Karnataka High Court
The State Of Karnataka vs Dr Bhuvanesh B T on 14 September, 2023
Author: K.Somashekar
Bench: K.Somashekar
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WP No. 8462 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
WRIT PETITION NO. 8462 OF 2023 (S-KSAT)
BETWEEN:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE
VIKASA SOUDHA
BENGALURU-560001.
2. THE MEMBER SECRETARY
SPECIAL RECRUITMENT COMMITTEE AND CHIEF
Digitally ADMINISTRATIVE OFFICER
signed by D HEALTH AND FAMILY WELFARE SERVICES
K BHASKAR AROGYA SOUDHA
Location: MAGADI ROAD
High Court BENGALURU-560023.
of Karnataka
3. THE DIRECTOR OF MEDICAL EDUCATION
DIRECTORATE OF MEDICAL
ANADARAO CIRCLE
BENGALURU-560009.
4. THE COMMISSIONER OF HEALTH
AND FAMILY WELFARE SERVICES
AROGYA SOUDHA
MAGADI ROAD
BENGALURU-560023.
...PETITIONERS
(BY SRI. C.S. PRADEEP, AAG ALONG WITH SHRI V.
SHIVAREDDY, AGA.)
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AND:
1. DR BHUVANESH B T
S/O THAMMEGOWDA B S
AGED ABOUT 28 YEARS,
BOOVANAHALLI VILLAGE AND POST
PG IN PEDIATRIC
HOLENARASIPURA TQ
HASSAN DIST-573211.
2. DR NAGESH C Y
S/O YALLAIAH C A
AGED ABOUT 30 YEARS
PG IN PEDIATRIC
CHEELAANAYAKANAHALLI POST
HALEBIDU BELUR
HASSAN DISTRICT-57321.
3. DR VINAY K M
S/O SIDDALINGA SWAMY KM
AGED ABOUT 28 YEARS
PG IN PAEDIATRICS
NO.1191/3, 2ND STAGE
1ST CROSS
SHIVAKUMAR SWAMY LAYOUT
DAVANAGERE-577005.
4. DR ANUSHA Y T
S/O THIPPESWAMY P R
AGED ABOUT 28 YEARS
PG IN PAEDIATRICS
VALMIKA ROAD
BANK COLONY
CHITRADURGA-577501.
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5. DR SUJATA B SAJJANAR
D/O LATE BASAVARAJ SAJJANAR
AGED ABOUT 29 YEARS
PG IN PAEDIATRICS
C/O MALLIKARJUGADGIN
HOUSE NO.35, 11TH MAIN,
3RD CROSS, ANANTAPURA YELAHANKA
NEW TOWN, BENGALURU-560064.
6. DR SHRISHAILA KUMBAR
AGED ABOUT 28 YEARS
S/O KALLAPPA
PG IN PAEDIATRICS
C/O RAMANJANEYA KOGILAHALLI
KNS POST, BANGARPETE ROAD
KOLAR-563101.
7. DR SANJEEV REDDY
AGED ABOUT 28 YEARS
S/O CHANNA REDDY
PG IN PAEDIATRICS
C/O SACHIN HONSANI
2ND MAIN ROAD
PALAKAMMA TEMPLE MARENAHALLI
VIJAYANAGAR
BENGALURU-560040.
8. DR D SOUMYA
D/O DATTETEYA
AGED ABOUT 28 YEARS
PG IN PAEDIATRICS
C/O SHIVAKUMAR
C R. NO.1519
MATHRUSHRE NILAYA LAAYAD STREET
FORT, CHANNAPATNA TALUK
RAMANAGARA DISTRICT-562160.
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9. DR RANGACHETANA A
AGED ABOUT 29 YEARS
D/O ANANTHA SHAYANA
PG IN PEDIATRICTS
NO.97, HORAKEREDAVARAPURA POST
HOLALKERE TALUK
CHITRADURGA DISTRICT-577557.
10. DR JEEVAN KUMAR C S
S/O SHIVAKUMAR C R
AGED ABOUT 28 YEARS
PG IN PAEDIATRICS
AT 1519
MAATHRU SHREE NILAYA LAAYADA STREET
FORT, CHANNAPATNA
RAMANAGARA DISTRICT-562160.
11. DR MAHALAXMI DESAI
AGED ABOUT 28 YEARS
D/O AMALAPPA DESAI
PG IN OBG
GARANI POST, 1D HALLI HOBLI
MADHUGIRI TALUK
TUMKURU DISTRICT-572132.
12. DR VIDYASAGARA M
S/O LATE MBK MUTT
AGED ABOUT 28 YEARS
PG IN OBG 1-043
25TH CROSS ROAD
SECTOR 3 HSR LAYOUT
BENGALURU-560102.
13. DR GEETHANJALI N
D/O NARASIMHAIAH
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AGED ABOUT 28 YEARS
PG IN OBG, NO.79
HANUMANTH NAGAR
RAMANAGARA-562159.
14. DR RAVI KARAD
S/O TULAJARAMKARAD
AGED ABOUT 28 YEARS
PG IN OBG
C/O MANJUNATH KAARAD
NO.405, ABHAYA CIRCLE
NOBEL RESIDENCY ROAD
BANNERGHATTA ROAD
DODDAKAMMANAHALLI
NEAR MARIYAMMA TEMPLE
BENGALURU-560076.
15. DR KSHAMA H A
D/O APPANNAGOWDA N R
AGED ABOUT 28 YEARS
PG IN OBG
SACRED HEART CONVENT ROAD
SHANIVARASANTHE
SOMAVARPET TALUK
KODAGU DISTRICT-571235.
16. DR AMRUTHA A V
W/O DR ARAVIDN PATIL B S
AGED ABOUT 28 YEARS
PG IN OBG NO.144/14A
SRI MAHADEVA NUTANA
COLLEGE MAIN ROAD
LIC COLONY, DAVANAGERE-577004.
17. DR RAMYA J
D/O JAVAREGOWDA M
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AGED ABOUT 28 YEARS
PG IN ANESTHESIA NO.5561
VASHASWINILAYA
2ND PHASE, 4TH STAGE
VIJAYANAGAR MYSURU-570032.
18. DR VINDHYA PRASAD
D/O LATE KPT PRASAD
AGED ABOUT 29 YEARS
PG IN ANESTHESIA
5TH PHASE, WEST OF CHORD ROAD
MAHAGANAPATINAGAR
BENGALURU-560010.
19. DR HARISH NAIK S
S/O SHANKAR NAIK S
AGED ABOUT 28 YEARS
PG IN ANESTHESIA
NO.92, 1ST MAIN, 4TH CROSS
VINAYAKA NAGARA
KODIPALYA, KENGERI
BENGALURU-560060.
20. DR PAVAN KUMAR P
S/O P SHANKARAPPA
AGED ABOUT 28 YEARS
PG IN ANESTHESIA
DOOR NO.3680/4
SHREE RAMANJANEYA NILAYA
MEDICAL HOSTEL ROAD
MCC B BLOCK, DAVANAGERE-577004.
21. DR ARCHANA DAANDE
D/O VEERENDRA DANDE
AGED ABOUT 28 YEARS
PG IN ANESTHESIA
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35/1, 7TH MAIN ROAD,
MATHIKERE EXTENSION
BENGALURU-560054.
22. DR AKSHATHA D
W/O PRADEEP KUMAR
AGED ABOUT 32 YEARS,
PG IN ANESTHESIA
901/41, FIRST FLOOR
KITTUR BUILDING
SHATINAGAR CIRCLE
SHAKTINAGAR
DAVANAGERE-577004.
23. DR SAMRUDDHA M PATIL
S/O M B PATIL
AGED ABOUT 30 YEARS
PG IN ANESTHESIA
NO.21, MAMATHA CLINIC OPPOSITE
METRO STATION T DASARAHALLI
BENGALURU-560057.
24. DR RAKSHITH G R
S/O RAVI PRAKASH
AGED ABOUT 28 YEARS
PG IN GENERAL SURGERY
SRI RANGA NILAYA, 2ND CROSS
RT LAYOUT, COUNTRY CLUB ROAD
SHIVAMOGGA-577201.
25. DR B P SUNIL
S/O B K PRAKASH
AGED ABOUT 28 YEARS
PG IN GENERAL SURGERY
BHUVANAHALLI VILLAGE AND POST
BETADAPURA HOBLI, PERIYAPATNA TALUK
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MYSORE DISTRICT-571102.
26. DR RAVIKUMARAN H V
S/O VEERABHADRAPPAH R
AGED ABOUT 28 YEARS
PG IN GENERAL SURGERY
BMT STREET BIRUR, KADUR TALUK
CHIKKAMAGALUR DISTRICT-577116.
27. DR ABHILASH
S/O VEERAYYA
AGED ABOUT 27 YEARS
PG IN GENERAL SURGERY
C/O DR ABHILASH
MEDICAL OFFICER (POST PG)
COMMUNITY HEALTH CENTRE
BHARAMASAGARA
CHITRADURGA-577519.
28. DR RAGHAVENDRAVATHAR
S/O MALLIKARJUNAPPA
AGED ABOUT 28 YEARS
OPG IN OPHTHALMALOGY
C/O THIRUMALESHMANPAD
BSNL QUARTERS
NEAR RAILWAY STATION
HASSAN-573201.
29. DR NANDEESH H
AGED ABOUT 28 YEARS
S/O CHANDRASHEKAR H
PG IN GENERAL MEDICINE
NO.544, GROUND FLOOR
I MAIN, 3RD CROSS
NGEF LAYOUT, NAGARBHAVI I STAGE
BENGALURU-560072.
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30. DR RAHUL S BELAVI
S/O SHRIMANT
AGED ABOUT 29 YEARS
PG IN GENERAL MEDICINE
C/O SUPRITI NO.63
HANSAGIRI 3RD CROSS
SUBBANNA GARDEN
VIJAYANAGAR
BENGALURU-560040.
31. DR NIRANJAN C A
S/O C V ANADAMURTHY
AGED ABOUT 29 YEARS
PG IN GENERAL MEDICINE
AMMANA MANE, JAGANARA I BLOCK
NEAR MCE COLLEGE
SALAGAME ROAD, HASSAN-573201.
32. DR MEGHANA S
D/O D H SREENIVASA
AGED ABOUT 27 YEARS
PG IN RADIOLOGY
VIKASNAGRA
HOUSING BOARD COLONY
CHIKKAMAGALURU-577101.
33. DR SHRUTI APPANNAVAR
AGED ABOUT 29 YEARS
D/O CHANDRAKANT APPANNAVAR
PG IN DERMATOLOGY
AND VENERAL DISEASES (SKIN)
C/O ROHITH KANCHAN
NO.169, 2ND FLOOR
7TH D MAIN, 3RD BLOCK
4TH STAGE, BASAVESHWARA NAGAR
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BENGALURU-560079.
34. THE KARNATAKA MEDICAL COUNCIL
REPRESENTED BY ITS DIRECTOR
VAIDYAKEEYA BHAAN
K R ROAD
H R SAMAJA ROAD CORNER
BASAVANAGUDI
BENGALURU-560004.
35. DR VIPUL KOLEKAR
SR MEDICAL OFFICER /
SPECIALIST IN PEDIATRICS
C/O DEPARTMENT OF HEALTH
AND FAMILY WELFARE
AROGYA SOUDHA, MAGADI ROAD
BENGAURU-560023.
36. DR RAKSHITH V G
SR MEDICAL OFFICER /
SPECIALIST IN PEDIATRICS
C/O DEPARTMENT OF HEALTH
AND FAMILY WELFARE
AROGYA SOUDHA
MAGADI ROAD
BENGAURU-560023.
37. DR SHRUTHI R S
SR MEDICAL OFFICER /
SPECIALIST INPEDIATRICS
C/O DEPARTMENT OF HEALTH
AND FAMILY WELFARE
AROGYA SOUDHA
MAGADI ROAD
BENGAURU-560023.
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38. DR NANDA K S
SR MEDICAL OFFICER /
SPECIALIST IN ANESTHESIA
C/O DEPARTMENT OF HEALTH
AND FAMILY WELFARE
AROGYA SOUDHA
MAGADI ROAD
BENGAURU-560023.
39. DR BASAVARAJU H R
SR MEDICAL OFFICER /
SPECIALIST IN GENERAL SURGERY
C/O DEPARTMENT OF HEALTH
AND FAMILY WELFARE
AROGYA SOUDHA
MAGADI ROAD
BENGAURU-560023.
40. DR VIVEKANANDA DALWAL
SR MEDICAL OFFICER /
SPECIALIST IN GENERAL SURGERY
C/O DEPARTMENT OF HEALTH
AND FAMILY WELFARE,
AROGYA SOUDHA
MAGADI ROAD
BENGAURU-560023.
41. DR SANTOSH ASHOK VIBHUTE
SR MEDICAL OFFICER /
SPECIALIST IN OBG
C/O DEPARTMENT OF HEALTH
AND FAMILY WELFARE,
AROGYA SOUDHA
MAGADI ROAD
BENGAURU-560023.
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42. DR G JEEVITHA
SR MEDICAL OFFICER /
SPECIALIST IN OBT
D/O GIIDHARA U
UPPALIKE HOUE DEARAHALLI POST
KADAVA MANGALURU-574238.
43. DR ANUGOWRI B N
SR MEDICAL OFFICER /
SPECIALIST IN OBG
C/O DEPARTMENT OF HEALTH
AND FAMILY WELFARE,
AROGYA SOUDHA
MAGADI ROAD
BENGAURU-560023.
44. DR SHWETHA G R
SR MEDICAL OFFICER /
SPECIALIST IN OBG
D/O RAJANNA G K
NO.221, I MAIN, 5TH CROSS
KRISHNNINA PALYA
BEHIND BYAPPANAHALLI METRO STATION
INDIRANAGARA, BENGALURU-560038.
45. DR AFRA FARHEEN
SR MEDICAL OFFICER /
SPECIALIST IN OBG
D/O B VAZEER PASHA
16/3, 3RD MAIN ROAD
A DI KABIR ASHARAM
MOTI NAGAR
R T NAGAR POST
BENGALURU-560032.
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46. DR NIKETHAN G
SR MEDICAL OFFICER /
SPECIALIST IN ENT
C/O DEPARTMENT OF HEALTH
AND FAMILY WELFARE
AROGYA SOUDHA
MAGADI ROAD
BENGAURU-560023.
47. DR PRAJWAL KUMAR U S
SR MEDICAL OFFICER /
SPECIALIST IN GENERAL MEDICINE
S/O SHANKARE GOWDA
DOOR NO.1393
BEHIND SRI SHIRDI
SAI DRIVING SCHOOL
NEAR ANANTHA GEETHA VIDYALAYA
VIJAYANAGAR, 2ND STAGE
VIJAYANAGARA POST
MYSURU-570017.
...RESPONDENTS
(BY SRI. V R SARATHY - ADVOCATE CAVEAT FOR
RESPONDENTS NO.1, 2, 5, 8, 10, 11, 13 TO 17,
20 TO 23, 25, 27 AND 28)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 22.09.2022 PASSED BY THE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN SO FAR AS
IT RELATES TO APPLICATION NOS.3353 TO 3385/2021 VIDE
ANNEXURE-A.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, K. SOMASHEKAR .J., MADE THE FOLLOWING:
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ORDER
This writ petition is filed by the State of Karnataka and three others being aggrieved by the order dated 22.09.2022 passed by the Karnataka State Administrative Tribunal Bangalore, in Application Nos.3353 to 3385/2021 allowing the applications filed by the applicants / respondents herein and directing the petitioners herein to consider the KMC Certificates produced by the applicants and include all their names in the final selection list as per rules, within a period of three months from the date of receipt of a copy of the said order. This petition is filed seeking to quash the said order of the KSAT in view of the grounds urged in the petition.
2. Heard the learned Addl. Advocate General Shri C.S. Pradeep and Shri V. Shivareddy, learned AGA for petitioners. Further, heard the learned counsel Shri V.R. Sarathy for Respondent Nos. 1, 2, 5, 8, 10, 11, 13 to 17, 20 to 23, 25, 27 and 28. Smt.Archana M.S., Deputy Secretary is present before Court physically. Her presence is also noted.
3. When the matter came up for hearing on 09.08.2023, this Court had directed the learned HCGP to obtain specific
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4. In compliance of the said direction, learned Addl. Advocate General had filed a memo producing the computerized extract relating to the movement of file to state that the concerned file had been forwarded to the Finance Department from the Health Department. The said document indicated that the file had been forwarded by the Deputy Secretary-I, Health Department to the Additional Chief Secretary, Finance Department as on 21.08.2023. The said file reached the Additional Chief Secretary, Finance Department on 22.08.2023 for taking action. However, till date, there is no action taken as regards the said file and the status of the same indicates that it is 'in transit for issuance of concurrence by the Finance Department'. These are the details mentioned in the computerized extract produced by the learned Addl. Advocate General, which memo has already been taken on record.
5. On the contrary, learned counsel Shri V.R. Sarathy for the respective respondents emphatically submits that this is the submission made by the learned Addl. Advocate General time and again, who is representing the petitioner / State.
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6. The status of the memo reveals that the said file is in the office of the Addl. Chief Secretary, Finance Department, waiting for his concurrence to issue appointment order. The concurrence from the Finance Department is in the domain of the concerned Addl. Chief Secretary. But the Addl. Chief Secretary, Finance Department has not properly exercised his domain keeping in view Articles 14 and 21 of the Constitution of India, wherein Article 14 relates to equality before law and Article 21 relates to protection of life and liberty, which are vital Articles of the Constitution of India. Further, according to Section 151 of the CPC, nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. Hence, securing the ends of justice is equally applicable to both the parties to the lis.
7. It is to be noted that this petition has been filed by the State challenging the order passed by the Karnataka State Administrative Tribunal in Application Nos.3353-3385/2021. The KSAT has allowed the said applications filed by the applicants / respondents herein by its order dated 22.09.2022
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8. Though the order of the KSAT has been rendered on 22.09.2022, the State has preferred this writ petition, being not ready to implement the said order passed by the Tribunal. Therefore, learned counsel Shri S.R. Sarathy for the respective respondent submits that contempt proceedings initiated relating to implementation of the order in Application Nos.3353-85/2021 is pending before the Karnataka State Administrative Tribunal. His submission is placed on record.
9. However, keeping in view the contentious contentions made in this writ petition and various annexures, this Court is of the view that the domain is vested with the petitioner / State to implement the order dated 22.09.2022 passed by the KSAT. Therefore, though various contentions have been taken by the learned AAG for intervention of this writ petition, we are of the opinion that this writ petition does not survive for
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Sd/-
JUDGE Sd/-
JUDGE KS