Karnataka High Court
Ningappa vs State Of Karnataka on 21 June, 2018
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2018
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
WRIT PETITION NOs.44054-44226/2017 (GM-TEN)
BETWEEN:
1. NINGAPPA
S/O MALLAPPA BADIGER
AGED ABOUT 30 YEARS,
STAFF NURSE
2. SAVITHA K S
D/O SHIVANNA K H
AGED ABOUT 28 YEARS
STAFF NURSE
3. SHWETHA C R
D/O REVANNA C K
AGED ABOTU 24 YEARS
STAFF NURSE
4. ASHA B A
D/O ANANDAPPA
AGED ABOUT 24 YEARS
STAFF NURSE
5. PRAMEELA S T
D/O SANNA THIPPESWAMY
AGED ABOUT 30 YEARS
STAFF NURSE
6. MANGALAMMA T
D/O THIPPE SWAMY
AGED ABOUT 30 YEARS
STAFF NURSE
7. SHILPA NAIK
2
D/O BADIYA NAIK
AGED ABOUT 31 YEARS
STAFF NURSE
8. NAGEENA BANU
W/O DADAPEER
AGED ABOUT 29 YEARS
STAFF NURSE
9. LAKSHMI DEVI K
W/O OBANNA B
AGED ABOUT 28 YEARS
STAFF NURSE
10. MALATHI T
D/O THIPPE SWAMY T
AGED ABOUT 24 YEARS
STAFF NURSE
11. GEETHA T
D/O THIPPE SWAMY D
AGED ABOUT 23 YEARS
STAFF NURSE
12. MADHUSHREE M
D/O MAHANTESH G
AGED ABOUT 24 YEARS
STAFF NURSE
13. SHOBHA H K
W/O SOMASHEKAR S
AGED ABOUT 29 YEARS
STAFF NURSE
14. LAKSHMI DEVI G
W/O C MALLAPPA
AGED ABOUT 24 YEARS
STAFF NURSE
15. NANDINI N
D/O NINGAIAH
AGED ABOUT 25 YEARS
STAFF NURSE
3
16. SHWETHA K
D/O KAREKALLAPPA
AGED ABOUT 25 YEARS
STAFF NURSE
17. YALLAVVA H
D/O MAHADEVA
AGED ABOUT 23 YEARS
STAFF NURSE
18. SHRUTHI M H
D/O HONNEGOWDA
AGED ABOUT 23 YEARS
STAFF NURSE
19. RANJITHA R
D/O RANGAIAH T
AGED ABOUT 24 YEARS
STAFF NURSE
20. VISHALAKSHI B
D/O B R CHOWDARY,
AGED ABOUT 37 YEARS
STAFF NURSE
21. PRASHANTH G
S/O GOVINDA NAIK
AGED ABOUT 29 YEARS
STAFF NURSE
22. KAVITHA Y A
D/O ASWATHAPPA
AGED ABOUT 28 YEARS
STAFF NURSE
23. RAMESH
S/O MANIKAPPA
AGED ABOUT 29 YEARS
STAFF NURSE
24. NAGARAJ
S/O SHARANAPPA
AGED ABOUT 29 YEARS
STAFF NURSE
4
25. VIJAYA KUMARA G N
S/O NAGANNA
AGED ABOUT 30 YEARS
STAFF NURSE
26. ERANJI G K
S/O KARIYANNA
AGED ABOUT 24 YEARS
STAFF NURSE
27. NETHRAVATHI H
D/O HANUMAIAH
AGED ABOUT 24 YEARS
STAFF NURSE
28. SAVITHA BAI
D/O JAGANATH NAIK
AGED ABOUT 23 YEARS
STAFF NURSE
29. ROOPINI R
D/O RAMALINGAPPA
AGED ABOUT 26 YEARS
STAFF NURSE
30. SARASWATHI A
D/O APPAJI GOWDA
AGED ABOUT 26 YEARS
STAFF NURSE
31. ABHILASHA B G
D/O GOVINDAIAH
AGED ABOUT 25 YEARS
STAFF NURSE
32. KEMPAMMA N
D/O NARSIMAHA MURTHY
AGED ABOUT 26 YEARS
STAFF NURSE
33. SAKAMMA C G
W/O RAMESH
AGED ABOUT 26 YEARS
5
STAFF NURSE
34. MANJULA N
D/O NAGARAJ
AGED ABOUT 28 YEARS
STAFF NURSE
35. ROOPA Y D
D/O DOODA NAIK
AGED ABOUT 28 YEARS
STAFF NURSE
36. DHANALAKSHMI H K
W/O SHANKAR NAG K N
AGED ABOUT 32 YEARS
STAFF NURSE
37. SUMA D
W/O DILEEP KUMAR
AGED ABOUT 29 YEARS
STAFF NURSE
38. RAJESHWARI N
W/O SHEKAR M
AGED ABOUT 29 YEARS
STAFF NURSE
39. SANGEETHA C
D/O CHINNAPPA
AGED ABOUT 24 YEARS
STAFF NURSE
40. YASHODHA U R
D/O U D RAJU
AGED ABOUT 25 YEARS
STAFF NURSE
41. VANAJAKSHI C
D/O CHINNAPPA
AGED ABOUT 25 YEARS
STAFF NURSE
42. ASHRITHA D K
D/O DAKAPPA
6
AGED ABOUT 23 YEARS
STAFF NURSE
43. SHRUTHI M C
D/O CHANDRAPPA
AGED ABOUT 25 YEARS
STAFF NURSE
44. SUMITHA
D/O RAVI K A
AGED ABOUT 23 YEARS
STAFF NURSE
45. SUVARNA K
D/O KONAPPA
AGED ABOUT 26 YEARS
STAFF NURSE
46. SANDYA D
D/O DINESH
AGED ABOUT 21 YEARS
STAFF NURSE
47. MARATHAMMA P
D/O PAKRUDHIN
AGED ABOUT 40 YEARS
STAFF NURSE
48. SHASHI K B
D/O BHOJAPPA RAJU
AGED ABOUT 27 YEARS
STAFF NURSE
49. JYOTHI K S
D/O SUBBANNA
AGED ABOUT 27 YEARS
STAFF NURSE
50. ARUNA K
D/O KADIRAPPA
AGED ABOUT 27 YEARS
STAFF NURSE
51. BHAGYALAKSHMI
7
W/O KUMAR S
AGED ABOUT 32 YEARS
STAFF NURSE
52. SHANTHAMMA
D/O PANDURANGAPPA K
AGED ABOUT 27 YEARS
STAFF NURSE
53. MANJULA H
W/O MAHANTESH T
AGED ABOUT 26 YEARS
STAFF NURSE
54. SRI DEVI M N
W/O HARISH S
AGED ABOUT 30 YEARS
STAFF NURSE
55. POORNIMA M T
D/O THIMMAPPA GOWDA
AGED ABOUT 30 YEARS
STAFF NURSE
56. JAGAMMA N
D/O NARAYANA SWAMY N
AGED ABOUT 25 YEARS
STAFF NURSE
57. SHUBHA G
D/O ANNAPURNA
AGED ABOUT 27 YEARS
STAFF NURSE
58. PRABHA M.C.
D/O CHANNE GOWDA
AGED ABOUT 28 YEARS
STAFF NURSE
59. SOWMYA K.R.
D/O RANGA SWAMY
AGED ABOUT 24 YEARS
STAFF NURSE
8
60. REKHA M S
D/O NAGESH
AGED ABOUT 27 YEARS
STAFF NURSE
61. CHETHAN T
S/O THIRUMALA MURTHY
AGED ABOUT 23 YEARS
STAFF NURSE
62. PADMAVATHI
D/O SAMPANGI RAMAIAH
AGED ABOUT 40 YEARS
STAFF NURSE
63. NIRMALA K E
D/O KARI ERAPPA
AGED ABOUT 28 YEARS
STAFF NURSE
64. KUBERA
S/O BASAVARAJAPPA
AGED ABOUT 30 YEARS
STAFF NURSE
65. BASAVARAJ
S/O HANAMAPPA ILAL
AGED ABOUT 30 YEARS
STAFF NURSE
66. VARADHA RAJU
S/O HANUMANTHAIAH,
AGED ABOUT 30 YEARS
STAFF NURSE,
67. MANJULA Y A
D/O ASHWATHAPPA
AGED ABOUT 25 YEARS
STAFF NURSE,
68. SHAMSHIRA BANU
D/O BASHA SAB
AGED ABOUT 25 YEARS
STAFF NURSE
9
69. SAVITHA R
D/O RAMACHANDRAPPA
AGED ABOUT 25 YEARS
STAFF NURSE,
70. LEELAVATHI S
D/O SHIVAPPA,
AGED ABOUT 25 YEARS
STAFF NURSE
71. CHAITHRA C N
W/O DILEEP KUMAR K P
AGED ABOUT 29 YEARS
STAFF NURSE,
72. SOWMYA SUDHA N R
W/O BALASUBRAMANYAM
AGED ABOUT 29 YEARS
STAFF NURSE,
73. ASHARANI K
D/O KARIYAPPA
AGED ABOUT 26 YEARS
STAFF NURSE,
74. SOWMYA P
D/O D H PRAKASH
AGED ABOUT 27 YEARS
STAFF NURSE,
75. ANJINEYA K H
S/O NAGANNA
AGED ABOUT 24 YEARS
STAFF NURSE,
76. GEETHA R
D/O GUDDARANGAPPA G
AGED ABOUT 24 YEARS
STAFF NURSE,
77. LOKESH B C
S/O CHANNAIAH
AGED ABOUT 39 YEARS
10
STAFF NURSE,
78. CHANDRAKANTH PUJAR
S/O PUJAR,
AGED ABOUT 28 YEARS
STAFF NURSE
79. RAZIYA BEGUM P
D/O NAZEER SAB,
AGED ABOUT 23 YEARS
STAFF NURSE,
80. KAMALAMMA C
D/O.CHIKARANGAPPA,
AGED ABOUT 38 YEARS
STAFF NURSE,
81. RAJESH C DODDAMANI
S/O.CHANDRASHEKAR,
AGED ABOUT 29 YEARS
STAFF NURSE,
82. HONAMMA
D/O.BORANNA,
AGED ABOUT 32 YEARS
STAFF NURSE,
83. RANJEETH KUMAR P
S/O PUTTA SWAMY
AGED ABOUT 25 YEARS,
STAFF NURSE,
84. GANGAMANI B R
W/O.SANJAY C,
AGED ABOUT 31 YEARS
STAFF NURSE,
85. SHASHI REKHA S
D/O.SOMASHEKARAPPA,
AGED ABOUT 23 YEARS
STAFF NURSE,
86. SHOBHA R K
W/O NAVEEN P,
11
AGED ABOUT 40 YEARS
STAFF NURSE,
87. N M DEEPIKA
D/O MOHAN NAIK
AGED ABOUT 25 YEARS
STAFF NURSE,
88. RADHA D T
D/O.THIPPESWAMY,
AGED ABOUT 24 YEARS
STAFF NURSE,
89. GEETHA M
W/O.SHANMUKHA K K ,
AGED ABOUT 31 YEARS
STAFF NURSE,
90. RADHAMMA B
D/O BASAPPA, H,
AGED ABOUT 32 YEARS
STAFF NURSE,
91. KAVYA NAIK
D/O VENKATARAMAN NAIK,
AGED ABOUT 25 YEARS
STAFF NURSE,
92. PARVATHAMMA C M
W/O.RANGANATHA S B ,
AGED ABOUT 31 YEARS
STAFF NURSE,
93. LATHA S.S.
D/O SHIVANNA S.N.
AGED ABOUT 29 YEARS
STAFF NURSE,
94. SANDHYA KUMARI. M
D/O MANJUANTH S
AGED ABOUT 24 YEARS
STAFF NURSE,
95. GIREESHA L
12
S/O LATE LINGA RAJE GOWDA
AGED ABOUT 30 YEARS
STAFF NURSE
96. DURGAPPA PADASALI
S/O BHIMAPPA
AGED ABOUT 31 YEARS
STAFF NURSE,
97. S.B. RANGANATH A
S/O BASAVARAJU
AGED ABOUT 30 YEARS
STAFF NURSE,
98. RAJESHWARI
D/O SIDARAMAIAH T .K
AGED ABOUT 27 YEARS
STAFF NURSE,
99. NETHRAVATHI
D/O JAGAPPA
AGED ABOUT 29 YEARS
STAFF NURSE,
100. ROOPA L
D/O LAKSHMI KANTHAPPA
AGED ABOUT 27 YEARS
STAFF NURSE,
101 SHIVALEELA N.K
D/O NINGAPPA
AGED ABOUT 25 YEARS
STAFF NURSE,
102. SOMINA VARGHESE
D/O VARGHESE
AGED ABOUT 37 YEARS
STAFF NURSE,
103. T.L. RAJAMMA
W/O S.D. RANGANATH
AGED ABOUT 36 YEARS
STAFF NURSE,
13
104. UMADEVI T
D/O RANGANATH B
AGED ABOUT 25 YEARS
STAFF NURSE,
105. THRIVENI P
D/O PALA NAYAK
AGED ABOUT 28 YEARS
STAFF NURSE,
106. KALAVATHI D R
D/O RAMAPPA T
AGED ABOUT 29 YEARS
STAFF NURSE
107. KAVITHAKUMARI M
W/O CHANDRA RAJU
AGED ABOUT 34 YEARS
STAFF NURSE
108. RASHMI
D/O MANJE GOWDA
AGED ABOUT 23 YEARS
STAFF NURSE
109. LATHAMMA
W/O GOPI
AGED ABOUT 30 YEARS
STAFF NURSE
110. MANJULA O
D/O OBANNA
AGED ABOUT 28 YEARS
STAFF NURSE
111. KAVITHA R H
D/O HANUMANTHAPPA
AGED ABOUT 27 YEARS
STAFF NURSE
112. GEETHA B S
D/O SOMANNA B K
AGED ABOUT 29 YEARS
STAFF NURSE
14
113. PALLAVI C
D/O CHANDRAPPA
AGED ABOUT 26 YEARS
STAFF NURSE
114. VASUNDARA N
D/O NANJUDNAPPA
AGED ABOUT 27 YEARS
STAFF NURSE
115. SOMAMMA
D/O KEMPAIAHA
AGED ABOUT 37 YEARS
STAFF NURSE
116. SAMPATH KUMARI N
D/O NARASIMHAIAH
AGED ABOUT 27 YEARS
STAFF NURSE
117. DEEPASHREE J P
D/O PUTTA HANUMAIAH B
AGED ABOUT 28 YEARS
STAFF NURSE
118. REKHA D S
D/O DHANANJAYA B S
AGED ABOUT 22 YEARS
STAFF NURSE
119. ARCHANA R A
D/O ANJANEYA
AGED ABOUT 22 YEARS
STAFF NURSE
120. SHASHIKALA T N
W/O PANDURANGHE GOWDA
AGED ABOUT 29 YEARS
STAFF NURSE
121. MAHALAKSHMI
D/O PUTTA NANJAIAH
AGED ABOUT 29 YEARS
15
STAFF NURSE,
122. MANJULA S T
W/O UMA LINGESH
AGED ABOUT 25 YEARS
STAFF NURSE
123. SHAMASHAD BEGUM WALIKAR
D/O MAHEBOOB SAB
AGED ABOUT 35 YEARS
STAFF NURSE
124. GEETHAMMA D
W/O PRASANNA KUMAR T
AGED ABOUT 34 YEARS
STAFF NURSE
125. RUPA C
D/O CHELUVA
AGED ABOUT 25 YEARS
STAFF NURSE
126. RAHUL SUJAN
S/O SUJANA KUMAR G S
AGED ABOUT 26 YEARS
STAFF NURSE
127. PRASANTH V
S/O VIJAYKUMAR
AGED ABOUT 35 YEARS
STAFF NURSE,
128. USHA M
D/O MANJANNA
AGED ABOUT 27 YEARS
STAFF NURSE,
129. KOCHURANI VARGHESE
D/O VARTHESE
AGED ABOUT 33 YEARS
STAFF NURSE ,
16
130. MANJULA H
D/O HUCHAPPA
AGED ABOUT 30 YEARS
STAFF NURSE
131. ANUPAMA J R
W/O VENKATESH V
AGED ABOUT 32 YEARS
STAFF NURSE
132. SHRUTHI N
D/O NAGAPPA,
AGED ABOUT 26 YEARS
STAFF NURSE,
133. KAVITHA R
W/O MANJUNATHA D
AGED ABOUT 28 YEARS
STAFF NURSE,
134. VANISHREE N B
D/O BASAVARAJU
AGED ABOUT 23 YEARS
STAFF NURSE,
135. SHARADHA H
W/O SHIVU
AGED ABOUT 39 YEARS
STAFF NURSE,
136. MADHULATHA V
W/O VIJAYA KUMAR K
AGED ABOUT 30 YEARS
STAFF NURSE,
137. SHWETHA K A
W/O NAVEEN K M
AGED ABOUT 27 YEARS
STAFF NURSE,
138. KAVITHA C I
D/O CHANDRASHEKAR
AGED ABOUT 26 YEARS
STAFF NURSE,
17
139. SHIVAMMA M N
W/O PARAMESH D D
AGED ABOUT 30 YEARS
STAFF NURSE,
140. VEENA V
W/O NAGARAJU K B
AGED ABOUT 32 YEARS
STAFF NURSE,
141. SUDHA S R
D/O RANGASWAMY
AGED ABOUT 21 YEARS
STAFF NURSE,
142. LAKSHMI B
D/O BHIMANNA
AGED ABOUT 24 YEARS
STAFF NURSE,
143. MAHALAKSHMI P
D/O PUTTANANJAIAH
AGED ABOUT 28 YEARS
STAFF NURSE,
144. MAHALAKSHMI T R
D/O THIPPESWAMY
AGED ABOUT 25 YEARS
STAFF NURSE,
145. MAHENDRA KUMAR
S/O. MURTHY S K,
AGED ABOUT 34 YEARS
STAFF NURSE,
146. SHAILAJA
D/O. SRINIVASAPPA,
AGED ABOUT 24 YEARS
STAFF NURSE,
147. SOUMYA H N
D/0. NAGARAJ,
AGED ABOUT 26 YEARS
18
STAFF NURSE,
148. VEENA N
D/O. NAGAPPA,
AGED ABOUT 25 YEARS
STAFF NURSE,
149. GANGALAKSHMI G
D/O. GANGAIAH,
AGED ABOUT 24 YEARS
STAFF NURSE,
150. SOUJANYA S
W/O. PRASANNA KUMAR K,
AGED ABOUT 24 YEARS
STAFF NURSE,
151. SUJATHA K R
D/O. RANGA RAMAIAH,
AGED ABOUT 24 YEARS
STAFF NURSE,
152. MANJI BAI
W/O. CHITRA INGA H,
AGED ABOUT 27 YEARS
STAFF NURSE,
153. DAKSHAYINI V
D/O. VENKATARAMANAIAH,
AGED ABOUT 41 YEARS
STAFF NURSE,
154. NAGARATHNAMMA
D/O. MAHADEVSWAMY,
AGED ABOUT 23 YEARS
STAFF NURSE,
155. ABHILASHA S
D/O. SIDDAPPA S,
AGED ABOUT 28 YEARS
STAFF NURSE,
156. G. MANGALA GOWRAMMA
D/O. CHALUVAIAH,
19
AGED ABOUT 27 YEARS
STAFF NURSE,
157. ARUN V
S/O. A R VENKATESHAIAH,
AGED ABOUT 27 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
158. NAVEEN KUMAR C H
S/O HUCHAIAH C.H.
AGED ABOUT 25 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
159. C.R.VISHWANATH
S/O C.ANATHA REDDY,
AGED ABOUT 30 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
160. OBANNA B
S/O BORAIAH,
AGED ABOUT 37 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
161. NAGARAJU.S
S/O SIDDACHAR,
AGED ABOUT 42 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
162. MAHANTESH MATH
S/O IRAYYA,
AGED ABOUT 26 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
163. SARASWATHI
D/O MALLAPPA,
AGED ABOUT 28 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
164. VIKAS KUMAR N.S.
S/O SIDDARAMAYYA,
AGED ABOUT 28 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
165. DARASHAN KUMAR A.R.
20
S/O RAMACHANDRAPPA,
AGED ABOUT 28 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
166. SWAPNA RAMESH
D/O YESUPATHAM,
AGED ABOUT 32 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
167. DEEPA N
D/O NARAYAN.V
AGED ABOUT 30 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
168. SRINIVAS K
S/O KRISHNAMURTHY V
AGED ABOUT 29 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
169. GOURISH HOSAMANI
S/O ASHOK HOSAMANI,
AGED ABOUT 27 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
170. GEETHA VITTAL MANTOOR
D/O VITTAL MANTOOR,
AGED ABOUT 27 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
171. HARISH P.V.
S/O VENKATESH P
AGED ABOUT 29 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
172. JAYASHREE HEGDE
D/O GANAPAHI HEGDE,
AGED ABOUT 29 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
173. ASWATHAMA P
S/O PANDURANGAPPA R
AGED ABOUT 39 YEARS
JUNIOR MEDICAL LAB TECHNOLOGIST,
21
ALL THE PETITIONERS WORKING
IN KIDWAI CANCER INSTITUTE /
KIDWAI MEMORIAL INSTITUTE OF
ONCOLOGY, DR. M H MARIGOWDA ROAD
BANGALORE - 560029.
... PETITIONERS
(BY SRI. SHAILENDRA M R, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
MEDICAL EDUCATION DEPT.
M.S.BUILDING,
DR.AMBEDKAR VEEDHI,
BANGALORE-560 001.
2. THE DIRECTOR OF MEDICAL
EDUCATION IN KARNATAKA,
ANANDA RAO CIRCLE,
BANGALORE-560 009.
3. KIDWAI CANCER INSTITUTE/
KIDWAI MEMORIAL INSTITUTE
OF ONCOLOGY,
DR.M.H.MARIGOWDA ROAD,
BANGALORE-560 029.
...RESPONDENTS
(BY SRI. VIJAY KUMAR A. PATIL, AGA FOR R1 & R2;
SRI. ARAVIND V. CHAVAN, ADVOCATE FOR R3)
THESE WRIT PETITIONS ARE FILED UNDE ARTICLE
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE E-PROCUREMENT TENDER NOTIFICATION
DTD:24.8.2017 [ANNEXURE-L] ISSUED BY THE R-3 AS
BEING ARBITRARY AND ILLEGAL.
22
THESE PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though matters are listed for 'Hearing on Interlocutory Application', by consent of learned Advocates appearing for parties they are taken up for final disposal in view of subsequent development that has arisen namely, third respondent having issued notification dated 22.05.2018 - Annexure-R notifying the conduct of competitive examination to the eligible B.Sc. Nursing/GNM Diploma/ B.Sc./Diploma in OT/RD Medical Lab, B.Sc./Diploma Pharmacy, M.Sc. in Medical Lab Technology for being created for the post of Staff Nurse/Technicians/Pharmacist in third respondent - Institute.
2. Heard the learned Advocates appearing for parties namely, Sri.M.R.Shailendra appearing for petitioners, Sri.M.V.Sheshachala, learned Senior Counsel appearing on behalf of Sri.Aravind V. Chavan for respondent No.3 and Sri. Vijaykumar A. Patil, 23 learned AGA appearing for respondents 1 and 2. It would emerge from the pleadings that third respondent- Institute had issued a e-Procurement Tender Notification dated 24.08.2017 - Annexure-L for outsourcing staff for the posts of Staff Nurse, Junior Medical Laboratory Technologies, Medical Imaging Technologist fixing the last date as 11.09.2017. This Court while issuing notice to respondents on 22.09.2017 had directed third respondent not to proceed further pursuant to e-Procurement Tender Notification dated 24.08.2017-Annexure-L. It is submitted by Sri.M.V.Sheshachala, learned Senior Counsel appearing for third respondent that on account order of stay being in operation, no application has been received from applicants and as such, third respondent
- Institute resorted to take steps to obtain approval of staff pattern for appointment on regular basis and in this regard sanction of posts came to be obtained and pursuant to same notification dated 22.05.2018 - Annexure-R has been issued calling for applications from candidates.
24
3. Contention of the petitioners in these petitions is they have been discharging their duties in the third respondent - Institute having been appointed in the year 2008 onwards on contract basis, which has been extended from year to year and State Government also granted approval for regularization of services of contract employees on certain conditions, who were working in various medical institutions coming under the medical department and the name of third respondent also having been included in the Government Order dated 14.03.2013 - Annexure-K, third respondent - institute neither can take recourse to outsourcing the appointment of staff for the posts of Staff Nurse/Lab Technicians, etc. or resort to direct recruitment by ignoring the claim of petitioners for being regularized. Hence, Sri.M.R.Shailendra, learned counsel appearing for petitioners has sought for quashing of e-Procurement Tender Notification dated 24.08.2017 - Annexure-L and as such, has sought for 25 stay of notification dated 22.05.2018-Annexure-R produced along with I.A.No.2/2018.
4. The fact remains that petitioners herein have submitted representations to respondents herein on - 05.09.2017 as per Annexure-O, P and Q requesting thereunder that they should be regularized to the posts in which they are discharging their duties and said representations have not been examined or disposed of by the third respondent.
5. Coordinate Bench of this Court in W.P.Nos.15599-600/2012 and connected matters by order dated 13.07.2012 had an occasion to examine similar prayer of petitioners therein, who had been appointed as adhoc teachers in different institutions across the State including the institutions which were admitted to grant-in-aid and having examined the claim of petitioners therein, a direction was issued to the respondents therein to redo the process of selection by extending service weightage to the petitioners and similarly placed candidates therein. Said order came to 26 be assailed by one of the respondents in W.A.No.5127/2012 and connected matters and Division Bench by order dated 28.02.20132 while dismissing the appeals and affirming the view expressed by the learned Single Judge reiterated that Principals and Teachers would be entitled for service weightage, subject to such candidates having appeared for combined competitive examinations held on 24.07.2017 to 27.07.2011. A further observation was also made by the Division Bench that appellant/society therein should accommodate the Principals/Teachers after giving service weightage, if they are selected without disturbing the candidates who have already been selected or appointed.
6. In that view of the matter, third respondent - Institute without examining the claim of petitioners cannot be heard to state that claim of petitioners is to be ignored in-toto or is not required to be examined at all. However, it would suffice if liberty is granted to the petitioners herein to submit a representation afresh 27 enclosing the representations already submitted for considering their claim for being appointed under the impugned notification dated 22.05.2018 Annexure-R by extending the service weightage, if any and if permissible, in view of judgment of this Court rendered by the learned Single Judge as affirmed by Division Bench, which is noticed hereinabove. Hence, granting liberty to the petitioners to submit representation to third respondent - Institute within three (3) days from today, a further direction is issued to third respondent to consider, examine and adjudicate said representation, if submitted by petitioners and pass orders within one (1) week thereafter and the outcome of such adjudication shall be intimated to the petitioners. In the event of petitioners' grievance not being addressed favourably by respondents, petitioners would be at liberty to challenge the same in the manner known to law. With this observation, these petitions stand disposed of.
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In view of writ petitions having been disposed of, pending applications does not survive for consideration and same stands rejected.
SD/-
JUDGE DR