Karnataka High Court
H A Honne Gowda vs State Of Karnataka on 28 November, 2018
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28th DAY OF NOVEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
Writ Petition Nos.53211-53358 OF 2015 (S-RES)
C/W
Writ Petition Nos.41845-41848 of 2016
& 41859-41865 of 2016 (S-RES),
Writ Petitions Nos.58516-58533 of 2015 (S-RES),
Writ Petitions Nos.58535-58559 of 2015 (S-RES),
Writ Petitions Nos.33612-33634 of 2016 (S-RES),
Writ Petitions Nos.58358-58389 OF 2015 (S-RES)
IN W.P.Nos.53211-53358 OF 2015
BETWEEN:
1. H.A.HONNE GOWDA
S/O AMASE GOWDA
AGED ABOUT 34 YEARS
WORKING AS STAFF NURSE
2. G.S.RAGHAVENDRA
S/O SHANKARACHAR
AGED ABOUT 34 YEARS
WORKING AS STAFF NURSE
3. M.S. THEJESWARA
S/O SHIVAMURTHY
AGED ABOUT 36 YEARS
WORKING AS STAFF NURSE
4. MRS. H.K. VISHALA
D/O KRISHNE GOWDA
2
AGED ABOUT 34 YEARS
WORKING AS STAFF NURSE
5. MRS.RANJANI
W/O RAJESH HEGDE
AGED ABOUT 37 YEARS
WORKING AS STAFF NURSE
6. M.R. NAVEEN KUMAR
S/O B.S. RAMU
AGED ABOUT 35 YEARS
WORKING AS STAFF NURSE
7. M.R. MANJULA
W/O K.R. MAHESH
AGED ABOUT 36 YEARS
WORKING AS STAFF NURSE
8. MRS. G.K. HEMALATHA
W/O R. HANUMANTHAIAH
AGED ABOUT 36 YEARS
9. H.G. VENKATESH
S/O LATE H.M. GANGAHUCHAIAH
AGED ABOUT 37 YEARS
WORKING AS STAFF NURSE
10. MRS. M.N. MANJULA
W/O LAXMINARAYANA
AGED ABOUT 34 YEARS
WORKING AS STAFF NURSE
11. MRS. M.P. REKHA
W/O GURUBASAIAH
AGED ABOUT 31 YEARS
WORKING AS STAFF NURSE
12. MRS.K.C. MANGALA
W/O SHADAKSHARAIAH
3
AGED ABOUT 34 YEARS
WORKING AS STAFF NURSE
13. MRS.C MALLAMMA
W/O M.RUDRAPPA,
AGED ABOUT 36 YEARS,
WORKING AS STAFF NURSE
14. MRS. C N SHOBA
W/O BASAVARAJU,
AGED ABOUT 35 YEARS,
WORKING AS STAFF NURSE
15. MRS. BINI
W/O K.P.SAIJU,
AGED ABOUT 40 YEARS,
WORKING AS STAFF NURSE
16. MRS. M.M.ARATHI
W/O R.V.RAVI,
AGED ABOUT 39 YEARS,
WORKING AS STAFF NURSE
17. MRS. SHASHIKALA
W/O PARAMESHA,
AGED ABOUT 33 YEARS,
WORKING AS STAFF NURSE
18. MRS. K.T. SHALINI
W/O CHETHAN,
AGED ABOUT 31 YEARS,
WORKING AS STAFF NURSE
19. MRS. B.M.MADHURA
W/O ANIL KUMAR,
AGED ABOUT 34 YEARS,
WORKING AS STAFF NURSE
20. MRS. JOYCE MISQUITH
4
D/O JOSEPH MISQUITH,
AGED ABOUT 29 YEARS,
WORKING AS STAFF NURSE
21. SIDDARAMAPPA BIRADAR
S/O LAXMAN,
AGED ABOUT 31 YEARS,
WORKING AS STAFF NURSE
22. ARUN RAJ
S/O P.K.ABRAHAM,
AGED ABOUT 28 YEARS,
WORKING AS STAFF NURSE
23. BASAIAH KUTTUR MATT
S/O MURIGEYYA,
AGED ABOUT 36 YEARS,
WORKING AS STAFF NURSE
24. R.W. UMESH KUMAR
S/O RAMACHANDRA WADEKAR,
AGED ABOUT 35 YEARS,
WORKING AS STAFF NURSE
25. MRS M L SONY
W/O M.RAJA
AGED ABOUT 33 YEARS
WORKING AS STAFF NURSE
26. C G NAGARAJ
S/O C S GURUMURTHY
AGED ABOUT 34 YEARS
WORKING AS STAFF NURSE
27. MOHAN R CHAWAN
S/O RAMESHAPPA CHAWAN
AGED ABOUT 30 YEARS
WORKING AS STAFF NURSE
5
28. B SOMASHEKAR
S/O B OBANNA
AGED ABOUT 34 YEARS
WORKING AS STAFF NURSE
29. MRS MAHADEVAMMA
W/O KRISHNA NAYAK
AGED ABOUT 34 YEARS
WORKING AS STAFF NURSE
30. MANJUNATHA
S/O HANUMANTHAPPA BADIGAR
AGED ABOUT 31 YEARS
WORKING AS STAFF NURSE
31. DAYANAND
S/O GOLLAPPA HOSAMANI
AGED ABOUT 29 YEARS
WORKING AS STAFF NURSE
32. S K PARAMESHWARAPPA
S/O KARIYAPPA
AGED ABOUT 32 YEARS
WORKING AS STAFF NURSE
33. MRS P T MANJULA
W/O A D GIRISHA
AGED ABOUT 38 YEARS
WORKING AS STAFF NURSE
34. SHIVARAJ HEBBAL
S/O MALLAPPA HEBBAL
AGED ABOUT 29 YEARS
WORKING AS STAFF NURSE
35. MRS H C GAYATHRI
D/O CHALUVARAJU
AGED ABOUT 32 YEARS
WORKING AS STAFF NURSE
6
36. M R HARISH
S/O RAVIKUMAR
AGED ABOUT 29 YEARS
WORKING AS STAFF NURSE
37. MRS D M DRAKSHAYINI
D/O MANJEGOWDA
AGED ABOUT 28 YEARS
WORKING AS STAFF NURSE
38. H V LOKESH
W/O H G VEERABHADRAPPA
AGED ABOUT 31 YEARS
WORKING AS STAFF NURSE
39. MRS P E MAMATHA
W/O SOMASHEKARA
AGED ABOUT 32 YEARS
WORKING AS STAFF NURSE
40. RAGHAVENDRA Y KANCHI
S/O MALLAPPA YANKANCHI
AGED ABOUT 35 YEARS
WORKING AS STAFF NURSE
41. MRS R RATHNAMMA
W/O LATHESH KUMAR
AGED ABOUT 34 YEARS
WORKING AS STAFF NURSE
42. MRS S G SAVITHA
W/O M D PRAKASH
AGED ABOUT 35 YEARS
WORKING AS STAFF NURSE
43. N DIVAKAR
S/O K N NILAPPA
AGED ABOUT 35 YEARS
7
WORKING AS STAFF NURSE
44. MRS Y T BHAGYALAKSHMI
D/O THAMAIAH
AGED ABOUT 33 YEARS
WORKING AS STAFF NURSE
45. SURESH B SAJJAN
S/O BASAPPA SAJJAN
AGED ABOUT 31 YEARS
WORKING AS STAFF NURSE
46. MRS M C ANITHA
W/O PRAKASH, AGED ABOUT 32 YEARS
WORKING AS STAFF NURSE
47. MRS MARRY KITTUR
D/O RAYAPPA KITTUR
AGED ABOUT 34 YEARS
WORKING AS STAFF NURSE
48. MRS C R MAMATHA
W/O BHANUPRAKASH
AGED ABOUT 29 YEARS
WORKING AS STAFF NURSE
49. MRS K S DEEPASHREE
W/O SURESH ,
AGED ABOUT 39 YEARS,
WORKING AS STAFF NURSE
50. MRS S D SHOBA
W/O SUBHAS B DODDAMANI
AGED ABOUT 30 YEARS,
WORKING AS STAFF NURSE
51. MRS M KAVITHA
W/O P P MOHAN
AGED ABOUT 33 YEARS,
8
WORKING AS STAFF NURSE
52. MRS M LATHA
W/O KALLESH
AGED ABOUT 27 YEARS,
WORKING AS STAFF NURSE.
53. MRS. A A VANI
W/O LOKESH
AGED ABOUT 33 YEARS,
WORKING AS STAFF NURSE.
54. MRS K V SHANTHAKUMARI
D/O VEERAPRAKASHAPPA
AGED ABOUT 35 YEARS,
WORKING AS STAFF NURSE.
55. MRS S VEENA
D/O SUBRAMANYA
AGED ABOUT 34 YEARS,
WORKING AS STAFF NURSE.
56. MRS R NANDINI
W/O VEERABHADRAIAH
AGED ABOUT 32 YEARS,
WORKING AS STAFF NURSE.
57. MRS G M ANITHA
W/O A K SRINIVAS
AGED ABOUT 32 YEARS,
WORKING AS STAFF NURSE
58. MRS C CHITHRA
D/O CHIKKARANGAPPA
AGED ABOUT 30 YEARS,
WORKING AS STAFF NURSE.
59. B GIREESHA
S/O B BASAVARAJ
9
AGED ABOUT 30 YEARS,
WORKING AS LAB TECHNOLOGIST
60. MRS VEDAVATHI
W/O H R RANGANATH
AGED ABOUT 34 YEARS,
WORKING AS LAB TECHNOLOGIST
61. B E SHIVAKUMAR
S/O ERAIAH
AGED ABOUT 32 YEARS,
WORKING AS LAB TECHNOLOGIST
62. B.B. CHANDRA
S/O BHUVANESHAPPA
AGED ABOUT 30 YEARS,
WORKING AS LAB. TECHNOLOGIST.
63. V. MOHAN KUMAR
S/O G. VISHWANATH,
AGED ABOUT 39 YEARS,
WORKING AS LAB. TECHNOLOGIST.
64. VIJAYAKUMAR PATIL
S/O SANGANAGOUD,
AGED ABOUT 28 YEARS,
WORKING AS LAB. TECHNOLOGIST.
65. MRS. G. UMA
W/O KARIBASAVAIAH,
AGED ABOUT 28 YEARS,
WORKING AS LAB. TECHNOLOGIST.
66. MRS. T. GAYATHRI
W/O T. MALLIKARJUNA,
AGED ABOUT 42 YEARS,
WORKING AS LAB. TECHNOLOGIST.
67. MRS. T. LAXMIDEVI
10
W/O K.T. DEVARAJU,
AGED ABOUT 36 YEARS,
WORKING AS LAB. TECHNOLOGIST.
68. T. NATARAJ
S/O JAGANATHAPPA,
AGED ABOUT 36 YEARS,
WORKING AS LAB. TECHNOLOGIST.
69. G.B. HARISH KUMAR
S/O M. BYRAIAH,
AGED ABOUT 38 YEARS,
WORKING AS LAB. TECHNOLOGIST.
70. K.P.ALAKURASWAMY
S/O PAPANNA,
AGED ABOUT 29 YEARS,
WORKING AS LAB. TECHNOLOGIST.
71. H.V.MAHESH KUMAR
S/O VEERAMADHU,
AGED ABOUT 35 YEARS,
WORKING AS LAB. TECHNOLOGIST.
72. MRS. LAXMIBAI KUMAREESHI
W/O DEVARAJU,
AGED ABOUT 31 YEARS,
WORKING AS LAB. TECHNOLOGIST.
73. MRS. N. ANITHA LAXMI
W/O BHANU PRAKASH,
AGED ABOUT 29 YEARS,
WORKING AS LAB. TECHNOLOGIST.
74. MRS SHAILASHREE TELAGADE
W/O SATERI,
AGED ABOUT 26 YEARS,
WORKING AS LAB TECHNOLOGIST.
11
75. S HEMANNA
S/O SANNAMALAIAH,
AGED ABOUT 39 YEARS,
WORKING AS LAB TECHNOLOGIST.
76. MRS ITTIGUDI NIRMALA
W/O N M UJJAPPA,
AGED ABOUT 30 YEARS,
WORKING AS LAB TECHNOLOGIST.
77. MRS NAGALAKSHMI
W/O M PRAVEEN KUMAR,
AGED ABOUT 27 YEARS,
WORKING AS LAB TECHNOLOGIST.
78. MRS G SHASHIKALA
W/O KUMAR,
AGED ABOUT 33 YEARS,
WORKING AS LAB TECHNOLOGIST.
79. MRS C HELEN MEGDALINE
W/O J TOPAZ WESLEY,
AGED ABOUT 38 YEARS,
WORKING AS LAB TECHNOLOGIST.
80. H R VINAY KUMAR
S/O RAMAIAH,
AGED ABOUT 26 YEARS,
WORKING AS LAB TECHNOLOGIST.
81. SANTOSH K RATHOD
S/O KESHAPPA,
AGED ABOUT 28 YEARS,
WORKING AS LAB TECHNOLOGIST.
82. MRS P L RUKMANI
W/O B RAVIKUMAR,
AGED ABOUT 36 YEARS,
WORKING AS LAB TECHNOLOGIST.
12
83. MRS M ZEENATH
W/O M B ZAMEER,
AGED ABOUT 30 YEARS,
WORKING AS LAB TECHNOLOGIST.
84. K MARAPPA
S/O KARIYANNA,
AGED ABOUT 28 YEARS,
WORKING AS LAB TECHNOLOGIST.
85. MRS K S GEETHA
W/O K H MOHAN,
AGED ABOUT 31 YEARS,
WORKING AS LAB TECHNOLOGIST.
86. MRS NASEEMA
W/O MUZAYABASHA,
AGED ABOUT 26 YEARS,
WORKING AS LAB TECHNOLOGIST.
87. MRS N T NIRMALA
W/O OBANNA,
AGED ABOUT 30 YEARS,
WORKING AS LAB ASSISTANT/ATTENDER
88. MRS E C DIVYA
D/O S CHINNAIAH,
AGED ABOUT 35 YEARS,
WORKING AS LAB ASSISTANT/ATTENDER
89. YOGASHETTY
S/O VENKATASHETTY,
AGED ABOUT 37 YEARS,
WORKING AS LAB ASSISTANT/ATTENDER
90. JAGADEESHA
S/O VEERANNA,
AGED ABOUT 32 YEARS,
13
WORKING AS LAB ASSISTANT/ATTENDER.
91. MRS YASHODAMMA
W/O SESHASHETTY,
AGED ABOUT 39 YEARS,
WORKING AS LAB ASSISTANT/
ATTENDER.
92. MRS H CHANDRIKA
D/O HONNAMMA,
AGED ABOUT 35 YEARS,
WORKING AS LAB ASSISTANT/ ATTNDER,
93. H N SREENIVASA
S/O LATE NINGAIAH,
AGED ABOUT 38 YEARS,
WORKING AS LAB ASSISTANT/
ATTENDER.
94. H J DEVARAJAPPA
S/O H.JAVARAPPA,
AGED ABOUT 44 YEARS,
WORKING AS LAB ASSISTANT/
ATTENDER.
95. MRS D K KRISHNAVENI
W/O D.T.SWAMY,
AGED ABOUT 41 YEARS,
WORKING AS LAB ASSISTANT/
ATTENDER.
96. MRS G E ANITHA
W/O R.S.DEVARAJACHARI,
AGED ABOUT 33 YEARS,
WORKING AS LAB ASSISTANT/
ATTENDER.
97. MRS D J SOWMYA
D/O JAVARAIAH,
14
AGED ABOUT 29 YEARS,
WORKING AS LAB ASSISTANT/
ATTENDER.
98. MRS RATHNAMMA
C/O GIDDEGOWDA,
AGED ABOUT 38 YEARS,
WORKING AS LAB ASSISTANT/
ATTENDER.
99. MRS P SHANTHAMMA
W/O JAYANNA,
AGED ABOUT 41 YEARS,
WORKING AS LAB ASSISTANT/
ATTENDER.
100. MRS G V PRAMEELA
D/O L.VENKATESH,
AGED ABOUT 26 YEARS,
WORKING AS LAB ASSISTANT/
ATTENDER.
101. MRS SYEDA ZAR NIGAR
W/O NAYAZ AHMEED,
AGED ABOUT 29 YEARS,
WORKING AS LAB ASSISTANT/
ATTENDER.
102. C RAGHAVENDRA
S/O N.CHIKKANNA,
AGED ABOUT 32 YEARS,
WORKING AS LAB ASSISTANT/
ATTENDER
103. M.K.BASAVARAJ
S/O K.A.DURGAPPA,
AGED ABOUT 35 YEARS,
WORKING AS DISSECTION HALL/ATTENDER.
15
104. K.P.YOGESH
S/O PUTTASWAMY GOWDA,
AGED ABOUT 33 YEARS,
WORKING AS DRIVER.
105. U.N.MADHUSUDAN
S/O NARAYANAPPA,
AGED ABOUT 33 YEARS,
WORKING AS DRIVER.
106. MRS. S.LEELA
W/O RAVIKUMAR,
AGED ABOUT 38 YEARS,
WORKING AS DIALYSIS TECHNICIAN.
107. MRS. ASHA BAI
D/O MUKUNDA NAIK,
AGED ABOUT 28 YEARS,
WORKING AS DIALYSIS TECHNICIAN.
108. MRS. B.M.ANUSUYA
D/O MARIYAYYA,
AGED ABOUT 28 YEARS,
WORKING AS DIALYSIS TECHNICIAN
109. SANTHOSHA KUMAR
S/O KRISHNE GOWDA,
AGED ABOUT 28 YEARS,
WORKING AS DIALYSIS TECHNICIAN.
110. MRS.B.NETHRAVATHI
W/O J.N.HARISH KUMAR,
AGED ABOUT 28 YEARS,
WORKING AS O.T. TECHNICIAN
111. MRS.SUJATHA
W/O RAVIKUMAR,
AGED ABOUT 37 YEARS,
WORKING AS O.T. TECHNICIAN
16
112. SHANMUKHA
S/O LATE MALLESHA GOWDA,
AGED ABOUT 50 YEARS,
WORKING AS FIRST DIVISION ASSISTANT
113. MRS.H.G.ANITHA
D/O LATE N.H.GOPALA,
AGED ABOUT 28 YEARS,
WORKING AS FIRST DIVISION ASSISTANT.
114. S.NAZEEM FASHA
S/O SHAFFULLA,
AGED ABOUT 31 YEARS,
WORKING AS FIRST DIVISION ASSISTANT.
115. D.Y.CHANDER SHEKAR
S/O YEGESHA,
AGED ABOUT 30 YEARS,
WORKING AS FIRST DIVISION ASSISTANT.
116. MRS.RENUKA
W/O B.S. KALAIAH,
AGED ABOUT 38 YEARS,
WORKING AS FIRST DIVISION ASSISTANT.
117. MRS.N.L.SUMAVATHI
W/O SHEKAR,
AGED ABOUT 43 YEARS,
WORKING AS FIRST DIVISION ASSISTANT
118. B.T.DINESH KUMAR
S/O THEGAPPA SHETTY,
AGED ABOUT 29 YEARS,
WORKING AS FIRST DIVISION ASSISTANT.
119. MRS. K.R.REENA
D/O H.S. MANJUNATHA,
AGED ABOUT 32 YEARS,
17
WORKING AS FIRST DIVISION ASSISTANT.
120. B.S.SUNIL
S/O B.G.SHIVARAM,
AGED ABOUT 30 YEARS,
WORKING AS FIRST DIVISION ASSISTANT.
121. MRS.P.RAMYA
D/O PARMESHA,
AGED ABOUT 24 YEARS,
WORKING AS SECOND DIVISION ASSISTANT.
122. B.K.ESHWAR KUMAR
AGED ABOUT 37 YEARS,
S/O B.R.KRISHANA RAJU,
WORKING AS SECOND DIVISION ASSISTANT.
123. H.J.ISHAR PASHA
S/O JAMARATH SHARIFF,
AGED ABOUT 26 YEARS
WORKING AS SECOND DIVISION ASSISTANT.
124. RAVITEJA
S/O SWAMY,
AGED ABOUT 30 YEARS,
WORKING AS SECOND DIVISION ASSISTANT
125. B.S.YOGESHWARA
S/O B.N.RANGA,
AGED ABOUT 27 YEARS,
WORKING AS SECOND DIVISION ASSISTANT
126. P.BALAJI
S/O PRASAD,
AGED ABOUT 28 YEARS,
WORKING AS SECOND DIVISION ASSISTANT
127. MRS.K.V.LEELAVATHI
C/O MALLESHA,
18
AGED ABOUT 29 YEARS,
WORKING AS SECOND DIVISION ASSISTANT.
128. MRS.L.ROHINI
D/O LINGAIAH,
AGED ABOUT 28 YEARS,
WORKING AS SECOND DIVISION ASSISTANT.
129. MRS.T.CHANDRAKALA
D/O THAMMIAH,
AGED ABOUT 37 YEARS,
WORKING AS SECOND DIVISION ASSISTANT,
130. MRS.GNANESHWARI
C/O AMRUTHAMMA,
AGED ABOUT 30 YEARS,
WORKING AS STENOGRAPHER.
131. MRS.S.THARA
D/O K.SIDDANNAIAH,
AGED ABOUT 28 YEARS,
WORKING AS STENOGRAPHER.
132. MRS.S.MAMATHA
W/O NAVEENA,
AGED ABOUT 28 YEARS,
WORKING AS STENOGRAPHER.
133. D.K.HANUMANTHE GOWDA
S/O D.R.KENCHA,
AGED ABOUT 34 YEARS,
WORKING AS DENTAL TECHNICIAN.
134. ASHOK M RATHOD
D/O SHANKAR RATHOD,
AGED ABOUT 34 YEARS,
WORKING AS DENTAL TECHNICIAN.
135. MRS.B.C.SUNITHA
19
W/O H.K.SUBRAMANYA,
AGED ABOUT 38 YEARS,
WORKING AS MRT,
136. S.P.HEMANTHKUMAR
S/O PADMANABHA NAYAK,
AGED ABOUT 27 YEARS,
WORKING AS MRT.
137. D.R.NAGESH
S/O D.RAMAKRISHNAPPA,
AGED ABOUT 36 YEARS,
WORKING AS REFRACTIONIST.
138. K.SRINIVASA
S/O KODANDARAMA,
AGED ABOUT 35 YEARS,
WORKING AS DARK ROOM ASSISTANT.
139. D.RAMESH BABU
S/O MALLESHA,
AGED ABOUT 36 YEARS,
WORKING AS DARK ROOM ASSISTANT.
140. MRS T Y VINITHA
D/O YOGESHA
AGED ABOUT 29 YEARS,
WORKING AS DARK ROOM ASSISTANT,
141. LAXMAN TALWAR
S/O VITTAL TALWAR
AGED ABOUT 25 YEARS
WORKING AS WORKSHOP WORKER
142. N R DINESHKUMAR
S/O M R RANGABOVI
AGED ABOUT 29 YEARS,
WORKING AS WORKSHOP WORKER
20
143. S BALAJI
S/O B H SHYAM
AGED ABOUT 30 YEARS,
WORKING AS X RAY TECHNICIAN
144. N KARTHIK
S/O NAGANNA SHETTARU
AGED ABOUT 32 YEARS,
WORKING AS X RAY TECHNICIAN
145. MADHUSUDAN NAYAK
S/O DUNDA NAYAK
AGED ABOUT 28 YEARS,
WORKING AS X RAY TECHNICIAN
146. H G SUNIL
S/O R GUNDAPPA
AGED ABOUT 41 YEARS,
WORKING AS ASSISTANT LIBRARIAN
147. M GIRISH
S/O M CHANDRASHEKAR
AGED ABOUT 38 YEARS,
WORKING AS ARTIST/MODELER
148. MRS VIJAYALAXMI KUDUCHI
W/O DR RAVICHIKKANNA
AGED ABOUT 33 YEARS,
WORKING AS PHYSIOTHERAPIST
SL.NO.1 TO 148 ARE ALL
WORKING IN HASSAN INSTITUTE OF MEDICAL SCIENCE,
HASSAN - 573 201,
HASSAN DISTRICT. ... PETITIONERS
(BY SRI.M.NAGA PRASANNA, ADV.)
21
AND:
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH AND
FAMILY (MEDICAL EDUCATION)
VIKAS SOUDHA
DR.AMBEDKAR VEEDHI
BENGALURU - 560 001
2. HASSAN INSTITUTE OF MEDICAL
SCIENCES A SOCIETY REGISTERED
UNDER THE PROVISIONS OF THE
KARNATAKA SOCIETIES REGISTRATION
ACT,1960 REPRESENTED BY ITS
DIRECTOR AND MEMBER SECRETARY,
HASSAN - 573 201
HASSAN DISTRICT ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1;
SRI.T.SESHAGIRI RAO, ADV. FOR R2)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER
OF THE R-1/GOVERNMENT DTD 19.11.2015 (UNDER ANNX-Z TO
THE W.P.) BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI
AND ISSUE A WRIT IN THE NATURE OF MANDAMUS TO THE
RESPONDENTS TO CONFIRM THE SERVICES OF THE
PETITIONERS IN THE POSTS THAT THEY ARE HOLDING AS ON
DATE FORTHWITH AND GRANT ALL SERVICE BENEFITS THAT
FLOW FROM THE ORDER OF SUCH CONFIRMATION.
In W.P.Nos.41845-41848 of 2016 &
41859-41865 of 2016
BETWEEN:
1. MEENAKSHI B
22
AGED 27 YEARS,
MEDICAL RECORD WORKER,
C/O. NATARAJ,
S/O. NARASIMHAGOWDA,
HARALAHALLY, VIDYANAGAR POST,
HASSAN TALUK,
HASSAN DISTRICT.
2. T.R. SHEELA
AGED 29 YEARS,
ASST. LIBRARIAN,
C/O. NATARAJ,
S/O. NARASIMHAGOWDA,
HARALAHALLY, VIDYANAGAR POST,
HASSAN TALUK,
HASSAN DISTRICT.
3. LAKSHMI P
AGED 30 YEARS,
WORKSHOP WORKER,
W/O.SURESH T (KEB)
MALLAPPANAHALLI ROAD,
VIDYUT NAGAR,
HOLENARASIPURA TALUK,
HASSAN DISTRICT.
4. R.ARAVINDA
AGED 40 YEARS,
DRIVER,
GANDHINAGAR,
H.N. PURA ROAD,
HASSAN-573 201.
5. M. MAHESH
AGED 40 YEARS,
MEDICAL LAB TECHNICIAN,
NO.581, KHB EXTENSION,
SATYAMANGALA,
HASSAN.
23
6. JYOTHI KAMBLE
AGED 29 YEARS,
STAFF NURSE,
GANDHINAGAR,
H.N. PURA ROAD,
HASSAN - 573 201.
7. AJITH R.SRISIKAR
S/O RAMACHANDRA SIRSIKAR
AGED ABOUT 28 YEARS,
FDC,
SHRAHANANDAGALLI,
SIRSI - 581 401,
U.K. DISTRICT.
8. SAVITHA T.K.
AGED 27 YEARS,
O.T. TECHNICIAN,
D/O. KEMPEGOWDA,
TURUBARAHALLI,
BINDIGANAVILE,
NAGAMANGALA TALUK,
MANDYA DISTRICT.
9. MRLINA
D/O. JAMES KUMAR,
AGED 34 YEARS,
C/O. VIVIAN RICHARD,
NO.573, MANJUNATHA NILAYA,
GULLAMMA ROAD, 3RD MAIN,
K.K. HALLI, ST. THOMAS POST,
BANGALORE-560 084.
10. SIDDHALINGESH
AGED 35 YEARS,
S/O. RUDRAYYA HIREMATH,
NIDAGUNDI POST,
BHAGEWADI TALUK,
24
BIJAPURA DISTRICT.
11. SIDDALINGAIAH HIREMATH
AGED 33 YEARS,
S/O. VEERAIAH,
R/AT CHIKKASINDAGI,
SINDAGI TALUK,
BIJAPURA. ... PETITIONERS
(BY SRI.SACHIN B S, ADV)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
HEALTH AND FAMILY WELFARE,
MEDICAL EDUCATION DEPARTMENT,
VIKASA SOUDHA,
BANGALORE - 560 001
2. HASSAN INSTITUTE OF MEDICAL SCIENCES
A SOCIETY REGISTERED UNDER THE
PROVISIONS OF KARNATAKA SOCIETIES
REGISTRATION ACT, 1960,
REPRESENTED BY ITS DIRECTOR AND MEMBER
SECRETARY,
HASSAN DISTRICT,
HASSAN-573 201.
... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1;
SRI.T.SESHAGIRI RAO, ADV. FOR R2)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 19.11.2015 PASSED BY R-1, AT
ANNEX-A TO THE EXTENT OF CANCELLING THE MERIT LIST
WHICH WAS PUBLISHED, BASED ON THE DECISION TAKEN ON
25
07.02.2011 VIDE ANNEX-H BY R-2 INSTITUTION ON 11TH
ADMINISTRATIVE COMMITTEE MEETING AND PERMITTING THE
307 NON-TEACHING STAFF IN R-2 INSTITUTION TO CONTINUE
IN SERVICE TILL FRESH APPOINTMENT IS MADE.
In W.P.Nos.58516-58533 of 2015
BETWEEN:
1. GOPAL R
AGED ABOUT 41 YEARS,
S/O LATE R RANGAPPA,
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN.
2. VEERABHADRA P B
AGED ABOUT 45 YEARS,
S/O LATE BASAVAIAH,
LAB ASSISTANT/ATTENDER
HASSAN INSTITUTE OF MEDICAL
SCIENCES, HASSAN.
3. DEVARAJAPPA H R
AGED ABOUT 45 YEARS,
S/O RAMAIAH,
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN.
4. SMT JABEEN TAJ
AGED ABOUT 46 YEARS,
W/O RIAZ PASHA,
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN.
5. MADHU H D
26
AGED ABOUT 28 YEARS,
S/O C DYAVEGOWDA,
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN.
6. KRISHNA M S
AGED ABOUT 42 YEARS,
S/O LATE SONNEGOWDA,
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN.
7. SANTHOSH M L
AGED ABOUT 33 YEARS,
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN.
8. SATHISHA J L
AGED ABOUT 36 YEARS,
S/O NINGE GOWDA J N
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN.
9. RAJASHEKARA
AGED ABOUT 39 YEARS,
S/O THOPEGOWDA
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN.
10. SMT GIRIJAMANI T
AGED ABOUT 40 YEARS,
W/O CHANDRE GOWDA
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN.
27
11. MANJUNATHA G M
AGED ABOUT 40 YEARS,
S/O GANGAIAH
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN.
12. NAGARAJA
AGED ABOUT 40 YEARS,
S/O GOVINDRAJU
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN.
13. SANTHOSHA M H
AGED ABOUT 32 YEARS,
S/O HALE GOWDA,
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN.
14. SHESHASHETTY G K
AGED ABOUT 43 YEARS,
S/O KENCH SHETTY ,
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN.
15. JAYARAMA H C
AGED ABOUT 35 YEARS,
S/O CHANNE GOWDA,
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN.
16. SMT BHAGYA
AGED ABOUT 39 YEARS,
W/O VENKATESHWARAPPA,
28
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN.
17. SMT.MANJULAMMA C N
AGED ABOUT 44 YEARS,
W/O RAVI S K
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN.
18. PANDU S R
AGED ABOUT 30 YEARS,
S/O LATE RANGE GOWDA,
LAB ASSISTANT/ ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN. ... PETITIONERS
(BY SRI.S V NARASIMHAN, ADV.)
AND:
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND
FAMILY WELFARE
(MEDICAL EDUCATION),
VIKAS SOUDHA,
DR AMBEDKAR VEEDHI,
BANGALORE - 560 001
2. HASSAN INSTITUTE OF MEDICAL SCIENCES
(A SOCIETY REGISTERED UNDER THE
PROVISIONS OF THE KARNATAKA SOCIETIES
ACT 1961),
REPRESENTED BY ITS DIRECTOR &
MEMBER SECRETARY,
HASSAN - 573 201 ... RESPONDENTS
29
(BY SRI.E.S.INDIRESH, AGA FOR R1;
SRI.T.SESHAGIRI RAO, ADV. FOR R2)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER OF THE R-1 DTD.19.11.2015 AT ANNEX-Y, BY ISSUE
OF WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT OR ORDER, AS THE CASE MAY BE, TO
CONFIRM THE SERVICES OF THE PETITIONERS IN THE POSTS
THAT THEY ARE HOLDING AS ON THE DATE FORTHWITH AND
GRANT ALL SERVICE BENEFITS THAT FLOW FROM THE ORDER
OF SUCH CONFIRMATION.
In W.P. Nos.58535-58559 of 2015
BETWEEN:
1. ASHOK KUMAR T K
AGED ABOUT 28 YEARS
S/O KUMAR
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
2. KUCHELA S
AGED ABOUT 33 YEARS
S/O SHIVANNA
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
3. NANDISH H N
AGED ABOUT 30 YEARS
S/O NAGARAJ H K
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
30
4. MOHAN KUMAR
AGED ABOUT 30 YEARS
S/O SWAMY GOWDA M
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
5. VASANTHA NAIKA S
AGED ABOUT 30 YEARS
S/O BAHYA NAIKA
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
6. SMT. BHAGYA LAXMI H R
AGED ABOUT 30 YEARS
D/O RAMEGOWDA
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
7. ROOPA T J
AGED ABOUT 29 YEARS
D/O JAYARAM
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
8. PAVITRA B K
AGED ABOUT 29 YEARS
D/O KASI GOWDA
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
9. SMT. KOUSAR BHANU
AGED ABOUT 27 YEARS
W/O IRFAN K N
STAFF NURSE
31
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
10. SMT.CHANDRAMMA Y S
AGED ABOUT 31 YEARS
D/O SHIVAPPA
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
11. SMT.ARPITHA
AGED ABOUT 30 YEARS
W/O KUMAR K S
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
12. SMT.ANUPAMA S
AGED ABOUT 32 YEARS
W/O MURTHY G N
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
13. SMT JAYANTHY
AGED ABOUT 29 YEARS
W/O HARISH D R
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
14. SMT. KALAVATHI E
AGED ABOUT 30 YEARS
D/O EREGOWDA
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
15. SMT. MAHESHWARI U S
32
AGED ABOUT 38 YEARS
W/O YOGESH K C
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
16. SMT.PUSHPALATHA S
AGED ABOUT 38 YEARS
W/O MANJUNATH
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
17. SMT.PREMA D K
AGE ABOUT 38 YEARS
W/O HARISH H E
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
18. SMT JYOTHI MAMATHA
AGED ABOUT 38 YEARS
D/O MARI JOSEPH
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
19. SMT SUNITHA
AGED ABOUT 33 YEARS
W/O ANNAPPA
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
20. SMT. NETHRA B N
AGED ABOUT 37 YEARS
W/O VIJAY KUMAR
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
33
HASSAN
21. SMT INDUMATHI N T
AGED ABOUT 38 YEARS
W/O SWANTHNTHRTHIAH
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
22. SMT.DHARMAMMA
AGED ABOUT 40 YEARS
D/O RANGEGOWDA
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
23. SMT SHOBHA
AGED ABOUT 41 YEARS
W/O SHANKARAPPA
STAFF NURSE
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
24. SRI ANANTHARAM
AGED ABOUT 52 YEARS
W/O NARAYANA T
ARTIST/MODULAR
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN
25. SRI BHANUMATHI
AGED ABOUT 50 YEARS
W/O HARISH
LIBRARIAN
HASSAN INSTITUTE OF MEDICAL SCIENCES
HASSAN ... PETITIONERS
(BY SRI.S V NARASIMHAN, ADV.)
34
AND:
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH AND FAMILY
WELFARE
(MEDICAL EDUCATION)
VIKAS SOUDHA
DR.AMBEDKAR VEEDHI
BANGALORE-560 001
2. HASSAN INSTITUTE OF MEDICAL SCIENCES
(A SOCIETY REGISTERED UNDER THE
PROVISIONS OF THE KARNATAKA SOCIETIES ACT 1961)
REPRESENTED BY ITS DIRECTOR AND
MEMBER SECRETARY
HASSAN -573 201 ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1;
SRI.T.SESHAGIRI RAO, ADV. FOR R2)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER OF THE R-1 GOVERNMENT DTD.19.11.2015 AT
ANNEX-X BY ISSUE OF WRIT IN THE NATURE OF CERTIORARI
OR ANY OTHER APPROPRIATE WRIT OR ORDER, AS THE CASE
MAY BE, TO CONFIRM THE SERVICES OF THE PETITIONERS IN
THE POSTS THAT THEY ARE HOLDING AS ON THE DATE
FORTHWITH AND GRANT ALL SERVICE BENEFITS THAT FLOW
FROM THE ORDER OF SUCH CONFIRMATION.
Writ Petitions Nos.33612-33634 of 2016
BETWEEN:
1. SMT.VANITHA M
D/O MALLESHAPPA M L
AGED ABOUT 33 YEARS
35
ASSOCIATE LIBRARIAN
HASSAN INSTITUTE OF MEDICAL SCIENCES,
MALLA GOWDANA HALLY,
MOVONUR(POST)
SHANTHIGRAMA(H)
HASSAN DISTRICT
2. SMT.SHYLAJA P M
D/O MUNI GOWDA,
AGED ABOUT 37 YEARS
ASSISTANT LIBRARIAN
HASSAN INSTITUTE OF MEDICAL SCIENCES,
PAMANA HALLY,
HANUMATHAPURA,
HASSAN TALUK & DISTRICT
3. SMT SUDHA H M
D/O H V MANJUNATHA,
AGED ABOUT 38 YEARS
C/O MANIKANTA,
DODDAKARADI ROAD,
RUKMINI SILK HOUSE BUILDING,
I FLOOR, HASSAN -573 201
4. SMT.CHETHANA KUMARI D
W/O MOHAN KUMAR R K
AGED ABOUT 33 YEARS
STAFF NURSE,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
III MAIN, VII CROSS,
HEMAVATHI NAGAR,
HASSAN
5. SRI.MOHAN KUMAR R K
S/O KARI GOWDA,
AGED ABOUT 40 YEARS
X-RAY TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
III MAIN, 7TH CROSS,
36
HEMAVATHI NAGAR,
HASSAN
6. SRI.ASHWATH H R
S/O H T RAMYAPPA,
AGED ABOUT 44 YEARS,
MEDICAL LABORATORY TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
NO.345, LAKSHMI NILAYA,
NEAR ENGINEERING LADIES HOSTEL,
VIDYA NAGAR,
HASSAN - 573 201
7. SMT.NIRMALA H S
D/O H M SOMESHWARA
AGED ABOUT 42 YEARS
DARK ROOM ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
JANDAL CROSS,
BAGEVALU POST,
H N PURA TALUK,
HASSAN DISTRICT
8. SRI.SREENIVASAIAH K V
S/O VENKATAIAH,
AGED ABOUT 43 YEARS
LAB ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
KODUVATHI,
AMBRUTHMURU(H)
KUNIGAL TALUK,
TUMKUR DISTRICT
9. SRI.CHETHAN PRASAD P
S/O LATE PRASAD,
AGED ABOUT 36 YEARS,
LAB ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
MISSION COMPOUND,
37
KOMAGERE POST,
KOLLEGAL TALUK,
CHAMARAJANAGAR DISTRICT.
10. SRI. MALLANAYAKA B
S/O LATE BASAVA NAYAKA,
AGED ABOUT 38 YEARS,
LAB ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
PALYA POST, KOLLEGAL TALUK,
CHAMARAJANAGARA DISTRICT.
11. SRI. VENKATACHALA,
S/O LATE THIMMASHETTY,
AGED ABOUT 44 YEARS
DISSECTION HALL ATTENDER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
NEAR VASAVI CONVENT,
CHOWDESHWARI STREET,
HOLENARASIPURA TALUK,
HASSAN DISTRICT.
12. SRI. ANNE GOWDA
S/O LATE SANNABASAVEGOWDA
AGED ABOUT 41 YEARS,
LAB ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
ADLIMANE ROAD,
RAJKUMAR NAGAR,
HASSAN.
13. SRI. RAVI K.H
S/O LATE HANUMAIAH,
AGED ABOUT 40 YEARS,
LAB ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
KARAGAD POST, BELUR TALUK,
HASSAN DISTRICT.
38
14. SMT. MANGALA G.S
W/O PRABHUDEV
AGED ABOUT 43 YEARS
RECORD KEEPER/CLERK,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
DOOR NO.848/4, SHREYAS NILAYA,
SHANKARIPURAM,
HASSAN-573201.
15. SMT. GEETHA S.H
W/O NARAYANA SWAMY
AGED ABOUT 37 YEARS,
SECOND DIVISION ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
NO.313/3, SRI. DHARMA SHATHRA NILAYA,
10TH CROSS, K.R. PURAM,
HASSAN-573 201.
16. SMT. BHAVYA
D/O SHANTHE GOWDA,
AGED ABOUT 27 YEARS,
SECOND DIVISION ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
NORTHERN EXTN., II ROAD,
HASSAN - 573 201.
17. SMT.ANITHA A ANGELINE
W/O MOHAN,
AGED ABOUT 34 YEARS,
SECOND ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
RAKSHANA PURAM,
II CROSS, ADITHYA NILAYA,
HASSAN - 573 201
18. SRI.JANARDHAN S B
S/O. L. BASAPPA,
AGED ABOUT 34 YEARS,
SECOND DIVISION ASSISTANT,
39
HASSAN INSTITUTE OF MEDICAL SCIENCES,
SINGAPORE VILLAGE,
ALUR TALUK, HASSAN DISTRICT
19. SRI.RAVI KUMAR T R
S/O. RAMASHETTY,
AGED ABOUT 32 YEARS,
SECOND DIVISION ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
CHOWDESHWARI STREET,
HOLENARASIPURA TALUK,
HASSAN DISTRICT
20. SMT.KANTHI U A
W/O. G.NAGARAJ T,
AGED ABOUT 44 YEARS,
STORE KEEPER/CLERK,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
NO.124, SRI. SAI NILAYA,
VISVESHWARAIAH EXTENSION,
BEHIND PETROL PUMB,
HASSAN - 573 201
21. SMT. PAVITHRA T
W/O. RAMACHANDRA R,
AGED ABOUT 31 YEARS,
F D A,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
NO. 12, SHREE GURU, VI CROSS,
60 FEET ROAD, VINOBHA NAGAR,
SHIMOGA - 577 201
22. SMT.LEELAVATHI K
D/O LATE. KARIGOWDA,
AGED ABOUT 36 YEARS,
F D A,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
NO.1043, SHIVA KRUPA, ALUVALLI,
HASSAN - 573 201.
40
23. SRI.HEMANTH KUMAR S R
S/O. RANGASWAMY K,
AGED ABOUT 33 YEARS,
F D A,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
LIG 277, 24TH CROSS,
KUVEMPU NAGAR, HASSAN - 573 201.
... PETITIONERS
(BY SRI.SHAILENDRA M R, ADV.)
AND:
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
(MEDICAL EDUCATION),
VIKAS SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001
2. HASSAN INSTITUTE OF MEDICAL SCIENCES
(A SOCIETY REGISTERED UNDER THE
PROVISIONS OF THE KARNATAKA
SOCIETIES ACT 1961),
REPRESENTED BY ITS DIRECTOR &
MEMBER SECRETARY,
HASSAN - 573 201 ... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1;
SRI.T.SESHAGIRI RAO, ADV. FOR R2)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER OF THE R-1 GOVERNMENT DTD:19.11.2015 AT
ANNEXURE-S BY ISSUE OF WRIT IN THE NATURE OF
41
CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER, AS
THE CASE MAY BE TO CONFIRM THE SERVICES OF THE
PETITIONERS IN THE POSTS THAT THEY ARE HOLDING AS ON
THE DATE FORTHWITH AND GRANT ALL SERVICE BENEFITS
THAT FLOW FROM THE ORDER OF SUCH CONFIRMATION.
Writ Petitions Nos.58358-58389 Of 2015
BETWEEN:
1. ANNASWAMY
AGED ABOUT 42 YEARS,
S/O DYAVEGOWDA,
FIRST DIVISION ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
2. SMT. SHOBHA B P
AGED ABOUT 42 YEARS,
W/O CHANDRASHEKAR D
FIRST DIVISION ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
3. KIRENKUMAR T S
AGED ABOUT 38 YEARS,
S/O SHIVANNA R,
FIRST DIVISION ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
4. SMT. VEENA B R
AGED ABOUT 52 YEARS,
W/O LATE UMESH CHANDRA M.S.
FIRST DIVISION ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
42
5. SMT.SAVITHA
AGED ABOUT 32 YEARS,
W/O DEEPAK Y,
FIRST DIVISION ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
6. SMT. VEENA H K
AGED ABOUT 40 YEARS,
W/O LATE CHANDRU C M,
FIRST DIVISION ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
7. SMT. SANDHYARANI K
AGED ABOUT 32 YEARS,
W/O PURUSHOTAM K C
FIRST DIVISION ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
8. SMT. JAYALAKSHMAMMA
AGED ABOUT 33 YEARS,
W/O AMARESH,
FIRST DIVISION ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
9. ANANTHA H S
AGED ABOUT 41 YEARS,
W/O SRIKANTA,
SECOND DIVISION ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
10. SMT. NAGARATHNA L N
AGED ABOUT 41 YEARS,
SECOND DIVISION ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
43
HASSAN - 573 201.
11. SMT. VANITHA N M
AGED ABOUT 36 YEARS,
W/O KIRANKUMAR P
SECOND DIVISION ASSISTANT,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
12. DHARMAPRAKASH G M
AGED ABOUT 41 YEARS,
S/O MAVINAKERE GOWDA,
LAB TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
13. PARTHASARATHI
AGED ABOUT 42 YEARS,
S/O THIMMEGOWDA,
LAB TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
14. SATHISH N L
AGED ABOUT 42 YEARS,
S/O LAKKANNA GOWDA,
LAB TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
15. LOKESHA M A
AGED ABOUT 46 YEARS,
S/O ANNEGOWDA,
LAB TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
16. SMT. BHAGYA
AGED ABOUT 41 YEARS,
44
S/O GOVIDE GOWDA,
LAB TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
17. SMT. VIJAYA
AGED ABOUT 42 YEARS,
S/O SHIVEGOWDA P K,
LAB TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
18. SIDDARAJU
AGED ABOUT 42 YEARS,
S/O LATE GIRI GOWDA,
LAB TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
19. MOHAMMED ZAKIR HUSSAIN
AGED ABOUT 44 YEARS,
S/O LATE ABDUL AMEER KHAN,
LAB TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
20. PRAVEEN KUMAR K
AGED ABOUT 30 YEARS,
S/O KRISHNE GOWDA,
LAB TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
21. ANIL M S
AGED ABOUT 33 YEARS,
S/O SHANKARAIAH M D
LAB TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
45
22. SMT. PRABHIBHA H K
AGED ABOUT 38 YEARS,
O.T. TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
23. SHANKARE GOWDA
AGED ABOUT 44 YEARS,
S/O LATE KARI GOWDA,
O.T. TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
24. NANDISHA G K
AGED ABOUT 39 YEARS,
S/O KENCHEGOWDA,
X-RAY TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
25. SMT. KALAVATHY D R
AGED ABOUT 29 YEARS,
W/O MANJE GOWDA,
X-RAY TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
26. MAHESHA K A
AGED ABOUT 35 YEARS,
S/O ANANTHAIAH J
MEDICAL RECORD WORKER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
27. NOWSHAD PASHA
AGED ABOUT 40 YEARS,
S/O MOHD. HUSSAIN,
PHYSIOTHERAPIST,
46
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
28. SMT. MAHALAKSHMI S
AGED ABOUT 35 YEARS,
W/O MANJE GOWDA,
WORKSHOP WORKER,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
29. RAME GOWDA
AGED ABOUT 40 YEARS,
S/O BASAVE GOWDA,
LAB TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
30. MOHAMMED NAZEEMULLA H N
AGED ABOUT 43 YEARS,
S/O H S MOHAMMAD NASRULLA,
LAB TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
31. SMT. SAVITHA T C
AGED ABOUT 40 YEARS,
W/O ANAND KUMAR,
LAB TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201.
32. SMT. ANITHA J
AGED ABOUT 40 YEARS,
W/O VIJAYAKUMAR KOUJALAGI,
LAB TECHNICIAN,
HASSAN INSTITUTE OF MEDICAL SCIENCES,
HASSAN - 573 201. ... PETITIONERS
(BY SRI.S V NARASIMHAN, ADV.)
47
AND:
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE
(MEDICAL EDUCATION), VIKAS SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. HASSAN INSTITUTE OF MEDICAL SCIENCES
(A SOCIETY REGISTERED UNDER THE PROVISIONS
OF THE KARNATAKA SOCIETIES ACT 1961)
REPRESENTED BY ITS DIRECTOR & MEMBER SECRETARY,
HASSAN - 573 201.
... RESPONDENTS
(BY SRI.E.S.INDIRESH, AGA FOR R1;
SRI.T.SESHAGIRI RAO, ADV. FOR R2)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER OF THE R-1 GOVERNMENT DATED 19.11.2015 VIDE
ANN-Z, TO CONFIRM THE SERVICES OF THE PETITIONERS IN
THE POSTS THAT THEY ARE HOLDING AS ON THE DATE
FORTHWITH AND GRANT ALL SERVICE BENEFITS THAT FLOW
FROM THE ORDER OF SUCH CONFIRMATION.
THESE PETITIONS COMING ON FOR PRONOUNCEMENT OF
ORDER THIS DAY AFTER HAVING HEARD AND RESERVED FOR
ORDER ON 09.10.2018, THE COURT MADE THE FOLLOWING:
48
ORDER
The writ petitions except W P Nos.41845-48 & 41859- 865/w2016 are filed challenging the order dated 19.11.2015 passed by the State Government canceling the entire recruitment and appointment took place pursuant to notification dated 9.9.2009 and also directing process for fresh recruitment and till that point of time to continue the petitioners in their respective posts. W P Nos.41845-48 & 41859-865/2016 are filed challenging cancellation of merit list based on a decision dated 7.2.2011 in 11th Administrative Committee Meeting and permitting 307 non-teaching employees to continue.
2. The facts of the case to be stated in brief are that Hassan Institute of Medical Sciences came to be registered under Karnataka Societies Registration Act as an autonomous body. Thereafter the Institute framed Hassan Institute of Medical Sciences Rules & Regulations 2005 and Hassan Institute of Medical Sciences Bye-laws. Based on the powers conferred on the Governing Council, the Governing Council of the Institute also framed Hassan Institute of Medical Sciences (Pay, 49 Recruitment, Conditions of Service & Miscellaneous Provisions) Rules, 2005. The Government allotted funds and approved recruitment of staff of various levels from 2006-07 till 2010-11 by the order dated 7.9.2006, with concurrence of the Finance Department dated 2.8.2006.
3. The Institute issued en employment notification dated 18.6.2007 to fill up various non-teaching posts, followed by another notification dated 13.8.2008 to fill up non-teaching as well as teaching posts.
4. The above two notifications were questioned by the employees who were working on consolidated pay in the institute in W P No.13483/2008 & connected matters and this Court by the order dated 11.2.2009 disposed of the writ petitions permitting the institute to withdraw the above notifications as submitted by them and to issue fresh notifications.
5. Accordingly, fresh notification dated 9.9.2009 came to be issued by the institute notifying bifurcation of vacancies in terms of reservation orders of the Government. After the 50 selection process, appointment orders were issued on 9.8.2010 and accordingly the selected candidates reported for duties in the institute.
6. By the order dated 26.8.2010 the Government of Karnataka canceled the entire recruitments made pursuant to notification dated 9.9.2009 and directed the institute to terminate all the petitioners from service.
7. The cancellation of appointment was the subject matter of W P No.27062/2010 and connected matters and this Court disposed of the writ petitions by the order dated 21.10.2010 read down the orders dated 26.8.2010 & 13.9.2010 as show cause notices, permitting the petitioners to file their objections and directing the State Government to pass appropriate order in accordance with law. However, the Government issued one more show cause notice dated 21.10.2010 for which the petitioners submitted their reply.
8. The Government did not pass orders on the objections made by the petitioners. However, provisional select list was 51 published on 25.5.2011 directing the petitioners to file objections. The said provisional select list was subject matter of challenge in W P No.19586-962/2011 and by the order dated 3.6.2011 the provisional select list was stayed. Further by the order dated 3.8.2011 in the same writ petitions, this Court passed an interim order directing that petitioners be taken back to duty as there was no order of termination, which order was complied by the Institute and accordingly the appointees pursuant to notification dated 9.9.2009 have been in employment of the Institute. Later by the order dated 19.12.2014, this Court disposed of W P No.19586-962/2011 directing the Government to consider the representations/objections given by the petitioners to the show cause notice and to pass an order.
9. The Director of the Institute furnished his reply to the Government recommending that the petitioners have been working in the institute close to 4 years then and petitioners should be continued in service as their services have been satisfactory by the communication dated 7.4.2015. The 52 Government filed interlocutory application in W P No.19586- 962/2011 and sought for time to consider objections and pass order and this Court granted time to the Government to do so.
10. Thereafter the government by the order dated 19.11.2015 canceled the appointments that took place pursuant to the notification dated 9.9.2009. It is stated in the said order that certain employees who were working on contract basis prior to initiation of recruitment process have been given grace marks to a large extent. Being aggrieved, these writ petitions are filed as aforesaid.
11. I have heard the learned counsel for the petitioners and the learned counsel for the respondents and perused the records.
12. The learned counsel for the petitioners other than in W PNo.41845-48 & 41859-865/2016 submit that appointments are duly made pursuant to notification dated 9.9.2009, the bifurcation of posts was done strictly following the roster operating in the State of Karnataka. Therefore, the reason to 53 pass the impugned order that there was no cadre and recruitment Rules is not sustainable. The other reason stated in the order that there is irregularity in awarding grace marks to contract employees is not sustainable for the reason that awarding of grace marks is strictly in accordance with the orders earlier passed by this Court in W P Nos.20204-20364/2011 disposed of on 13.7.2012 in the matter pertaining to teachers of Morarji Desai Residential Schools and therefore there is no irregularity or illegality in awarding the grace marks and therefore the said reason stated in the impugned order is also not sustainable.
13. Further learned counsel for the petitioners in W P Nos.53211-53358/2015 contends that they were not the contract employees earlier to the employment notification, they were not awarded grace marks and therefore even if there is irregularity or illegality in award of grace marks to such contract employees, the said reason is not applicable to them and the impugned order on the said reasoning in respect of the petitioners therein is not sustainable. The learned counsel 54 placed reliance on the decision in Union of India vs., Rajesh P U (2003) 7 SCC 285 to advance the contention that the persons who had been granted grace marks and which has been pointed out as illegality by the Government, could have been weeded out and the appointment of the petitioners, which is admittedly not coming in that category, there is no reason to cancel their appointment also. Relying upon decision in D.M Mudhol v. S D Halegkar, reported in (1993) 3 SCC 591, Rajesh Kumar v. State of Bihar, reported in (2013) 4 SCC 690 and Vikas Pratap Singh v. State of Chhattisgarh, reported in (2013) 14 SCC 494, it is submitted that the laws with regard to selection either illegal or irregular where the selected candidates have no role to play in such irregularity or illegality either direct or indirect, the selection of such candidates cannot be annulled on the ground that there has been some illegality in the conduct of selection process.
14. It is also submitted that petitioners are discriminated by canceling the recruitment pursuant to the notification dated 9.9.2009 in so far as it pertained to Hassan Institute of Medical 55 Sciences but the employees of Mysaore Medical College and Research Institute who were also on the same footing, are all confirmed in service and are made employees of the said institute by a decision of the governing council.
15. The learned counsel for the petitioners in W P Nos.41845-48 & 41859-41865/2016 contends that the respondents having found that there is illegality or irregularity in appointment of 307 vacant sanctioned posts, has committed an error in canceling the merit list prepared by the respondent No.2 without assigning any reason and permitting the appointees to continue till the fresh appointment is made. The first respondent ought to have proceeded to appoint the candidates whose name found in the merit list.
16. The learned counsel for the respondents submits that the respondent Government having considered the procedure adopted by the 2nd respondent suffers from irregularity and having noticed that the 2nd respondent having resorted to appoint without having Cadre & Recruitment Rules and without any provision under law, grace marks were given which is 56 opposed to Article 14 & 16 of the Constitution of India and therefore to put an end, the Government thought it fit to pass the order dated 19.11.2015 and the same being in accordance with law, writ petitions are liable to be dismissed.
17. I have given my anxious considerations to the contentions raised by the respective parties. Since the date of appointment, the parties are before this court for one reason or the other. By the first order dated 26.08.2010 the first respondent canceled the entire recruitment pursuant to notification dated 9.9.2009 and directed the institute to terminate all the appointees from service. The said order was challenged in W P No.27062/2010 & connected matters and this Court by the order dated 21.10.2010 read down orders dated 26.8.2010 & 13.9.2010 as show cause notices, permitted petitioners to file their objections and State Government was directed to consider the said objections and pass appropriate order. The appointees submitted their objections. The State Government instead of passing orders thereon, issued provisional select list on 25.5.2011, which was subject matter of 57 challenge in W P Nos.19586-962/2011 and by virtue of the interim direction dated 3.8.2011, the petitioners - appointees have been in employment. This court disposed of W P Nos.19586-962/2011, once again directing consideration of objections given by the petitioners. In the meanwhile, the Director of the Institute by his reply to the Government recommended continuation of the petitioners in service as their services have been satisfactory and they have already put in 4 years of service till then. The Government itself filed interlocutory application in W P Nos.19586-962/2011 and sought for time to consider the objections and to pass orders, which time was granted by this Court. The Government has passed the impugned order ultimately on the two grounds that there was no Cadre & Recruitment Rules and that though there is no provision to award grace marks, grace marks are awarded to the employees who were working on contract basis. The validity of the same has to be examined.
18. It is not in dispute that the posts to which the petitioners were appointed, belong to Group-C. While the 58 Hassan Institute of Medical Science was registered under the Societies Registration Act, 1960, it was registered along with Hassan Institute of Medical Sciences Rules & Regulations 2005 and Hassan Institute Medical Sciences Bye-laws, hereinafter referred to as `the Bye-laws'. In terms of the powers conferred upon the Governing Council, the Institute framed Hassan Institute of Medical Sciences (Pay, Recruitment, Conditions of Service and Miscellaneous Provisions) Rules, 2005, hereinafter referred to as `the Rules'. The recruitment in question has taken place in terms of the Pay and Recruitment Rules. Definitions are provided in Rule 2 of the Rules. In terms of Rule 2(c), Bye-law No.3(b) of the Bye-laws and Rule 2 of the Rules, the appointing authority for the post of Group `C' & `D', Technical posts, Ministerial posts, the Director of the Institute is the Appointing Authority. According to the Bye-laws, the authority to make appointments, is the Governing Council of the Institute. For convenience sake, Bye-law No.3(b) and Rule 2 of the Rules are extracted herein below:
"3(b) "Appointing Authority" means the authority which specified in respect of the particular post -59
Government in respect of Director, Chief
Administrative Officer and Financial advisor,
Governing Council in respect of Principal and Medical Superintendent, Professors, Associate Professors, Assistant Professors, Lecturers, Tutors, all Gazetted Officers and Director for Technical posts, Ministerial posts & Group-D officials".
"2. Appointment to the posts:
The Government shall make appointment to the post of Director, Chief Administrative Officer and Financial Advisor. The Governing Council shall make appointments to the other posts under Group `A' and Group `B'. The Director in respect of Group `C' & `D'.
Byelaw No.10(3)(e) is pertaining to functions of the Governing Council, which is also extracted herein below:
"(3) The Governing Council shall perform the following functions.
(3) To create posts and to take action for filling up of the posts, in accordance with Rules in this behalf." 60
As per Bye-law 10(3)(e) it is the function of the Governing Council to fill up posts in accordance with the Rules made in that behalf. Bye-law No.27 deals with formation of committees. It is clear from the records that under the bye-laws and Rules and Regulations of the Institute, Finance Committee comprising of Principal Secretary to the Government, Department of Health and Family Welfare did meet on 13.4.2010 and resolved to proceed with the recruitment in terms of the approval given by the Finance Department way back in 2006 for a period of 5 years till 2010-11 allocating budgetary provision. The finance committee took note of the fact of earlier approval of the Finance Department and resolved to proceed with the recruitment.
19. Except stating in the impugned order that there was no Cadre & Recruitment Rules and therefore the recruitment is vitiated, nothing is stated as to the applicability of the Recruitment Rules prevalent in the State of Karnataka and whether the same is not followed in the instant recruitment and that way it is vitiated. In the first place in view of the Rues and Regulations, Bye-laws and the Rules, 2005 dealing with the 61 various aspects of Cadres, their pay and their service conditions, the contention of the respondents that there was no Cadre & Recruitment Rules and by that the recruitment is vitiated cannot be accepted.
20. The second ground on which the recruitment and appointment of the petitioners is sought to be annulled is award of grace marks for the petitioners who were working on contract basis earlier to the recruitment. It is no more in dispute that the employees who were working on contract basis are entitled to grace marks on the basis of number of years service they have put in and also for age relaxation as per the orders of this Court in number of matters including the matter pertaining to Morarji Desai Residential School Teachers in W P Nos.20204 - 20364/2011 disposed of on 13.7.2012. Therefore, the reason that there was no provision to award grace marks to the employees who were on contract employment, is not sustainable. If it is the contention of the respondents that more grace marks are awarded than admissible, such an irregularity can be weeded out by reconsidering the said class of employees 62 who were appointed by award of grace marks by following the principles of natural justice, notifying them individually and hearing them and passing an appropriate order thereafter. The annulment of the entire selection and appointment for the reason that more grace marks are awarded in respect of contract employees, was not called for.
21. The Hon'ble Supreme Court in the case of Union of India v. Rajesh P.U reported in (2003) 7 SCC 285 was pleased to hold as follows in para-6.
"6. On a careful consideration of the contentions on either side in the light of the materials brought on record, including the relevant portions of the report said to have been submitted by the Special Committee constituted for the purpose of inquring into the irregularities, if any, in the selection of candidates, filed on our directions -0 which report itself seems to have been also produced for the perusal of the High Court - there appears to be no scope for any legitimate grievance against the decision rendered by the High Court. There seems to be no serious grievance of any malpractices as such in the process of the written examination - either by 63 the candidates or by those who actually conducted them. If the Board itself decided to dictate the questions on a loudspeaker in English and Hindi and none of the participants had any grievance in understanding them or answering them, there is no justification to surmise at a later stage that the time lapse in dictating them in different languages left any room or scope for the candidates to discuss among them the possible answers. The posting of invigilators for every ten candidates would belie any such assumptions. Even that apart, the Special Committee constituted does not appear to have condemned that part of the selection process relating to conduct of the written examination itself, except noticing only certain infirmities only in the matter of evaluation of answer-sheets with reference to correct answers and allotment of marks to answers of some of the questions. In addition thereto, it appears that the Special Committee has extensively scrutinized and reviewed the situation by re-evaluating the answer sheets of all the 134 successful as well as the 184 unsuccessful candidates and ultimately found that except 31 candidates found to have been declared successful and selected for appointment there was no infirmity whatsoever in the selection of the other successful candidates than the 31 identified 64 by the Special Committee. In the light of the above and in the absence of any specific or categorical finding supported by any concrete and relevant material that widespread infirmities of an all pervasive nature, which could be really said to have undermined the very process itself in its entirety or as a whole and it was impossible to weed out the beneficiaries of one or the other irregularities, or illegalities, if any, there was hardly any justification in law to deny appointment to the other selected candidates whose selections were not found to be, in any manner, vitiated for any one or the other reasons. Applying a unilaterally rigid and arbitrary standard to cancel the entirety of the selections despite the firm and positive information that except 31 of such selected candidates, no infirmity could be found with reference to others, is nothing but total disregard of relevancies and allowing to be carried away by irrelevancies, giving a complete go by to contextual considerations throwing to the winds the principle of proportionality in going further than what was strictly and reasonably to meet the situation. In short, the competent authority completely misdirected itself in taking such an extreme and unreasonable decision of canceling the entire selections, wholly unwarranted and unnecessary even 65 on the factual situation found too, and totally in excess of the nature and gravity of what was at stake, thereby virtually rendering such decision to be irrational."
22. The Hon'ble Supreme Court, in the case of Vikas Pratap Singh v. State of Chattisgarh reported in (2013) 14 SCC 494, held thus:
"26. In Budhi Nath Chaudhary v. Abahi Kumar (2001) 3 SCC 328) even though the appointments were held to be improper, this Court did not disturb the appointments on the ground that the incumbents had worked for several years and had gained experience and observed: (SCC p.331,para6) "6...We have extendedequitable considerations to such selected candidates who have worked in the post for a long period..." (See M.S. Mudhol v. S D Halegkar (1993) 3 SCC 591 and Tridip Kumar Dingal v. State of W.B (2009) 2 SCC (L & S) 119) ....66
28. In our considered view, the appellants have successfully undergone training and are efficiently serving the respondent State for more than three years and undoubtedly their termination would not only impinge upon the economic security of the appellants and their dependents but also adversely affect their careers. This would be highly unjust and grossly unfair to the appellants who are innocent appointees of an erroneous evaluation of the answer scripts. However, their continuation in service should neither give any unfair advantage to the appellants nor cause undue prejudice to the candidates selected qua the revised merit list."
23. In view of the decision in Rajesh P U's case, referred to supra, it is clear that the respondent has misdirected itself in taking such an extreme decision of canceling the entire selection and appointment, totally in excess of nature and gravity of what was at stake. The post to which the appointment was made, were bifurcated to different categories, financial concurrence was obtained and the appointment authority followed the definite procedure and made selection and appointment. Therefore, the first ground on which the appointments are sought to be 67 annulled that there was no cadre and recruitment rules was not available. The second ground is award of grace marks on the impression that there is no provision to award such grace marks. Award of grace marks is permissible in view of the orders of this court as already referred to above and if it is in excess of the admissible limit, the same will have to be redone, only to that class of employees, duly following the principles of natural justice. Out of the 307 petitioners, 107 posts are filled by among the contract employees and it was unwarranted to annul the entire selection and appointment.
24. It is also the contention of the petitioners that with regard to Mysore Medical College and Research Institute for the non-teaching staff pursuant to the very same notification dated 9.9.2009, there was a termination, who also questioned the same in W P No.27062/2010 and connected matters. In so far as those employees, they have been confirmed in service of Muysore Medical College & Research Institute and they are made permanent employees, but not in respect of Hassan Institute of Medical Science. It is not the case of the respondents that the 68 said employees of Mysore Medical College & Research Institute stood on a different footing. Therefore, it is a case where the respondent Government has adopted different standard in respect of same set of circumstances. In that view of the matter, the impugned action of the first respondent is not free from discrimination.
25. The initial orders of termination were read down as show cause notices and the respondent was directed to consider the objections of the petitioners and pass an appropriate order. Instead, the respondent issued a provisional select list, which was the subject matter of challenge before this Court. The same was questioned and once again the respondent was directed to consider the objections and to pass order. Now the impugned order is passed annulling the entire selection and appointment. The petitioners have been in the service of the respondent Institute since the year 2011. The Director, who is the appointing authority so far as the petitioners are concerned, has already submitted to the respondent that the services of the petitioners are satisfactory and they may be continued by 69 communication dated 7.4.2015. The impugned order is passed by the first respondent, who is not the appointing authority so far as the petitioners are concerned. It is to be noted here that the appointing authority is alone the competent authority to cancel the appointment. Therefore, the impugned order is not sustainable for more than one reasons as stated above.
For the above reasons, I am of the view that the impugned order is not sustainable in the eye of law. It is hereby quashed. However, the appointing authority is at liberty to reconsider the correctness or otherwise of award of grace marks as to number of marks so far as the contract employees are concerned, after following the due procedure of notifying and hearing them individually and pass appropriate order.
Accordingly, the writ petitions except W P Nos.41845-48 & 41859-865/2016 are allowed and these petitioners are entitled to all consequential service benefits. W P Nos.41845-48 & 41859-865/2016 are hereby dismissed.
Sd/-
JUDGE akd