Karnataka High Court
Nagaraj S/O Marabasappa Akki vs Karnataka Institute Of Medical ... on 6 March, 2012
Author: N.K.Patil
Bench: N.K.Patil
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD.
DATED THIS THE 6Th DAY OF MARCH 2012
BEFORE
THE HON'BLE MR.JUSTICE N.K.PATIL
WRIT PETITION NOs.62758 62760/2009 (S-RES)
-
C/W
WRIT PETITION NOs.64088/2009, 12522/2009
62856/2009, 62909/2009. 64104 64 129/2009
--
AND 629 15/2009 (S-RES) A/W MISC.W.61088/2009
IN WRIT PETITION NOs.62758 - 62760/2009
BETWEEN:
NAGARAJ
S/0 MARABASAPPA AKKI
Age:31 YEARS
0CC: LAB TECHNICIAN
R/O GANESHNAGAR, II CROSS
ANANDNAGAR ROAD, OLD HUBLI
HUBLI, DIST: DHARWAD
2. SASHIREKHA
D/O. SUBBRAY ANANT DIVEKAR
Age: 22 YEARS
0CC: LAB.TECH.
R/O LAXMINIVAS, BEHIND ROTARY
EYE HOSPITAL, COURT ROAD, SIRSI
DIST: U.K.,
3. SUJATAJ WILSON
W/O SANGAMESH KADADALLI
Age:33 YEARS
2
0CC: LAB.TECH.
R/0. SAGAR NIVAS, NEAR ASHA FEEDS,
H.NO.52, NEKARNAGAR, OLD HUBLI
HUBLI, DIST: DHARWAD,
PETITIONERS
(BY SRI: DINESH M KULKARNI, ADV.)
AND:
1. KARNATAKA INSTITUTE OF
MEDICAL SCIENCES
VIDYANAGAR, HUBLI R/B ITS DIRECTOR
2. THE STATE OF KARNATAKA
R/B THE SECRETARY
MEDICAL EDUCATION, M S BUILDING,
BANGALORE
3. MANJULA V YALIGAR
KARNATAKA CIRCLE NAVANAGAR, HUBLI
4. GEETASMIRAJI
W/O MALLAPPA TADASAD
WADKAR BUILDING, ASHIRWAD NILAYA
UNAKAL, HUBLI
5. PRATHAM PRABHU
HIREPETH ONI, OLD HUBLI
UNKAL, HUBLI
6. ASPAKAHMAD CHIKKERUR
KOPPADKERI, M.B.NAGAR, DHARWAD
7. MAHESH K.G.,
ANANATH RAO COMPOUND,
SHANTI COLONY
VIDYANAGAR, HUBLI
8. NELSON HAWALAD
JANNATH NAGAR, MASJEID ROAD,
TOLL NAKA, DHARWAD
3
9. JAGADISH KOTRASHE'ITI
SIDDAROAD COLONY
MADIHAL. DHARWAD
10. VIJAYA PATI'ED
C/O S V HAVALOOR
SHIRUR PARK, 2ND STAGE,
PLOT NO.81
VIDYANAGAR, HUBLI
11. NAGARAJ PATREANGADI
MANJUNATH NAGAI, GOKUL ROAD,
HUBLI
12. ANITA M DANDOOTI
P0: SIMMAD TQ JAMAKHANDI
DIST: BAGALAKOT
13. DAYANAND S JAINAPUR
VIDYAGERI MALLIKARJUN NILAYA
MANTUR ROAD, MUDHOL
14. CHANNABASAPPA NALKAR
C/O KIMS, VIDYANAGAR. HUBLI
15. NAGAVENI P PRAKASH
0/0 JHON MASCRINE
VIJAYA NAGAR, HUBLI
16. SHARADA NANDANWADE
NAVANAGAR, HUBLI
17. SUSHMA G DESAI
C/O R G DESAI
NAVODYA NAGAR, OLD HUBLI
HUBLI.
18. DEEPA P C/O N.B PATIL
MULUGUND NAKA, GADAG
19. ROOPAKARADI
WALTER FILTER ROAD,
NEAR MINI VIDHANASOUDHA,
4
SAVADATT'I
20. SHWETA KAMBLE
C/O.KIMS, VIDYANAGAR
HUBLI
21. VENKATESHWAR S, C/O KIMS,
VIDYA NAGAR, HUBLI
22. LAKSHMIPATI C.N.
C/O.KIMS, VIDYANAGAR
HUBLI
23. VASANTH KOLKAR
VIDYA NAGAR, HUBLI
24. KSHMAVANI L KUNDAGOL
C/O KIMS,VIDYA NAGAR, HUBLI
25. RENUKA GAYAKWAD
C/O KIMS,VIDYA NAGAR, HUBLI
26. BASAVARAJ OLEKAR
C/O KIMS, VIDYA NAGAR, HUBLI
27. SHRINIVAS K GOUDA
AT: K MARABALLI
P0 JALVALLI, HONNAVAR
DIST: N.K.
28, ARATI M, D/O MANJUNATH
KA 6/58 PAPER TOWN
BADHRAVATI
DIST: SHIMOGA
29. ASHOK MUDDALANAVAR
BASAVESHWAR NAGAR,
SATTUR,DHARWAD
30. NANDINI C M
D/O MOHANSINGH
FILTER HOUSE ROAD
NEAR CSI CHURCH,
CHITRADU RGA
31. RAVIKUMAR P N
C/O KIMS, VIDYANAGAR
HUBLI
32. PRATHIBHA HOSAMANI
UNIQUE APARTMENT
PLOT NO.406, 4TH FLOOR
DESHAPANDE NAGAR, HUBLI
33. VEENANAIK
CHURCH ROAD,
MIRJAN KUMATA
DIST: KARWAR
34. MOHAMMAD ILIYAS MORAB
DHANDIN ONI, NEAR MAJID
SAIDAPUR, DHARWAD
35. SHAHAJAD HIREHAL
S. H. HIREHAL
AT/P: HEBBAL TQ: SHIRAHATI'I
DIST GADAG
36. SANJEEV KUMAR BENAKATrI
C/O KIMS, VIDYANAGAR, HUBLI
37. SIDDANAGOUDA K G
S/O SHIVAMURTHY
P0: KITTUR KURDI
TQ: DAVANAGERI
(R3 TO R37 ALL ARE MAJOR) ... RESPONDENTS
(BY SMT : PARVATI DEVI R.KALAL, ADV. FOR Ri
SRI P.H.GOTKHINDI, HCGP. FOR R2.
SRI M.R.MULLA, ADV. FOR R3 12 AND R14 -37
-
SRI HARISH S.MAIGUR, ADV. FOR R13)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
ENTIRE
RECORDS PERTAINING TO SELECTION PROCESS OF X
RAY/ECHO/CATH LAB/LABORATORY TECHNICIANS BY THE
R-i VIDE
6
NOTIFICATION VIDE ANNEXURE-C. TO SET ASIDE SELECTION LIST
ISSUED BY R-l DATED 20/4/09 VIDE ANNEXURE-K IN SO FAR AS
SELECTION FOR THE POST OF JUNIOR LAB TECHNICIANS IS
CONCERNED AS NULL AND VOID,
IN WRIT PETITION NO.64088/2009
BETWEEN:
PARASHURAM
S/O. YELLAPPA KOTI i KYOTI
Age:28 YEARS
0CC: LAB TECHNICIAN
R/O. NEAR POLICE STATION
GAJENDRAGAD
TQ RON, DT GADAG
-
-
PETITIONER
(By Sri. : DINESH M KULKARNI, ADV.)
AND:
I. KARNATAKA INSTITUTE OF
MEDICAL SCIENCES
VIDYANAGAR, HUBLI
REPRESENTED BY ITS DIRECTOR
2. THE STATE OF KARNATAKA
REP. BY THE SECRETARY
MEDICAL EDUCATION
M.S.BUILDING
BANGALORE
3. VASANT KOLKAR
0CC: LAB TECHNICIAN
KIMS, VIDYANAGAR
HUBLI
RESPONDENTS
(By SMT.PARVATI DEVI .R KALAL, ADV. FOR Ri
SRI P.H.GOTKHINDI, HCGP. FOR R2
SRI M.R. MULLA, ADV. FOR R3)
7
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE
RECORDS PERTAINING TO SELECTION PROCESS BY THE 1ST
RESPONDENT VIDE NOTIFICATION VIDE ANN-A.. SET ASIDE
SELECTION LIST ISSUED BY 1ST RESPONDENT DATED 20/4/09 VIDE
ANN-H IN SO FAR AS SELECTION FOR THE POST OF JUNIOR LAB-
TECHNICIAN UNDER SC QUOTA IS CONCERNED AS NULL AND VOID.
IN WRIT PETITION NO.12522/2009
BETWEEN
PRAKASH
Sb. ANAND GAJAKOSH
AGE 35 YEARS
0CC: X-RAY TECHNICIAN
R/O. AMBEDKARGALLI
TALUK HALIYAL
DIST UTI'ARA KANNADA
PETITIONER
(BY SRI DINESH M.KULKARNI, ADV.)
AND
1. KARNATAKA INSTITUTE OF MEDICAL SCIENCES
VIDYANAGAR, HUBLI
REP BY ITS DIRECTOR
2. THE STATE OF KARNATAKA
REP BY THE SECRETARY
MEDICAL EDUCATION
M S BUILDING, BANGALORE
3. DEVENDRA B KAMBLE
AGED 39 YEARS, 0CC: X-RAY TECHNICIAN
C/O. V H LAD
LAD COMPUND, MICHIGAN COMPOUND
SAVrAPUR, DHARWAD
RESPONDENTS
(BY SMT.PARVATIDEVI R KALAL, ADV. FOR R1&3.
SRI P.H,GOTKHINDI, HCGP. FOR R2)
8
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE
RECORDS PERTAINING TO SELECTION PROCESS OF X
RAY/ECHO/CATH LAB/LABORAGTORY TECHNICIANS BY THE Ri
VIDE NOTIFICATION VIDE ANX-C., SET-ASIDE SELECTION LIST
ISSUED BY Ri DT. 20.4.2009, VIDE ANX-F IN SO FAR AS SELECTION
FOR THE POST OF X-RAY TECHNICIANS IS CONCERNED AS NULL AND
VOID.
IN WRIT PETITION NO.62856/2009
BETWEEN
SUNANDA M
W/O LB BADIGER
AGE:29 YEARS
0CC: STAFF-NURSE, R/O H.NO.33,
RAJEEVNAGAR, NEW POLICE QUARTERS
VIDYANAGAR, HUBLI
DT-DHARWAD.
PETITIONER
(BY SRI DINESH M KULKARNI, ADV.)
AND
1. KARNATAKA INSTITUTE OF
MEDICAL SCIENCES
VIDYANAGAR, HUBLI R/B ITS DEIRECTOR
2. THE STATE OF KARNATAKA
RIB THE SECRETARY
MEDICAL EDUCATION, M S BUILDING
BANGALORE
3. CHANDRAKANT A BAJANTRI
Age: 27 YEARS
0CC STAFF NURSE
9
C/O B C KAMBLE, EWS-313
NAVANGAR, HUBLI
4. ANUSUYAPKOTI
Age: 29 YEARS
0CC STAFF NURSE
C/O C S VIBHUTIMATH, BASAVESHAWAR
II CROSS, SA1TUR, DHARWAD
5. PUSHPAKP
Age: 28 YEARS
0CC STAFF NURSE KIMS,VIDYANAGAR,
HUBLI
6. RAJESHWARI B CHENNAYYA
Age: 29 YEARS
0CC STAFF NURSE KIMS,VIDYANAGAR,
HUBLI
7. SHENNAMMA GOVIND HARIJAN
Age: 26 YEARS
0CC STAFF NURSE C/O SANTOSH G H
R.F0.DANDELI
DT UTARA KANNADA
-
RESPONDENTS
(BY SMT PARVATI DEVI R.KALAL, ADV. FOR Ri
SRI P.H.GOTKHINDI, HCGP. FOR R2.
SRI M.R.MULLA, ADV. FOR R3 R7)
-
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO : 1. CALL OF ENTIRE
RECORDS PERTAINING TO SELECTION PROCESS OF X
RAY/ECHO/CATH LAB/LABORATORY TECHNICIANS BY THE 1ST
RESPONDENT VIDE NOTIFICATION BEARING NO.
KIMS/EST(2) 118/2008-09 VIDE ANNEXURE-A DATED 02/09/2008., 2,
SET ASIDE SELECTION LIST ISSUED BY 1ST RESPONDENT DATED 20-
4-2009 VIDE ANNEXURE-J IN SO FAR AS SELECTION FOR THE POST
OF NURSES UNDER SC QUOTA IS CONCERNED AS NULL AND VOID.
10
IN WRIT PETITION NO.62909/2009
BETWEEN
MOHAMMADSALEEM
S/O MOULASAHEB MULLA
Age:24 YEARS
LAB TECHNICIAN, R/O SHANTESHWARNAGA
R
AMMINBHAVI
TQ & DT - DHARWAD
PETITIONER
(BY SRI : DINESH M KULKARNI, ADV.)
AND
1. KARNATAKA INSTITUTE OF MEDICAL SCIE
NCES
VIDYANAGAR, HUBLI
R/B ITS DIRECTOR
2. THE STATE OF KARNATAKA
RIB THE SECRETARY
MEDICAL EDUCATION, M S BUIDLING
BANGALORE
3. MOHAMMAD ILIYAS MORAB
Age: 29 YEARS
0CC LAB TECHNICIAN DANDIN ONI
NEAR MASJID, SAIDAPUR, DHARWAD
RESPONDENTS
(BY SMT. PARVATI DEVI R.KALAL, ADV.
FOR Ri
SRI P.H.GOTKHINDI, HCGP. FOR R2.
SRI M.R.MULLA, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ART
ICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYIN
G TO CALL FOR RECORDS
PERTAINING TO SELECTION PROCES
S OF X-RAY/ECHO/CATH
LAB/LABORATORY TECHNICIANS BY
THE 1ST RESPONDENT VIDE
11
NOTIFICATION BEARING NO.KIMS/EST(2) 118/2008-09 VIDE
ANNEXURE-C DATED 02/09/2008., SET ASIDE SELECTION LIST
ISSUED BY 1ST RESPONDENT DATED 20/04/2009 VIDE ANNEXURE
-J
IN SO FAR AS SELECTION FOR THE POST OF JUNIOR LAB
TECHNICIANS IS CONCERNED AS NULL AND VOID.
IN WRIT PETITION NOs,64 104 - 64 129/2009
BETWEEN:
1. JAYASHREE V SHINDE
Age:36 YEARS
R/O C/O V R SHINDE
H NO 5 GURUDEV NAGAR, 3RD CROSS
RAJNAGAR
HUBLI
2. MANJUNATH CHAVADI
Age:32 YEARS
R/O R F KATARE
NEAR SHANKARLING TEMPLE
SHANTI COLONY (NORTH)
LOKKAPAN HAKKAL
VIDYA NAGAR. HUBLI
3. MARGRET GUDISILAMANI
Age:40 YEARS
R/O SUNDEKE CHAL
ARAVIND NAGAR
KARWAR ROAD
OLD HUBLI
4. HEMANAND LINGADALLI
Age:29 YEARS
R/O GIRIJA GABBUR
RHTC DEVIKOPPA
12
KALAGATAGI
DHARWAD
5. USHAGKALAKAR
Age:24 YEARS
R/O C/C H G SALIYAN
RAJNAGA TURAMARI PLOT
DHARWAD
6. MANJUNATH NAVALGUNDA
Age:34 YEARS
R/O GALl ONI
H NO 6 MANGALWAR PETH
DHARWAD
7. BASAVARAJ S KAMAKERI
AGE:28 YEARS
R/O MRUTYNJAY NAGAR
MURUGHAMATH COMPOUND
DHARWAD
8. ADIVEPPA S BHAVIHAL
Age:28 YEARS
R/O SHARAN SANGAM
PLOT NO 11 & 12 VIKAS NAGAR
DHARWAD -01
9. JYOTHI G HURKADLI
Age:28 YEARS
R/O C/O 0 B HURKADLI
TAMBAD ONI
AKKI HONDA
HUBLI
10. BASAVARAJ B CHEGARADDI
Age:33 YEARS
13
R/O H NO 204
SAl PLAZA OLD INCOME TAX OFFICE ROAD
VIDYA NAGAR
NEAR RAJ NAGAR
HUBLI
MALLIKARJUN C SHETI'Y
Age:35 YEARS
R/O QUTERS NO 3
H NO 12 KIMS QUTERS
HUBLI
12. SHRIKANT D KULKARNI
Age:37 YEARS
R/O 2ND CROSS
H NO 24A GRUDEV NAGAR
NEAR RAJ NAGAR
HUBLI
13. KAMAKSH BADIGER
Age:33 YEARS
R/O C/O L S BADIGER
SIDDAKALYAN NAGAR H NO 25
SAT NAGAR ROAD
UNKAL HUBLI
14. LALITHA M KANAPUR
Age:23 YEARS
R/O EWS-579
2\D BUS STOP NAVANAGAR
HUBLI
15. AGASTIN J DEVARAJ
Age:38 YEARS
R/O H NO 41/A, NEHARU NAGAR
BEHIND WATER TANK
14
GOKUL ROAD
HUBLI
16. VEERESH S
Age:23 YEARS
R/O C/Q C T BYAHATh
H NO 47, SAl COLONY
SAl NAGAR
HUBLI
17. MKKORTHI
Age:43 YEARS
R/O A M AINAPUR
BEHIND S T QUTERS
GOKUL ROAD
HUBLI
18. IMTIYAZ AHAMA S SHAIK SANADI
Age:28 YEARS
R/OHNO17
TASHILADAR GALLI
MALAPUR
DHARWAD
19. NAGARAJ B RAYANAL
Age:27 YEARS
R/O 3RD CROSS
JANGALI PETH OLD HUBLI
HUBLI
20. RUDRAPPA B WARAGUND
Age:29 YEARS
R/O AT HOOVINSIGLI
TQ SAVANUR
DIST HAVERI
15
21. SAYED ASHPAQUE SAYED
Age:32 YEARS
R/O C/O S A GAYYAM SAYYED BUILDING
TABIB LAND
KULKARNI HAKKAL 1ST CROSS
HUBLI
22. FAHIMODDIN A USTAD
Age:28 YEARS
R/O.AAKHAN GALLI
K C C BANK ROAD
DHARWAD
23. SANTOSH KOTENNAVER
Age:27 YEARS
R/O ADRASH NAGAR
SOLAPUR ROAD, BIJAPUR
21. ABDUL AZIZ MAKANDAR
Age:34 YEARS, R/O H NO 38
AZAD NAGAR 2ND CROSS
DHARWAD
25. PRADEEP M KADADGI
Age:31 YEARS
R/OHNO 18
HOSUR, HUBLI
26. PRAMOD C HULKOPPA
Age:23 YEARS
R/O MAYUR NAGAR 6TH CROSS
ANAND NAGAR OLD HUBLI
HUBLI.
PETITIONERS
(BY SRI DINESH M KULKARNI, ADV.1
16
AND
1. KARNATAKA INSTITUTE OF MEDICAL SCIENCES
VIDYANAGAR, HUBLI
REP. BY ITS DIRECTOR
2. THE STATE OF KARNATAKA
REP. BY THE SECRETARY, MEDICAL EDUCATION
M.S.BUILDING, BANGALORE
3. MANJULA V.YALIGAR
AGE MAJOR, R/O. KARNATAKA CIRCLE
NAVANAGAR, HUBLI
4. GEETA S.MIRAJI, W/O,MALLAPPA TADASAD
AGE MAJOR, R/O.WADKAR BUILDING
ASHIRWAD NILAYA, UNKAL, HUBLI
5. PRATHAM PRABHU
AGE MAJOR, R/O.HIREPETH ONI,
OLD HUBLI, HUBLI
6. ASPAKAHMAD CHIKKERUR
AGE MAJOR
R/O.KOPPADKERI, M.B.NAGAR
DHARWAD
7, MAHESH.K.G.
AGE MAJOR
R/O.ANANATH RAO COMPOUND
SHANTI COLONY, VIDYANAGAR
HUBLI
8. NELSON HAWALAD
AGE MAJOR
R/O. JANNATH NAGAR, MASJEID ROAD
TOLL NAKA, DHARWAD
9. JAGADISH KOTRASHETI'I
AGE MAJOR
R/O.SIDDAROAD COLONY. MADIHAL
17
DRARWAD
I 0. VIJAYA PATFED
AGE MAJOR
R/O. C/O.S.V.HAVALOOR, SHIRUR PARK
2ND STAGE, PLOT NO.81 ,VIDYANAGAR
HUBLI
II. NAGARAJ PATREANGADI
AGE MAJOR
R/O.MANJUNATH NAGAR, GOKUL ROAD
HUBLI
12. ANITA M.DANDOOTI
AGE MAJOR
R/O. POST SIMMAD, TQ. JAMKHANDI
DIST. BAGALKOT
13. DAYANAND S.JAINAPUR
AGE MAJOR
R/ 0 ,VIDYAGERI MALLIKARJUNNILAYA
MANTUR ROAD, MUDHOL
14. CHANNABASAPPA NALKAR
AGE MAJOR
R/O. KIMS, VIDYANAGAR,
HUBLI
15. NAGAVENI P.PRAKASH
AGE MAJOR
RIO. C/O.JHON MASCRINE,
VIJAYANAGAR, HUBLI
16. SHARADA NANDANWADE
AGE MAJOR
R/O. NAVANAGAR, HUBLI
17. SUSHMA G.DESAI
AGE MAJOR
R/O. C/O.R.G.DESAI, NAVODYA NAGAR
OLD HUBLI, HUBLI
18
18. DEEPA P
AGE MAJOR
R/O. C/O.N,B.PATIL, MULUGUND NAKA
GADAG
19. ROOPAKARADI
AGE MAJOR
R/O. WALTER FILTER ROAD
NEAR MINI VIDHANSOUDHA, SAVADATh
20. SHWETAKAMBLE
AGE MAJOR
R/O. C/O.KIMS, VIDYANAGAR
HUBLI
21. VENKATESHWARS
AGE MAJOR
R/O.C/O. KIMS VIDYANAGAR
HUBLI
22. LAKSHMIPATI.C.N.
AGE MAJOR
R/O.C/O. KIMS VIDYANAGAR
HUBLI
23. VASANTH KOLKAR
AGE MAJOR
R/O. VIDYANAGAR, HUBLI
24. KSHMAVANI L. KUNDAGOL
AGE MAJOR
R/O. C/O.KIMS, VIDYANAGAR
HUBLI
25. RENUKAGAYAKWAD
AGE MAJOR
R/O. C/O.KIMS, VIDYANAGAR
HUBLI
26. BASAVARAJ OLEKAR
AGE MAJOR
R/O. C/O.KIMS, VIDYANAGAR
HUBLI
19
27, SHRINIVAS K.GOUDA
AGE MAJOR
RIO. AT:K.MARABALLI, POST JALVAL
LI
HONNAVAR, DIST. N.K.
28. ARATI M., D/O.MANJUNATH
AGE MAJOR
KA 6/58, PAPER TOWN
BHADRAVATI, DIST. SHIMOGA
29. ASHOK MUDDALANAVAR
AGE MAJOR
R/O,BASWESWAR NAGAR, SATTUR
DHARWAD
30. NANDINI C.M., D/O.MOHANSINGH
AGE MAJOR
R/O.FILTER HOUSE ROAD
NEAR CSI CHURCH, CHITRADURGA
31. RAVIKUMAR P.N,
AGE MAJOR, R/O. C/O.
KIMS, VIDYANAGAR
HUBLI
32. PRATHIBHA HOSAMANI
AGE MAJOR
R/O. UNIQUE APARTMENT, PLOT NO.
406
4TH FLOOR, DESHPANDE NAGAR,
HUBLI
33. VEENANAIK
AGE MAJOR, R/O. CHURCH ROAD,
MIRJAN KUMATA. DIST. KARWAR
34. MOHAMMAD ILIYAS MORAB
AGE MAJOR, R/O.DHANDIN ONI, NEA
R MASJID
SAIDAPUR, DHARWAD
35. SHAHAJAD HIREHAL
AGE MAJOR, R/O. S.H.HIREHAL
AT/P. HEBBAL, TQ. SHIRAHATI
DIST. GADAG
20
36. SANJEEV KUMAR BENAKATh
AGE MAJOR
RIO. C/O. KIMS, VIDYANAGAR
HUBLI
37. SIDDANAGOUDA.K.G., S/O.SHIVAMURTHY
AGE MAJOR
R/O. POST Kfl1UR KURDI
TQ. DAVANAGERI
RESPONDENTS
(BY SMT: PARVATI DEVI R.KALAL, ADV. FOR Ri
SRI P.H.GOTKHINDI, HCGP. FOR R2.
SRI M,R.MULLA, ADV. FOR R3 12 AND R14
- - 37)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
ENTIRE RECORDS PERTAINING TO SELECTION PROCESS BY THE 1ST
RESPONDENT VIDE NOTIFICATION DATED 2/9/08 VIDE ANN-C., SET
ASIDE SELECTION LIST ISSUED BY 1ST RES DATED 204/09 VIDE
ANN-F IN SO FAR AS SELECTIONJ FOR THE POST OF JUNIOR LAB
TECHNICIANS IS CONCERNED AS NULL AND VOID.
IN WRIT PETITION NO.62915/2009 A/W MISC.W.61088/2009
BETWEEN
BASAVVA
D/O CHANNAPPA KADAPPANAVAR
6TH BLOCK QUARTERS ROOM NO.26
KIMS HOSPITAL,VIDYANAGAR,HUBLI
DT DISTRICT
-
PETITIONER
(BY SRI DINESH M KULKARNI, ADV.) (COMMON)
AND
I. KARNATAKA INSTITUTE OF MEDICAL SCIENCES
VIDYANAGAR HUBLI R/B ITS DIRECTOR
2. THE STATE OF KARNATAKA
R/B THE SECRETARY
MEDICAL EDUCATION, M S BUILDING,
21
BANGALOR
RESPONDENTS
(BY SMT: PARVATI DEVI R.KALAL, ADV. FOR Ri
SRI P.H.GOTKHINDI, HCGP. FOR R2.
SRI M.R.MULLA, ADV, FOR PROPOSED Ri - 22)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO : 1. CALL FOR ENTIRE
RECORDS PERTAINING TO SELECTION PROCESS OF X
RAY/ECHO/CATH LAB/LABORATORY TECHNICIANS BY THE 1ST
RESPONDENT VIDE NOTIFICATION BEARING
NO.KIMS/EST(2)118/2008-09 VIDE ANNEXURE-C., 2. SET ASIDE
SELECTION LIST ISSUED BY 1ST RESPONDENT DATED 20/04/2009
VIDE ANNDEXURE-L.
MISC.W.61088/2009 IS FILED UNDER ORDER 1 RULE 10 OF
CPC FOR IMPLEADING.
THESE WRIT PETITIONS AND MISC.W. COMING ON FOR FINAL
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
All these petitioners assailing the correctness of the selection list issued by the 1st respondent dated 20/4/2009, in sofaras selection for the post of Junior Lab Technicians is concerned, as null and void, vide Annexure-C have presented these petitions.
2. All these petitioners contend that respondent No. 1 is an Autonomous Body having its own By-laws and controlled / by the Government of Karnataka within the meaning of Article 12 of the Constitution of India. Hence, it is amenable to writ jurisdiction.
3. Petitioners were appointed as Junior Lab Technicians, X-ray Technicians and Nurses through agency and are working for nearly more than 8 years. In the year 2006 itself they made a representation to the concerned Honbie Minister to consider them for appointment as permanent employees as they duly qualified for the said post. The Hon'ble Minister permitted the 1st respondent to submit proposal for regularization of the employees who are working on agency basis. The 1st respondent in response to that submitted a proposal on 19/8/2006. Inspite of that no proper steps were taken. All of a sudden respondents issued a Notification dated 2/9/2008 bearing No.KIMS/EST(2) 118/2008-09 calling for applications for appointment of X ray/Echo/CATH/Lab/Laboratorv Technicians. The said Notification is also not clear regarding mode of appointment whether direct or through any written test etc. The '4/ / petitioners were anticipating the process of regularization , which was initiated. However under the threat of loosing the job they also applied for appointment. The petitioners are qualified having requisite qualification and also belongin g to the rural area, applied for the post of Junior Lab Technicia n.
The copy of the application, experience certificate, marks card issued by Para Medical Board, rural certificates are produced .
The petitioners who were working on agency basis were qualified and entitled for the appointment. But, 1st respondent has published the selection list by selecting 31 persons, excluding the petitioners who were already work ing on agency basis. The certified copy of selection list is not issued to the petitioners. The copy of the selection list is typed and produced herewith as Annexure-K. The selection procedure adopted by the 1st respondent is quite contrary to the KIMS By-laws and Notification and also the provision s of KCS Rules. Therefore, petitioners have challenged the selection list issued by the first respondent, by prese nting these petitions.
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4. The specific ground urged by the petitioners in all these writ petitions is that respondent No. 1 adopted a strange procedure in the appointment process from the stage of issuance of Notification to the process of selection of Junior Lab Technicians. The selection list does not disclose the category of the candidate under which he/she is selected. The notification discloses various reservations and accordingly petitioners have submitted their applications along with necessary certificates. Therefore, the selection has become void, as it is contrary to the Notification and is liable to be set aside. Petitioners are more meritorious than the selected candidates and from different category candidates with less marks and less experienced candidates are selected. Therefore, entire selection is biased and not based on merit. Even the authority has failed to take into consideration some of petitioners who are capable and belong to backward community, OBC etc. Petitioners are already working as Junior Lab Technicians since several years and their proposal for regularization is pending consideration. At this stage 25 without selecting the petitioners, 1st respondent has selec ted others who are not placed better than petitioners. This amounts to violation of right of employment of the petitioners. The entire selection process adopted by the 1st responden t is not transparent, the mode of selection is suspicious and biased. The non-disclosure of particulars of selected candidates in the selection list itself is a prima facie mate rial to draw adverse inference against the respondent No. 1. On this ground also the selection list is liable to be quashed.
5. Per contra, learned counsel appearing for the respondents iriteralia contended and substantiated that the impugned selection list is issued after following due procedure followed as per By-laws of the first respo ndent.
Candidates who have been selected are purely on merit without taking into consideration the experience, prac tical knowledge and other extra curricular activities and infact they have filed detailed statement of objection pointing out as to how they secured marks better than these petitione rs, in oral and their written test and performance is far bette r than / 4 26 the petitioners in respect of labs where they were working. They have produced necessary documents along with objections to the selection list for Junior Lab Technicians vide Annexure-Ri wherein they have appointed category wise, based on percentage, experience, marks obtained by the respective candidate under different category.
6. In WP 62758-760/2009, sofaras the third petitioner is concerned, selected candidate has secured more marks and rejected the claim of the petitioner giving the benefit under III Group Reservation Category and petitioner No.1 is already appointed in a Government Hospital at Raichur and is serving there. Petitioner No.2 is doing her B.Sc. in Laboratory Technology Course at Bangalore. The respondent has produced the Selection list copy, with names, their age, percentage of marks secured in Para-Medical Course, their experience with detailed chart. It clearly discloses that appointment made by the respondents is purely on merits, adopting Reservation Policy as notified. The selection process adopted by the first respondent is not transparent and mode J 27 of selection is biased. The said allegations are without any foundation and contrary to Annexure R- 1. It is incorrect to say that the selection List does not disclose the particulars of selected candidates. The selection list of respondent No.1 clearly discloses the category under which the candidates have been selected as per the notification. More or less the Notification of respondent No.1 for appointment of eligible candidates published in news paper dated 2/9/2008 is not challenged by the petitioners. There was a Selection Committee as per the KIMS By-laws for selection of the candidates and the said committee has followed the rules and procedure laid down for appointments. There is no illegality or irregularity as such committed by the Selection Committee, while selecting the candidates. The petitioners who were not meritorious, have wildly alleged against respondent No.1 with an ulterior motive. Therefore, the prayer sought in these petitions by the petitioners is misconceived and is liable to be rejected at threshold.
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7. After careful consideration of the grounds urged by the petitioners, in the instant petitions and stand taken by the respondents and perusal of the Annexure R 1, this Court has rightly refused to continue the interim order of status- quo granted earlier and interim prayer sought in the writ petitions were rejected by order dated 25/1/20 10.
8. After careful perusal of the stand taken by the respondents specifically with reference to Annexure-R 1, authorities have followed the procedure and mode of selection as per terms and conditions notified in By-laws of the first respondent. Selection committee consists of experts in the relevant filed having rich knowledge and are well acquainted with the procedures for selection category wise. Taking into consideration the marks secured by the candidate in the examination, performance, experience certificate, certificate issued by the concerned authorised officer regarding their experience, practical knowledge of work in the lab, all the candidates herein are selected on merit basis, having regard to their better marks, better experience. Therefore, this Court 4' 29 has rightly refu sed to continue the interim orde r. The continuation of th e interim order is declined and som e of the petitioners alread y selected and w orking in the Gov ernment institutions and some are prosecut ing their further studies.
Taking into cons ideration all these relevant aspects and due to efflux of time, th e prayer sought by the petitioners, m ay not survive for consid eration and interf erence by this Cou rt is not called for, nor I fi nd any good ground to interfere in thes e writ petitions. Hence, all these petitions are dismissed as being devoid of merits.
9. In view of disposal of the main petition on merits, the prayer soug ht in the Misc.
W.6l088/2009 do es not survive for cons ideration and is accordingly dism issed as having become in fructuous.
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