Karnataka High Court
Dr Ganapati vs The Department Of Health And Family ... on 10 November, 2022
Bench: Alok Aradhe, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER 2022
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY
W.P. NO.22109 OF 2022 (EDN-RES)
BETWEEN:
DR. GANAPATI
S/O RAMANNA RAJOLE
AGED ABOUT 47 YEARS
WORKING AS INTENSIVE
CARE MEDICAL OFFICER
BANGALORE MEDICAL
COLLEGE AND RESEARCH INSTITUTE
K R ROAD, BENGALURU FOR
BENGALURU-560002.
... PETITIONER
(BY MR. VIJAYA RAGHAVA SARATHY H.M. ADV.,)
AND:
1. THE DEPARTMENT OF HEALTH AND
FAMILY WELFARE (MEDICAL EDUCATION)
REP BY ITS SECRETARY
VIKAS SOUDHA-560001.
2. THE DIRECTOR
THE DEPARTMENT OF HEALTH AND FAMILY
WELFARE (MEDICAL EDUCATION)
ANANDA RAO CIRCLE
BENGALURU-560009.
2
3. THE NATIONAL MEDICAL COMMISSION
(ERSTWHILE MEDICAL COUNCIL OF INDIA)
REP BY ITS SECRETARY
POCKET-14, SECTOR 8, DWARKA
NEW DELHI-110007.
4. THE KARNATAKA EXAMINATION AUTHORITY
REP BY ITS EXECUTIVE DIRECTOR
C.E.T. CELL, SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM, BANGALORE-560012.
5. THE DIRECTOR
BANGALORE MEDICAL COLLEGE
AND RESEARCH INSTITUTE
K R ROAD, FORT
BENGALURU-560002.
... RESPONDENTS
(BY MR. LAXMI NARAYANA, AGA FOR R1 & R2
MR. N.K. RAMESH, ADV., FOR R4
MR. K.N. PRAKASH, ADV., FOR R5
NOTICE NOT ORDERD IN R/O R3)
---
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN
APPROPRIATE, WRIT ORDER OR DIRECTION IN THE NATURE
OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT
BEARING NO.BEN.YA.V.SAM.SAM/C(2)/72/2016-17, DATED
27/10/2022 (ANNEXURE-A) ISSUED BY THE 5TH
RESPONDENT DEAN DIRECTOR BANGALORE MEDICAL
COLLEGE AND RESEARCH INSTITUTE, BENGALURU IN SO
FOR AS WITHDRAWING THE NOC ISSUED IN FAVOUR OF
THE PETITIONER DATED 23/09/2022 (ANNEXURE-F) AND
THEREBY DEPRIVING THE PETITIONER FROM
PARTICIPATION POST GRADUATE COUNSELING UNDER THE
IN-SERVICE CATEGORY FOR ACADEMIC YEAR 2022-23 IS
CONCERNED THE SAME ILLEGAL AND UNSUSTAINABLE.
ISSUE DIRECTION TO THE RESPONDENT NO.2 AND 5 TO
3
INCLUDE THE PETITIONER CANDIDATURE IN THE MERIT
LIST OF IN-SERVICE CATEGORY UNDER THE QUOTA
RESERVED FOR AUTONOMOUS INSTITUTION CONSIDERING
HIS CANDIDATURE FOR ALLOTMENT OF SEAT UNDER THE
SAID IN-SERVICE CATEGORY AS CONSIDERED AS PER
MERIT LIST DATED 29/09/2022 (ANNEXURE-H) IN
APPROPRIATE PLACE OF MERIT AND ALLOW HIM TO
PURSUE HIS POST GRADUATION ON DEPUTATION THEREBY
DIRECTING THE 4TH RESPONDENT KEA TO ALLOT THE
POST GRADUATE SEAT IN THE ENSUING COUNSELING IN
FAVOUR OF THE PETITIONER AS PER HIS CHOICE
EXERCISED CONSIDERING HIM UNDER THE IN-SERVICE
CATEGORY OF AUTONOMOUS INSTITUTION. GRANT SUCH
OTHER RELIEFS INCLUDING AN ORDER OF COSTS.
THIS W.P. COMING ON FOR HEARING, THIS DAY,
ALOK ARADHE J., MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioner inter alia has assailed the validity of the order dated 27.10.2022 by which Dean-cum-Director, Bangalore Medical College and Research Institute, Bangalore (hereinafter referred to as 'BMCRI' for short) has withdrawn the No Objection Certification (NOC) issued in favour of the petitioner dated 27.10.2022.
4
2. The grievance of the petitioner is that on account of withdrawal of aforesaid NOC, the petitioner has been deprived from participating in the post graduate NEET counseling for the academic year 2022-23.
3. Facts leading to filing of this petition briefly stated are that petitioner is an in-service candidate who joined in service in the cadre of Intensive Care Medical Officer in BMCRI. The National Board of Examination notified on 15.02.2022 that PG NEET examination for all India and State medical seats shall be held. The petitioner thereafter appeared in the PG NEET entrance test which was conducted on 21.05.2022. The petitioner qualified in the aforesaid examination and obtained 337 marks which was above the cut off marks fixed.
5
4. On 23.09.2022, BMCRI issued NOC to the petitioner and permitted him to participate in the counselling. However, National Board of Examination in Medical Sciences, New Delhi, by an order dated 21.10.2022, reduced the cut off marks from 275 to
112. As a result of which another in-service candidate who is senior to the petitioner also became eligible to participate in the counselling. The respondent No.5, therefore, by an order dated 27.10.2022, withdrew the NOC issued to the petitioner permitting him to participate in the counselling on the ground that another in-service candidate who is senior to the petitioner is eligible to participate in the counselling under Clause 5 of Appendix II A to Karnataka Civil Services Rules, 1958, the selection of a candidate for higher studies or specialised training shall be made strictly on the basis of seniority except for reasons to be recorded in 6 writing. In the aforesaid factual background, this petition has been filed.
5. We have heard the learned counsel for the parties at length and have perused the record. A Division Bench of this Court in 'DR.C.M.HANUMANTHARAJU AND OTHERS Vs. DR. SIDDAPPA AND OTHERS'1 has held that PGET Rules 2006 would apply and would override the Deputation Rules made under the Karnataka Civil Services Rules.
6. In view of aforesaid enunciation of law by a Division Bench of this Court, the BMRCI could not have withdrawn the NOC issued to the petitioner merely on the ground that another in-service candidate who is senior to the petitioner has also become eligible.
1 ILR 2012 KAR 6267 7
7. For the aforementioned reasons, the impugned communication dated 27.10.2022 insofar as it pertains to withdrawal of NOC issued in favour of the petitioner is quashed. The petitioner is held entitled to participate in the Post Graduate NEET counseling for the academic year 2022-23.
Accordingly, the petition is allowed.
Sd/-
JUDGE Sd/-
JUDGE RV