A review petition filed by a medical officer challenging the dismissal of a writ petition praying for review on the grounds of non-application of rules regarding specialty course selection.
The petition is rejected.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 7th DAY OF APRIL 2014
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
REVIEW PETITION NO.7 OF 2014
IN
WRIT PETITION NO.27235 OF 2013 (EDN.)
Between:
Dr.Satheesh S.R.Vishwakarma Age: 34 years Casualty Medical Officer Bangalore Medical College & Research Institute, K.R.Road Bengaluru – 560 002 R/o S/o Shri H.N.Rajachar 999/3 (3rd Floor), 3rd Main Hosakerehalli (main Road) Before Raghavendra Mutt Banashankari III Stage Bengaluru – 560 085 … Petitioner (By Dr.Satheesh, party-in-person)
And:
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Bengaluru, Rep. by its Member Secretary
for selection to PGET-2013
Bangalore – 560 009
Bengaluru – 560 002
This Review Petition is filed under Order 47 Rule 1 of CPC, praying to review the order dated 21.11.2013 passed in WP No.27235/2013.
This Petition coming on for Admission this day, the Court made the following:-
O R D E R
Heard the petitioner appearing in person.
the order dated 21.11.2013 in W.P.No.27235/2013 filed by the
petitioner herein has been dismissed without reference to Rule 61
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of the Karnataka Civil Services Rules, 1958 read with Appendix IIA and that in view of the Government having deputed the petitioner for higher studies as also given him permission to choose the specialty course of study, therefore, the finding that the petitioner as well as the 4th and 5th respondents in the writ petition had their option to choose to a specialty is incorrect finding and without reference to the said Rule.
Accordingly, the petition is rejected.
Sd/JUDGE
RV
3 issues framed by the court
Whether an order dismissing a writ petition should be reviewed under Order 47 Rule 1 CPC.
Whether the dismissal ignored the Karnataka Civil Services Rules, 1958 regarding specialty course selection for deputed medical officers.
Whether a finding that specific respondents had options to choose a specialty was incorrect in light of government deputation permissions.
Dr.Satheesh S.R.Vishwakarma
Bangalore Medical College & Research Institute
Rajiv Gandhi University of Health Sciences
Directorate of Medical Education
Dr.Shivakumara
Dr.Naveen Kumar P.
ANAND BYRAREDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
