Dr S v. Nachiket v the State of Karnataka
Case brief
What is this about?
The High Court rejected a writ appeal questioning the direction to place a waitlist appointee above a main list appointee in the seniority list of Assistant Professors, ruling that seniority is determined by the date of entry into service.
What did the court decide?
The writ appeal stands rejected; the order of the learned Single Judge ordering the respondent to place the appellant above respondent No.3 in the seniority list is affirmed.
What the court decided
A compact analysis
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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NC: 2024:KHC-D:7735-DB WA No.100232 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JUNE, 2024 PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT APPEAL NO.100232 OF 2022 (S-PRO)
BETWEEN:
DR. S.V. NACHIKET (DR. SINGATAGEREMATH S/O VISHWARADHYA NACHIKET) AGE 48 YEARS, OCC. ASSISTANT PROFESSOR, R/O OBG DEPARTMENT,
KARNATAKA INSTITUTE OF MEDICAL SCIENCES, DIST. HUBLI-580022.
…APPELLANT
(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)
Issues for consideration
2 issues framed by the court
Whether the Single Judge was correct in directing that a subsequent appointment be granted seniority over an earlier appointment based solely on selection merit?
Whether Clause 20(b) of KIMS Rules permits overriding the date of entry into service to determine seniority between employees recruited under different lists?
Parties & counsel
- appellant
Dr. S.V. Nachiket
- respondent
State of Karnataka
- respondent
Karnataka Institute of Medical Sciences
- respondent
Jagadish T R
- respondent
Dr. Kavita Mahadevappa
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · June
- Registered
- Case no.
- WA/100232/2022
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