Karnataka High Court
Dr Varun B R vs State Of Karnataka on 15 February, 2019
Author: L.Narayana Swamy
Bench: L.Narayana Swamy
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WAs No.32-54/2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2019
PRESENT
THE HON'BLE MR.L.NARAYANA SWAMY
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR
WRIT APPEALS No.32-54/2019 (EDN-RES)
BETWEEN:
1. DR. VARUN.B.R
S/O RENUKAPPA
AGED ABOUT 27 YEARS
RESIDING AT #40/41
JAGAJYOTHINAGAR 4TH CROSS
MEI LAYOUT WEST
NAGASANDRA POST
BANGALORE-560 073
2. DR. NISHANTH LAKSHMIKANTHA
S/O LAKSHMIKANTHA B.R.
AGED ABOUT 28 YEARS
RESIDING AT NO.647
4TH CROSS, 3RD BLOCK
KORAMANGALA, BANGALORE-560 034
3. DR. VINOD GOWDA.K.H.
S/O HANUME GOWDA
AGED ABOUT 28 YEARS
RESIDING AT NO.719, 6TH CROSS
3RD BLOCK, HMT LAYOUT
NAGASANDRA CROSS
NELAGADARANAHALLI
BANGALORE-560 073
4. DR. VIGNESHWAR.M
S/O SWAMY.B M.
AGED ABOUT 28 YEARS
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WAs No.32-54/2019
RESIDING AT # 24
OM SHAKTHI NILAYAM
4TH CROSS, SUNRISE COLONY
CIL LAYOUT, BANGALORE-560 032
5. DR. RAMYA MANJUNATH NAIK
D/O MANJUNATH NAIK
AGED ABOUT 27 YEARS
RESIDING AT KUSUMALE
SANKRIWADA POST
KARWAR-581 304
6. DR. LAKSHMI. L
W/O SRIKANTH.K P.
AGED ABOUT 27 YEARS
RESIDING AT # 58, HIG-1
GROUP 2, KHB COLONY
HOOTAGALLY, MYSORE-570 018
7. DR. WAFY A. RASHEED
S/O E. ABDUL RASHEED
AGED ABOUT 29 YEARS
RESIDING AT AL ARQAM-NO.17
KAILAS GARDENS
SREEKARIYAM P.O.
TRIVANDRUM-695 017
8. DR. DURGA SIREESHA URITI
D/O CHAKRAVARTHI URITI
AGED ABOUT 28 YEARS
RESIDING AT DOOR NO.58-2-10
OPPOSITE RAMALAYA
MARIDAMMAPETA
JAGANNACKPUR
KAKINADA EAST GODAVARI DISTRICT
ANDHRA PRADESH-533 002
9. DR. SHIVAPRASADA. T
S/O B.THIPPESWAMY.S.T.
AGED ABOUT 28 YEARS
RESIDING AT STREET # 10TH CROSS
KAATRIKEHALLI, HOSALLI-583 218
10. DR. NIDHIN.K.P.
S/O PABMANABHAN.K
AGED ABOUT 29 YEARS
RESIDING AT KARTHIKA HOUSE
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WAs No.32-54/2019
NEAR GIRLS HIGH SCHOOL
PONNANLI MALAPPURAM
KERALA-679 577
11. VELAGALA SWETHA VENKATA REDDY
D/O V.C. VENKATA REDDY
AGED ABOUT 30 YEARS
RESIDING AT 1-446/TF 9
MAALATI NIVAAS APARTMENT
UNDAVALLI, GUNTUR
ANDHRA PRADESH-522 501
12. DR. RUPESHKUMAR VIRBHADRA RAKHONDE
S/O VIRBHADRA VENKATRAO RAKHONDE
AGED ABOUT 30 YEARS
RESIDING AT BUNGLA NUMBER 2
GODAVERI LANE, RAJ PARK
VEDANT NAGAR, NANDED-431 605
13. DR. ELIZABETH WILSON
D/O WILSON KUNJU K
AGED ABOUT 28 YEARS
RESIDING AT MOROTHU HOUSE
STYLE VILLAS ROAD, KAKKANAD PO
KOCHI-682 030
14. DR. DHANOOP DHANANJAYAN
S/O K.V. DHANANJAYAN
AGED ABOUT 31 YEARS
RESIDING AT KRISHNAMBIKA BHAVAN
NEAR CHIRAKKAL RAILWAY GATE
VALAPATTANAM PO, KANNUR-670 010
15. DR. JYOTHY. A
D/O VIJAYAKUMARAN NAIR.V
AGED ABOUT 30 YEARS
RESIDING AT AMBIKA NIVAS KOLIYACODE
INDUSTRIAL ESTATE PO
THIRUVANANTHAPURAM, KERALA-695 019
16. DR. VIDYA SASTRY
D/O KRISHNA MOHAN SASTRY
AGED ABOUT 27 YEARS
RESIDING AT PLOT NO.5B
RADHEYSHYAM AVENUE
RAJAKILPAKKAM, CHENNAI-600 073
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17. DR. PRATHAMESH PANCHAKSHARI
S/O PANCHAKSHARI CHANDRAPATAN
AGED ABOUT 28 YEARS
RESIDING AT SHRI OM CLINIC
STATION ROAD, A ONE CHOWK
AKKAL COURT, SOLAPUR DISTRICT
MAHARASHTRA-413 216
18. DR. DHANYA. K
D/O KESHAV NAIK
AGED ABOUT 28 YEARS
RESIDING AT # 1094/11
8TH C CROSS, SANJEEVINI NAGAR
SHIVAKUMARSWAMY LAYOUT
2ND STAGE, DAVANAGERE-577 005
19. DR. SUPRIYA RAO. R
D/O RAVINDRAN.V
AGED ABOUT 28 YEARS
RESIDING AT FLAT NO.306
NOVES SQUARE, DEVIN PARADISE ENCLAVE
CHOKKANAHALLI, THANISANDRA MAIN ROAD
BENGALURU-560 064
20. DR. LAVANNYA
W/O DR. MAHESH KAKANALE
AGED ABOUT 28 YEARS
RESIDING AT DEVI KRUPA
H NO.9-5-719, OLD ADARSH COLONY
BIDAR-585 403
21. DR. ASWATHY CHANDRAN
D/O M.R. CHANDRAN PILLAI
AGED ABOUT 29 YEARS
RESIDING AT VYSAKHAM HOUSE
RAMAKODAM LANE, PERUMBHOTTA ROAD
ELAMAKKARA, ERNAKULAM, KERALA-682 026
22. DR. BHARATH KIRAN. P
S/O A. PRABHAKARAN
AGED ABOUT 36 YEARS
RESIDING AT # 918, PIPELINE ROAD EXTENSION
ROBERTSON PET, KGF-563 122
23. DR. BHANU PRAKASH
S/O JAYARAMEGOWDA.K.H.
AGED ABOUT 27 YEARS
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RESIDING AT # 46, 7TH CROSS
KRISHNAPPA BLOCK, BELAWADI
MYSORE-18 ... APPELLANTS
(BY SHRI. G. VIKRAM, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND FAMILY WELFARE
VIKASA SOUDHA, BANGALORE-560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. DEPARTMENT OF MEDICAL EDUCATION
MULTI-STOREYED BUILDING
BANGALORE-560 001
REPRESENTED BY ITS SECRETARY
3. RAJIV GANDHI UNIVERSITY OF HEALTH
SCIENCES, KARNATAKA
4TH T BLOCK, JAYANAGAR
BANGALORE-560 041
REPRESENTED BY ITS REGISTRAR ... RESPONDENTS
(BY SHRI. Y.H. VIJAY KUMAR, PRL. GA FOR R1 & R2)
THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
DATED 21.12.2018 PASSED IN SO FAR AS THE PETITIONER'S
WRIT PETITIONS ARE CONCERNED i.e., WP 46363/2018,
WP 46364/2018, WP 46365/2018, WP 46367/2018,
WP 46371/2018, WP 46372/2018, WP 46373/2018,
WP 46375/2018, WP 46377/2018, WP 46378/2018,
WP 46379/2018, WP 46380/2018, WP 46382/2018,
WP 46386/2018, WP 46390/2018, WP 46392/2018,
WP 46393/2018, WP 46395/2018, WP 46397/2018,
WP 46396/2018, WP 46409/2018, WP 46410/2018
AND WP 46416/2018 BY THE LEARNED SINGLE JUDGE AND
ALLOW THE AFORESAID WRIT PETITION IN ITS ENTIRETY.
THESE WRIT APPEALS, HAVING BEEN HEARD AND RESERVED
FOR JUDGMENT ON 4.02.2019, COMING ON FOR PRONOUNCEMENT
OF JUDGMENT, THIS DAY, P.S.DINESH KUMAR J, PRONOUNCED
THE FOLLOWING:-
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JUDGMENT
These appeals are presented challenging common order dated 21.12.2018 passed by the Hon'ble Single Judge in Writ Petitions No.46917-47025/2018 and connected cases
2. For the sake of convenience, parties shall be referred as per their status before the Hon'ble Single Judge.
3. Heard Shri Vikram G., learned advocate for the petitioners and Shri Y.H.Vijay Kumar, learned Principal Government Advocate for respondents No.1 and 2.
4. Brief facts of the case are, petitioners are doctors. They had availed government medical seats and joined Post Graduate Degree and Diploma Courses in Clinical and Non-clinical subjects during the academic year 2015-2016. By a notification dated 28.09.2018, the Director of Medical Education called upon petitioners to -7- WAs No.32-54/2019 attend counseling for the purpose of deploying them for rural service. Petitioners challenged the said notification in the instant writ petitions principally on the ground that All India Quota candidates are exempted from 'bond obligation'. The Hon'ble Single Judge, by a considered order has partly allowed the writ petitions and issued certain directions to the State Government. Feeling aggrieved, petitioners have filed these appeals.
5. Shri Vikram G., learned advocate for the petitioners contended that petitioners have obtained seats under the All India Quota and this Court in W.Ps.No.25391- 93/2016 and connected cases has passed an interim order on 28.04.2016 and stayed the Karnataka Compulsory Service Training by Candidates Completed Medical Courses Act, 2012. Therefore, the impugned notification runs counter to the interim order passed by this Court.
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6. Shri Y.H.Vijay Kumar, learned Principal Government Advocate for respondents No.1 and 2 argued in support of the impugned order.
7. We have carefully considered rival submissions and perused the records.
8. With regard to the contention whether petitioners who have obtained seats under All India Quota are exempt from 'bond obligation', the Hon'ble Single Judge has recorded that Rule 15 of 2006 Rules does not exempt them from such obligation. It is not in dispute that petitioners have tendered undertakings and bound themselves to perform duties in rural areas.
9. So far as interim order dated 28.04.2016 is concerned, it is to be noted that this Court has held in paragraph No.5 of the said order that there shall be no bar for doctors who voluntarily join one year rural service training.
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10. It is not in dispute that the petitioners have furnished a bond and bound themselves to serve in rural area. Having agreed to serve, petitioners cannot be heard to turn around and seek refuge under the aforesaid interim order. In our view, once bond is furnished, it amounts to voluntarily agreeing to do rural service.
11. In view of above discussions, we find no ground to interfere with the order passed by the Hon'ble Single Judge. Resultantly, these appeals fail and they are accordingly dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE Yn.