Petitioners challenged mandatory rural training laws and sought registration and degree awards. The court dismissed petitions, directing petitioners to seek similar relief already granted by a co-ordinate bench in Writ Petition Nos.39867-39876/2014.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 21st DAY OF JUNE 2021
BEFORE
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION Nos.102727-102736/2016 (GM-RES)
BETWEEN :
1 . DR. COLACO AMANDA BLANCHE, AGE: 23 YEARS, C/O.ABDON COLACO, R/O. SF/2, DR.TARQUIND HENRIQUPS APTS FR JOSE VAZ ROAD, VASCO. DA GAMA. GOA-403802 NOW AT: ROOM NO.G-03 PHARIJATH GIRLS HOSTEL SDM MEDICAL COLLEGE, SATTUR, DHARWAD.
2 . DR.DEEPAK ISHWARAPPA BETADUR, AGE: 24 YEARS, R/O. I.B. BETADUR, ADVOCATE KALANI KETAN, IST CROSS "A" BLOCK MANJUNATH NAGAR, HAVERI-581110. NOW ASVATHA HOSTEL SDM MEDICAL COLLEGE DHARWAD.
3 . DR.RAJEEV R. PATIL, AGE: 23 YEARS, S/O.DR.R.N. PATIL, PATIL HOSPITAL, 6TH CROSS, K.C. RANI ROAD, GADAG-582101. NOW ASVATHA HOSTEL SDM MEDICAL COLLEGE DHARWAD
4 . DR.ABHISHEK T., AGE: 24 YEARS, R/O. 6-2-71/7, MANIK PRABHU LAYOUT,
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NEAR MANIK PRABHU TEMPLE ROAD, RAICHUR-584102. NOW ASVATHA HOSTEL SDM MEDICAL COLLEGE DHARWAD 5 . DR.PRIYAVRATA RAJASUBRAMANYA, D/O. M.V. RAJASUBRAMANYA, AGE: 23 YEARS, R/O. SHRAVANA NEAR GOVINDA TEMPLE, KAMBADOKONE, KAMBANTAKONE, UDUPI-576219. NOW P G ARIJATH GIRLS HOSTEL SDM MEDICAL COLLEGE, DHARWAD
6 . DR.SHAMANTAKA S. S/O DR.SHANKAR SOMAYAJI, AGE: 24 YEARS, R/O. MAMTHA GANGER MATERNITY and IN FERTILITY RESEARCH UNITE, NEAR KARNATAKA BANK, 7TH CROSS, K.R. NAGARA, MYSORE-571602. NOW ASVATHA HOSTEL SDM MEDICAL COLLEGE DHARWAD
7 . DR.PARASURAM WADDER S/O. YAMANAPPA WADDAR, AGE: 23 YEARS, R/O. MADURI, TQ: MUDDEBIHAL, DIST: VIJAYAPURA-586129. NOW ASVATHA HOSTEL SDM MEDICAL COLLEGE DHARWAD
8 . DR.RAHUL M. S/O M. LASHMIKANTHA REDDY, AGE: 24 YEARS, R/O. V.P. EXTENSION 1ST CROSS CHITRADURGA-577501. NOW ASVATHA HOSTEL SDM MEDICAL COLLEGE DHARWAD
9 . DR.BASAVARAJ S/O SIDDANAGOUDA METI, AGE: 24 YEARS, R/O. BOODIHAL, S.A. POST: ANAGAWADI,
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TQ: BADAMI, DIST: BAGALAKOT. NOW ASVATHA HOSTEL SDM MEDICAL COLLEGE DHARWAD 10 . DR.RAJNISH KUMAR EAST LOHANIPUR SARSWATI LANE, KADAM KUAN PATNA, BIHAR-800003 NOW ROOM NO.8 ASVATHA BOYS HOSTEL, SDM MEDICAL COLLEGE, DHARWAD. .. PETITIONERS (BY SRI. G.N.NARASAMMANAVAR, ADV.)
AND :
1 . STATE OF KARNATAKA, DEPARTMENT OF PARLIAMENTARY AFFAIRS and LEGISLATION, VIKASA SOUDHA, BENGALURU-01, REPRESENTED BY ITS UNDER SECRETARY. 2 . STATE OF KARNATAKA, DEPARTMENT OF HEALTH AND FAMILY WELFARE, 105, 1ST FLOOR, SECRETARIAT BUILDING, VIKASA SOUDHA, SESHADRI ROAD, BENGALURU-560001, REPRESENTED BY ITS, UNDER SECRETARY. 3 . KARNATAKA MEDICAL COUNCIL NO.70, 2ND FLOOR, VAIDYAKEEYA BHAVANA, K.R. ROAD, H.B. SAMAJA ROAD CORNER, BASAVANAGUDI, BENGALURU REPRESENTED BY ITS REGISTRAR. 4 . RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCE, 4TH T BLOCK, JAYANAGAR, BENGALURU-560041 REPRESENTED BY ITS REGISTRAR. 5 . MEDICAL COUNCIL OF INDIA, POCKET 14, SECTOR 8, DWARKA, PHASE-1,
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NEW DELHI,-110077, REPRESENTED BY ITS SECRETARY
.. RESPONDENTS
(BY SRI. VINAYAKA S. KULKARNI, AGA FOR R1 AND R2. SRI. SHIVAKUMAR S. BADAWADGI, ADV. FOR R4. R-3 SERVED. SRI. D.M. BANDI ADV. FOR R5.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/ DECLARE "KARNATAKA ACT 26 OF 2015 PUBLISHED IN THE KARNATAKA GAZETTE EXTRAORDINARY-THE KARNATAKA COMPULSORY SERVICE TRAINING BY CANDIDATES COMPLETED MEDICAL COURSE ACT, 2012, ISSUED BY RESPONDENT NO.1 DATED:03.06.2015 STIPULATED MANDATORY CONDITION TO ALL MEDICAL CANDIDATES WHO HAVE COMPLETED UG, PG AND SUPER SPECIALLY COURSES TO UNDERGO ONE YEAR COMPULSORY RURAL SERVICES TRAINING IN GOVERNMENT PRIMARY HEALTH CENTERS OF GOVERNMENT HOSPITALS IN RURAL AREAS AS HIGHLY ILLEGAL, UNCONSTITUTIONAL AND UNENFORCEABLE AND GROSS VIOLATION OF RIGHTS GUARANTEED UNDER ARTICLE 14, 19(1)(G) AND 21 OF CONSTITUTION OF INDIA. VIDE ANNEXURE-A. II. QUASH THE NOTIFICATION DATED:24.07.2015 ISSUED BY RESPONDENTS NO.2 KARNATAKA COMPULSORY SERVICE TRAINING BY CANDIDATES COMPLETED MEDICAL COURSE (COUNSELING ALLOTMENT AND CERTIFICATION) RULES 2015, AS THE SAME IS HIGHLY ARBITRARY ILLEGAL AND GROSS VIOLATION TO ARTICLE 19(E)(G) AND 21 OF CONSTITUTION OF INDIA. VIDE ANNEXURE-B. III.QUASH THE RESOLUTION DATED: 02.08.2015 PASSED BY RESPONDENTS NO.3 PURPORTEDLY PASSED UNDER SECTION 4(A) OF THE KARNATAKA COMPULSORY SERVICE TRAINING BY CANDIDATES COMPLETED MEDICAL COURSE ACT 2012, TEMPORARY SUSPENSION OF REGISTRATION OF CANDIDATES; TO MEDICAL CANDIDATES AND ONLY CONSIDERING AND REGISTERING CANDIDATES WHO HAVE COMPLETED INTERNSHIP ON OR BEFORE 24.07.2015 VIDE ANNEXURE-C. IV.DIRECT THE RESPONDENT NO.3 FOR REGISTERING PETITIONERS NAME AS MEDICAL PRACTITIONER UNDER SECTION 13(1) OF KARNATAKA MEDICAL REGISTRATION ACT 1961 AND RULES 1963. V.DIRECT THE RESPONDENT NO.4 UNIVERSITY TO AWARD MBBS DEGREE TO PETITIONERS FOR HAVING SUCCESSFULLY COMPLETED MBBS COURSE AS PER MCI REGULATIONS.
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THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In these writ petitions, the petitioners have sought for
the following relief:
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to Medical Candidates and only considering and registering candidates who have completed internship on or before 24,7.2015 vide Annexure-C
Kulkarni, learned Additional Government ADvocate.
disposed of. The petitioners are entitled for the similar relief
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that was granted by the co-ordinate Bench in Writ Petition Nos.39867-39876/2014.
Ordered accordingly.
Sd/JUDGE
kmv
Colour shows how this judgement treated each authority
Dr. Ankit Agarwal and others v. State of Karnataka and OthersRelied on¶40
2021 (2) KCCR 1227
Dr. Colaco Amanda Blanche
Dr. Deepak Ishwarappa Betadur
State of Karnataka
Karnataka Medical Council
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
