009
- 21 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
4. DR. PRAMOD S. SINDAGI
S/O SIDDALINGAPPA SINDAGI
AGED ABOUT 31 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER
PRIMARY HEALTH CENTRE,
TALLEER, SAVEALENTI TALUK
BELAGAVI DISTRICT
C/O GURURAJ
NO. 256, 3RD MAIN
3RD CROSS, JP NAGAR,
3RD PHASE, BANGALORE.
5. DR MAHADEVASWAMY CM
S/O MALLANNA
AGED ABOUT 30 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTRE GARGESHWARI,
T NARASIPURA TALUK,
MYSORE-571124
R/O CHAMANAHALLIHUNDI,
HAMPAPAURA HOBLI,
HD KOTE TALUK, MYSORE-571125
6. DR RAVIL NEMATH K M
S/O NEMATH KM
AGED ABOUT 34 YEARS
WORKING AS GDMO AT KR PURAM,
BANGALORE,
R/O NO. 031, 3RD FLOOR,
GOLD OPUS APARTMENTS,
MILLERS ROAD EXTENSION,
MILLERS ROAD, BANGALORE-560046
(R4 TO R6 AMENDED AS PER ORDER DATED 11.11.2024)
...RESPONDENTS
(BY SRI. SUDEV HEGDE, AGA FOR R1 & R2;
SRI. GIRISH KUMAR.R ADVOCATE FOR R4- R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
OR ORDER IN THE NATURE OF CERTIORARI OR SUCH ORDER
THIS HON'BLE COURT MAY DEEM FIT TO QUASH IMPUGNED
COMMUNICATION DTD 23.08.2024 VIDE NO. BEC/IPG/09/2024-
25(E -1477082) ISSUED BY THE R-2 IN OS FAR AS UN
- 22 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
NUMBERED PARAGRAPH PRODUCED AT ANNX-A AND ETC.
IN WP NO. 25507/2024
BETWEEN:
1. DR UDAYAKUMAR N
AGED ABOUT 43 YEARS
S/O N REVANASIDDAPPA
WORKING AS GDMO IN PHC, SUNAKALBIDARI,
RANEBENNUR TALUK,
HAVERI - 581115
R/O ANUGRAHA
CHOUKISALAMTH,
SHIRALAKOPPA SHIKARIPURA TALUK
SHIVAMOGGA - 577428
2. DR KAVYASHREE
AGED ABOTU 30 YEARS
W/O CHANDRAKANTH SARAF
WORKING AS GDMO IN PHC, SHIRVAL,
SHAHAPUR TALUK,
YADGIR DISTRICT
R/O NO E /79, 8TH A CROSS SHIVAPUR
BEHIND NTTF, PEENYA SMALL INDUSTRIES
PEENYA BANGALORE - 560058
...PETITIONERS
(BY SRI. VIJAY KUMAR R.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND FAMILY
WELFARE (MEDICAL EDUCATION )
VIKASA SOUDHA,
DR AMBEDKAR VEEDHI
BANGALORE - 560001
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE COMMISSIONER
HEALTH AND FAMILY WELFARE SERVICES
AROGYA SOUDHA,
MAGADI ROAD,
BANGALORE - 560023
- 23 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
3. DIRECTOR
DEPARTMENT OF MEDICAL EDUCATION
ANAND RAO CIRCLE,
BENGALURU - 560009
4. DR. SRINATH P.G.
S/O GOPALAPPA
AGED ABOUT 40 YEARS, MALE
SWARNANILAYA, VAPASANDRA NORTH EAST
CHIKKABALLAPURA-562101
WORKINT AT
CMO, GEN HOSPITAL DEVANAHALLI,
BANGALORE RURAL DISTRICT-562110
TOTAL YEARS OF SERVICE-14 YEARS
(AMENDED AS PER COURT ORDER
DATED 11.11.2024)
...RESPONDENTS
(BY SRI. SUDEV HEGDE, AGA FOR R1 & R3;
SRI. GIRISH KUMAR.R ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN
APPROPRIATE WRIT OR ORDER STRIKING DOWN SUB-RULE 2 OF
RULE 3 AND SUB RULE (1) OF RULE 10 OF THE KARNATAKA
CONDUCT OF ENTRANCE TEST FOR SELECTION AND ADMISSION
TO POST GRADUATE MEDICAL AND DENTAL DEGREE AND
DIPLOMA COURSES (AMENDMENT) RULES, 2024 VIDE
NOTIFICATION NO.MED.95.RGU.2023 DTD. 13.06.2024
(ANNEXURE-A) GAZETTED ON 28.06.2024 INSOFAR AS THEY
EXCULDE THE PROBATIONARY PERIOD FROM THE ELIGIBILITY
PERIOD OF THREE YEARS OF REGULAR SERVICE FROM THE
EXISTING SUB-RULE 2 OF RULE 3 AND SUB RULE (1) OF RULE
10 OF THE KARNATAKA CONDUCT OF ENTRANCE TEST FOR
SELECTION AND ADMISSION TO POST GRADUATE MEDICAL AND
DENTAL DEGREE AND DIPLOMA COURSES (AMENDMENT) RULES,
2006, AS DISCRIMINATORY, UNREASONABLE, ARBITRARY,
UNCONSTITUTIONAL AND VOID AND ETC.
IN WP NO. 25518/2024
BETWEEN:
1. DR AMITH M N
S/O M B NARAPPA
- 24 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
AGED ABOUT 30 YEARS,
WORKING AS INSURANCE MEDICAL OFFICER
ESI HOSPITAL, NITTUVALLI,
DAVANGERE - 577002
S/O M B NARAPPA
JAGALUR ROAD
YELEBETHUR (VILLAGE AND POST)
DAVANAGERE - 577002.
2. DR MOHAMED FARIUDDIN AHAMED
S/O JAVEED AHAMED
AGED ABOUT 32 YEARS.
WORKING AS INSURANCE MEDICAL OFFICER,
ESI HOSPITAL, NITTUVALLI,
DAVANGERE - 577002,
R/O JAVEED AHAMED, ADVOCATE,
BESIDE MASJID BADAMAKAN AREA
CHITRADURGA-577501
3. DR. DIVYA H M
W/O SANDEEP KUBSAD,
AGED ABOUT 40 YEARS,
WORKING AS INSURANCE MEDICAL OFFICER,
ESI DISPENSARY,
MPM, BHADRAVATHI 577301
R/O PRABHU CLINIC
NMC MAIN ROAD
HOSAMANE BHADRAVATHI 577 301
SHIMOGA 577 301
4. DR KUSUMA B S
W/O DR SRIDHAR M,
AGED ABOUT 30 YEARS,
WORKING AS INSURANCE MEDICAL OFFICER,
ESI DISPENSARY BH ROAD,
SHIMOGA-577201,
R/O NO. 605, SANGAM DOCTORS QUARTERS,
NEAR IMA HOUSE
SIMS CAMPUS, SHIMOGA-577201
5. DR SOMASHEKARA S P
S/O LATE PANDURANGAIAH,
AGE ABOUT 33 YEARS,
WORKING AS INSURANCE MEDICAL OFFICER,
ESI DISPENSARY,
- 25 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
MYSURU SOUTH
MYSURU-57002,
R/O NO.512, BEHIND GOVT HOSPITAL,
KENKERE, GANDASI HOBLI,
ARASIKERE TALUK,
HASSAN 573119
6. RAKESHA K
S/O R. KRISHNAYYA
AGED ABOUT 41 YEARS,
WORKING AS ESI HOSPITAL,
NITUVALLI,
DAVANGERE-577004
R/O SIDDESHWARA NILAYA,
NEAR BASAVANNA TEMPLE,
ALKOLA ROAD, SAGARA ROAD
SHIMOGGA-577201
7. DR POORNA BINDU M B
W/O CHANDAN R,
AGED ABOUT 32 YEARS,
WORKING AS INSURANCE MEDICAL OFFICER,
ESI HOSPITAL MYSORE,
MYSORE 570020,
R/O NO.263, POOJITH NILAYA, 5TH CROSS
KSFC LAYOUT, MANASI NAGAR,
MYSORE - 570019
8. DR SHRUTHI M S
W/O MANOHAR U,
AGED ABOUT 31 YEARS,
WORKING AS INSURANCE MEDICAL OFFICER,
ESI HOSPITAL, MYSORE,
MYSORE 570020,
R/O NO.237, PRAKRUTHI LAYOUT,
T.NARASIPURA ROAD,
MYSORE - 570028
9. AMRUTHA P
W/O SHANMUKHA R,
AGED ABOUT 36 YEARS,
WORKING AS INSURANCE MEDICAL OFFICER,
ESI DISPENSARY, CHITRADURGA-577501,
RESIDENCE NO.276, 6TH CROSS, 2ND STAGE,
DEVALAGIRI BADAVANE,
- 26 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
CHITRADURGA -577501
10. DR PRASHANTH KUMAR M
S/O MUNIRATHNAIAH SHETTY N,
AGED ABOUT 30 YEARS,
WORKING AS INSURANCE MEDICAL OFFICER,
ESI DISPENSARY, KOLAR, KOLAR- 563101
R/O SREE SAANIDHYA,
SRI LAKSHMI VENKATESHWARA NILAYA,
2ND CROSS LEFT, SG LAYOUT,
KOLAR-563101
11. DR MAHESH M GUDIMANI
S/O MAHADEVAPPA GUDIMANI,
AGED ABOUT 31 YEARS
WORKING AS INSURANCE MEDICAL OFFICER,
ESI HOSPITAL, KARWAR ROAD, HUBLI-580024,
R/O NO.266, GODKE PLOT,
8TH CROSS, ANAND NAGAR,
OLD HUBLI, HUBLI-580024
...PETITIONERS
(BY SRI. VIJAY KUMAR R.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
(MEDICAL EDUCATION)
VIKASA SOUDHA,
DR.AMBEDKAR VEEDHI
BANGALORE-01,
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE PRINICPAL SECRETARY
DEPARTMENT OF LABOUR
NO. 414, 4TH FLOOR, VIKASA SOUDHA
DR. B.R. AMBEDKAR VEEDHI,
BANGALORE-01
3. DIRECTOR,
DIRECTORATE OF MEDICAL EDUCATION
BMC & RI OLD BUILDING, FORT,
K.R. ROAD, BANGALORE-560002.
4. THE DIRECTOR
- 27 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
ESIS MEDICAL SERVICE
S. NIJALINGAPPA ROAD,
RAJAJINAGAR, BANGALORE-560010.
(VIDE ORDER DATED 19.09.2024 CAUSE
TITLE AMENDED BY DELETING R2 & R3 AND
REPLACE BY NEWLY IMPLEDED R2, R3 AND R4)
...RESPONDENTS
(BY SRI. SUDEV HEGDE., AGA FOR R1 TO R3;
SRI. GIRISH KUMAR.R., ADVOCATE
PROPOSED FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN
APPROPRIATE WRIT OR ORDER STRIKING DOWN SUB-RULE 2 OF
RULE 3 AND SUB RULE (1) OF RULE 10 OF THE KARNATAKA
CONDUCT OF ENTRANCE TEST FOR SELECTION AND ADMISSION
TO POST GRADUATE MEDICAL AND DENTAL DEGREE AND
DIPLOMA COURSES (AMENDMENT) RULES, 2024 VIDE
NOTIFICATION NO.MED.95.RGU.2023 DTD. 13.06.2024
GAZETTED ON 28.06.2024 INSOFAR AS THEY EXCULDE THE
PROBATIONARY PERIOD FROM THE ELIGIBILITY PERIOD OF
THREE YEARS OF REGULAR SERVICE FROM THE EXISTING SUB-
RULE 2 OF RULE 3 AND SUB RULE (1) OF RULE 10 OF THE
KARNATAKA CONDUCT OF ENTRANCE TEST FOR SELECTION AND
ADMISSION TO POST GRADUATE MEDICAL AND DENTAL DEGREE
AND DIPLOMA COURSES (AMENDMENT) RULES, 2006, AS
DISCRIMINATORY, UNREASONABLE, ARBITRARY,
UNCONSTITUTIONAL AND VOID AND ETC.
IN WP NO. 29475/2024
BETWEEN:
DR CHAITRAPRABHA N NAYAK
W/O DR PRASANNA NAYAK
38 YEARS, FEMALE
R/AT NO. 687,
17TH A CROSS, 26TH MAIN
6TH PHASE, JP NAGAR
BANGALORE 560 078
WORKING AT
PRIMARY HEALTH CENTRE, KATGAL
UTTARA KANNADA DISTRICT 581362
- 28 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
TOTAL YEARS OF SERVICE 8 YEARS
...PETITIONER
(BY SRI. GIRISHKUMAR R.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECERETARY
DEPARTMENT OF MEDICAL EDUCATION
VIKASA SOUDHA
BENGALURU 560 001
2. COMMISSIONERATE OF HEALTH AND
FAMILY WELFARE SERVICES
GOVERNMENT OF KARNATAKA
REP BY ITS COMMISSIONER
HAVING OFFICE AT
AROGYA SOUDHA
MAGADI ROAD
BENGALURU 560 023
3. THE DIRECTORATE OF MEDICAL EDUCATION
REP BY ITS DIRECTOR
HAVING OFFICE AT
BANGALORE MEDICAL COLLEGE CAMPUS
BANGALORE 560 002
4. DR RAVIL NEMATH K M
S/O NEMATH KM
AGED ABOUT 34 YEARS
WORKING AS GDMO AT KR PURAM,
BANGALORE,
R/O NO. 031, 3RD FLOOR,
GOLD OPUS APARTMENTS,
MILLERS ROAD EXTENSION,
MILLERS ROAD, BANGALORE-560046
5. DR TARAKESHWARI R
D/O RAMAKRISHNA B S
AGED ABOUT 38 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTRE,
JIGANEHALLI KADUR TATUK
CHIKMAGALUR DISTRICT
R/O SHIVAKRUPA,
- 29 -
NC: 2024:KHC:46909
WP No. 25166 of 2024
C/W WP No. 24865 of 2024
WP No. 25507 of 2024
AND 2 OTHERS
30 FEST READ, PRABHAKAR LAVEUT,
CHINTAMANI 563125
6. DR MAHADEVASWAMY CM
S/O MALLANNA
AGED ABOUT 30 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTRE GARGESHWARI,
T NARASIPURA TALUK,
MYSORE-571124
R/O CHAMANAHALLIHUNDI,
HAMPAPAURA HOBLI,
HD KOTE TALUK, MYSORE-571125
(RESPONDENTS 4 TO 6 AMENDED AS
PER ORDR DATED 11.11.2024)
...RESPONDENTS
(BY SRI. SUDEV HEGDE., AGA FOR R1 TO R3;
SRI. VIJAY KUMAR., ADVOCATE FOR R4 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OR ORDER IN THE NATURE OF CERTIORARI OR SUCH
ORDER THIS HON'BLE COURT MAY DEEM FIT TO QUASH
EXECUTIVE ORDER VIDE NO. MED 126 RGU 2024 DATED
25/10/2024 MADE BY THE R-1 PRODUCED AT ANNEXURE-A AND
ETC.
THESE WRIT PETITIONS, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The Petitioners in W.P.No.25166/2024 are before this Court seeking for the following reliefs:
a. Issue an appropriate writ or order striking down sub-rule 2 of Rule 3 and Sub Rule (1) of Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical
- 30 -
NC: 2024:KHC:46909 WP No. 25166 of 2024 C/W WP No. 24865 of 2024 WP No. 25507 of 2024 AND 2 OTHERS and Dental Degree and Diploma Courses (Amendment) Rules, 2024, vide Notification No.MED 95.RGU.2023 dated 13-06-2024 Gazetted on 28- 06-2024, insofar as they exclude the probationary period from the eligibility period of Three years of Regular Service from the existing Sub-Rule 2 of Rule 3 and Sub Rule (1) of Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2006, as discriminatory, unreasonable, arbitrary, unconstitutional, and void, and b. Issue an appropriate writ or order striking down Sub Rule (1) of Rule 11 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2024 insofar as it inserts the words "department-wise reservation of seats shall not be permitted" into the existing Sub Rule (1) of Rule 11 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses 2006, Rules, (Amendment) as discriminatory, unreasonable, arbitrary, unconstitutional, and void, and c. Issue a declaration that the Petitioners are eligible for the Inservice Quota in terms of the existing Sub-Rule 2 of Rule 3 and Sub Rule (1) of Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2006, as the Petitioners have completed three years of regular service including probationary period, and d. To hold and declare that the words in bracket "(as on 31st March in which the Entrance Test is held)" in Rule 10 (1) of the Rules 2024, is rendered redundant and unenforceable in view of the postponement of the NEET-PG Entrance Test by the National Board of Examination to 11-08-2024 and
- 31 -
NC: 2024:KHC:46909 WP No. 25166 of 2024 C/W WP No. 24865 of 2024 WP No. 25507 of 2024 AND 2 OTHERS fixing the cut off date for purpose of Eligibility as 15-8-2024, e. To hold and declare that the words "as on 31st March in the year in which the Entrance Test is held" in Rule 3 (2) of the PGET Rules 2024, are rendered redundant and unenforceable in view of the postponement of the NEET-PG Entrance Test by the National Board of Examination to 11-08- 2024 and fixing the cut off date for the purpose of Eligibility as 15-8-2024, and consequently the Respondent fixing their cut off date as 31-07- 2024, and f. Issue a declaration that the Petitioners are eligible for the Inservice Quota as the Petitioners have completed three years of regular service including probationary period, in view of the cut off date for determining their eligibility having been changed by the Respondent No.2 to 31-07- 2024 in terms of the Notification No.BAC/APG/03/2023-24 (E-1402468) dated 12- 07-2024 and g. In the alternative for this Hon'ble Court to declare 15-08-2024 be the last date for computing the 3 years of regular service for the Inservice candidate for the PG academic year 2024-05 due to the National Board of Examination fixing the cut off date for purpose of Eligibility as 15-8-2024 vide its Notice dated 09-01-2024, and;
h. Such other writs or orders as this Hon'ble Court deems fit in the circumstances of the case
2. The Petitioners in W.P.No.24865/2024 are before this Court seeking for the following reliefs:
a. Issue writ or order in the nature of certiorari or such order this Hon'ble Court may deem fit to quash impugned Communication dated 23.08.2024 vide No. BEC/IPG/09-2024-25 (E-1477082) issued by
- 32 -
NC: 2024:KHC:46909 WP No. 25166 of 2024 C/W WP No. 24865 of 2024 WP No. 25507 of 2024 AND 2 OTHERS the R2 insofar as unnumbered paragraph produced at Annexure-A b. To direct the Respondents to adhere to Regulations contemplated under the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses 2024 Rules (Annexure-B2) particularly Amended Rule 3 and 10 and thereby not to extend the cutoff date of service period as on 31.03.2024 for consideration under in-service quota and also to consider only those candidates who has completed 3 years of Service after completion of probationary period under in service quota.
c. Grant such other relief as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice and equity.
d. Issue writ or order in the nature of certiorari or such order this Hon'ble Court may deem fit to quash Executive Order vide no. MED 126 RGU 2024 dated 05.10.2024 made by the 1st Respondent produced at Annexure-Fs
3. The Petitioners in W.P.No.25507/2024 are before this Court seeking for the following reliefs:
a. Issue an appropriate writ or order striking down Sub-Rule 2 of Rule 3 and Sub Rule (1) of Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2024, vide Notification No.MED 95.RGU.2023 dated 13-06-2024 (Annexure-A) Gazetted Mon 28- 06-2024, insofar as they exclude the probationary period from the eligibility period of Three years of Regular Service from the existing Sub-Rule 2 of Rule 3 and Sub Rule (1) of Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma
- 33 -
NC: 2024:KHC:46909 WP No. 25166 of 2024 C/W WP No. 24865 of 2024 WP No. 25507 of 2024 AND 2 OTHERS Courses (Amendment) Rules, 2006, as discriminatory, unreasonable, arbitrary, unconstitutional, and void, and b. Issue an appropriate writ or order striking down Sub Rule (1) of Rule 11 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2024 insofar as it inserts the words "department-wise reservation of seats shall not be permitted" into the existing Sub Rule (1) of Rule 11 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2006, as discriminatory, unreasonable, arbitrary, unconstitutional, and void C. To hold and declare that and strike down as invalid the words in bracket "(as on 31st March in which the Entrance Test is held)" in Rule 10 (1) of the PGET Rules 2024, are rendered redundant and unenforceable in view of the postponement of the NEET-PG Entrance Test by the National Board of Examination to 11-08- 2024 and fixing the cut off date for the purpose of Eligibility as 15-8-2024, and consequently the Respondent fixing their cut off date as 31-07- 2024, and d. To hold and declare that and strike down as invalid the words "as on 31st March in the year in which the Entrance Test is held" in Rule 3 (2) of the PGET Rules 2024, are rendered redundant and unenforceable in view of the postponement of the NEET-PG Entrance Test by the National Board of Examination to 11-08- 2024 and fixing the cut off date for the purpose of Eligibility as 15-8-2024, and consequently the Respondent fixing their cut off date as 31-07- 2024, and e. Issue a declaration that the Petitioners are eligible for the Inservice Quota in terms of the existing Sub-Rule 2 of Rule 3 and Sub Rule (1) of Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses
- 34 -
NC: 2024:KHC:46909 WP No. 25166 of 2024 C/W WP No. 24865 of 2024 WP No. 25507 of 2024 AND 2 OTHERS (Amendment) Rules, 2006, as the Petitioners have completed three years of regular service including probationary period, and f. Issue a declaration that the Petitioners are eligible for the Inservice Quota as the Petitioner have completed three years of regular service including probationary period, in view of the cu off date for determining their eligibility having been changed by the Respondent No.2 to 31-07- 2024 in terms of the Notification No.BAC/APG/03/2023-24 (E-1402468) dated 12- 07-2024, (Ann-H) and g. In the alternative for this Hon'ble Court to declare 15-08-2024 be the last date for computing the 3 years of regular service for the Inservice candidate for the PG academic year 2024-05 due to the National Board of Examination fixing the cut off date for purpose of Eligibility as 15-8-2024 vide its Notice dated 09- 01-2024, (Ann-J) and h. Such other writs or orders as this Hon'ble Court deems fit in the circumstances of the case
4. The Petitioners in W.P.No.25518/2024 are before this Court seeking for the following reliefs:
a. Issue an appropriate writ or order striking down Sub-Rule 2 of Rule 3 and Sub Rule (1) of Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2024, vide Notification No.MED 95.RGU.2023 dated 13-06-2024 (Annexure-A) Gazetted on 28- 06-2024, insofar as they exclude the probationary period from the eligibility period of Three years of Regular Service from the existing Sub-Rule 2 of Rule 3 and Sub Rule (1) of Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2006, as
- 35 -
NC: 2024:KHC:46909 WP No. 25166 of 2024 C/W WP No. 24865 of 2024 WP No. 25507 of 2024 AND 2 OTHERS discriminatory, unreasonable, arbitrary, unconstitutional, and void, and b. Issue an appropriate writ or order striking down Sub Rule (1) of Rule 11 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2024 insofar as it inserts the words "department-wise reservation of seats shall not be permitted" into the existing Sub Rule (1) of Rule 11 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2006, as discriminatory, unreasonable, arbitrary, unconstitutional, and void C. Issue a declaration that the petitioners are eligle for the inservice quota in terms of the existing sub- rule 2 of rule 3 and sub rule(1) of Rule 10 of the Karnataka Conduct of Entrance Test for selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2006, as the petitioners have completed three years of regular service including probationary period, and d. To hold and declare that the words in bracket "(as on 31st March in which the Entrance Test is held)" in Rule 10(1) of the PGET Rules 2024, is rendered redundant and unenforceable in view of the postponement of the NEET-PG Entrance Test by the national board of examination to 11.08.2024 and fixing the cut off date for purpose of Eligibility as 15.08.2024 and e. Such other writs or orders as this Hon'ble Court deems fit in the circumstances of the case
5. The Petitioner in W.P.No.29475/2024 is before this Court seeking for the following reliefs:
- 36 -
NC: 2024:KHC:46909 WP No. 25166 of 2024 C/W WP No. 24865 of 2024 WP No. 25507 of 2024 AND 2 OTHERS
a) Issue writ or order in the nature of certiorari or such order this Hon'ble Court may deem fit to quash Executive Order vide no. MED 126 RGU 2024 dated 25.10.2024 made be the 1st Respondent produced at Annexure-A.
b) To Direct the respondents to adhere to regulations contemplated under the Karnataka Conduct of Entrance Test of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses 2024 Rules (Annexure-C3) particularly Amended Rule 3 and 10 and thereby not to extend the cutoff date of service period as on 31.03.2024 for consideration under the service Quota and also to consider only those candidate who had completed 3 years of service after completion of probationary period under In Service quota.
c) Grant such other relief as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice and equity.
6. Though much arguments have been advanced, taking into consideration that the shifting of the date of qualification from 31st March to 31st July is one time attempt by the State in order to try and fill-in all the vacant seats numbering about 349. The State was directed to try and workout a solution after discussing with all the stakeholders including the petitioners.
- 37 -
NC: 2024:KHC:46909 WP No. 25166 of 2024 C/W WP No. 24865 of 2024 WP No. 25507 of 2024 AND 2 OTHERS
7. The State has filed a memo dated 15.11.2024, which reads as under:-
PROPOSAL The Respondents - State represents as under:
• As per the directions of this Hon'ble Court and after due consultation with the Petitioners in the above said matters, the State hereby submits the proposal with respect to the admission of the in- service candidates for PG medical seats for the year 2024-25.
• All the candidates who have completed one year of regular service and successful completion of the probationary period thus totaling a minimum of 3 years shall be eligible to apply for the PG in-service quota seats.
• The candidates who have fulfilled the above mentioned criterion as on 31.03.2024 shall be given first preference of selection of available seats in their respective department quotas.
• The seats so selected by the candidates shall be final and these candidates shall not have an option of surrendering the same in order to opt for any other alternate choices.
• The candidates who have fulfilled the criterion of one year of regular service and successful completion of the probationary period, thus totaling a minimum of 3 years as on 31.07.2024 shall have the second option to select among those seats which remain after selection of the seats by the candidates who have qualified as on 31.03.2024.
• The counselling for 1st batch of candidates mentioned supra shall be on 18th and 19th of November 2024. On 20th and 21st of November 2024 they shall get themselves admitted to the selected / allotted colleges.
- 38 -
NC: 2024:KHC:46909 WP No. 25166 of 2024 C/W WP No. 24865 of 2024 WP No. 25507 of 2024 AND 2 OTHERS • The 2nd batch of students mentioned supra shall exercise their options of selecting seats on 23rd and 24th of November 2024 and they shall take admission in their selected /allotted colleges on 25th and 26th November 2024.
• The candidates upon selection of the selected seats shall not reserve liberty to participate in the next round of counseling.
• All the candidates are required to possess such eligibility as may be prescribed or prevalent for the 1st round of counselling.
8. The said proposal has been made by the State in order to try and resolve the disputes and/or the grievances that the petitioners in each of the above matters have. The said proposal by the State is acceptable to all the petitioners in each of the above matters.
9. Learned AGA submits that the said proposal will be applicable only for this year and not for any other selection process going forward.
10. Respective counsel for the petitioners after conferring with their respective clients submit that they have accepted the proposal made by the State.
- 39 -
NC: 2024:KHC:46909 WP No. 25166 of 2024 C/W WP No. 24865 of 2024 WP No. 25507 of 2024 AND 2 OTHERS
11. In that view of the matter, accepting the said proposal of the State, which is acceptable to the respective petitioners in the above petitions, the above petitions stand disposed.
12. The dates, however, stands changed as under:-
a. The counselling for 1st batch of candidates mentioned supra shall be on 21st and 22nd of November 2024. On 23rd and 24th of November 2024 they shall get themselves admitted to the selected / allotted colleges.
b. The 2nd batch of students mentioned supra shall exercise their options of selecting seats on 25th and 26th of November 2024 and they shall take admission in their selected /allotted colleges on 26th and 27th November 2024.
SD/-
(SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 71