Writ appeals over promotion of two non-medical Associate Professors at Hassan Institute of Medical Sciences to Professor posts. The Divisional Bench upheld the Single Judge's directions: forward DPC recommendations to MCI/NMC within three months and create supernumerary posts if approved, conceding no claim to HOD positions.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE C M JOSHI
WRIT APPEAL NO. 375 OF 2022 (S-RES) C/W WRIT APPEAL NO. 382 OF 2022 (S-RES)
AND
WRIT APPEAL NO. 632 OF 2022 (S-RES)
IN WRIT APPEAL NO. 375 OF 2022
BETWEEN:
HASSAN INSTITUTE OF MEDICAL SCIENCES, HASSAN - 573 201.
REP. BY ITS DIRECTOR & MEMBER SECRETARY.
Digitally signed by K G (BY SMT. SUMANA BALIGA M., ADVOCATE) RENUKAMBA Location: AND: High Court of Karnataka 1.
…APPELLANT
DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 31.01.2022 PASSED IN THE WRIT PETITION No-5769257693/2014 (S-RES) RENDERED BY A LEARNED SINGLE JUDGE AND ALLOW THE SAID WP AND THIS APPEAL WITH COSTS ALL THROUGH.
IN WRIT APPEAL NO. 382 OF 2022 BETWEEN:
DR.K.V.OM PRAKASH, AGED ABOUT 56 YEARS,
S/O SRI. VENKATAKRISHNAIAH, WORKING AS ASSOCIATE PROFESSOR IN ANATOMY, HASSAN INSTITUTE OF MEDICAL SCIENCES, HASSAN – 573 201.
…APPELLANT
(BY SRI MUDDU BABU S AND SRI S.M. BABU, ADVOCATES)
AND:
…RESPONDENTS
(BY SRI BHOJEGOUDA.T KOLLER, AGA FOR R1; SMT. SUMANA BALIGA, ADVOCATE FOR R2; SRI. LAKSHAMANA M, ADVOCATE FOR R3)
IN WRIT APPEAL NO. 632 OF 2022 BETWEEN:
DR. KANTHAIAH, AGED ABOUT 53 YEARS, S/O SRI CHIKKANNA, WORKING AS ASSOCIATE PROFESSOR IN BIO-CHEMISTRY, HASSAN INSTITUTE OF MEDICAL SCIENCES, HASSAN - 573 201.
…APPELLANT
(BY SRI MUDDU BABU.S & SRI S M BABU, ADVOCATES)
AND:
…RESPONDENTS
(BY SRI BHOJEGOUDA.T KOLLER, AGA FOR R1; SMT. SUMANA BALIGA, ADVOCATE FOR R2; SRI B. J MAHESH, ADVOCATE FOR R3)
THESE WRIT APPEALS (WA 382/2022 & WA 632/2022) ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 31.01.2022 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO. 57692/2014 (S-RES) AND WRIT PETITION No. 57693/2014 (S-RES) BY ALLOWING THE WP.
THESE WRIT APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, V KAMESWAR RAO J., DELIVERED THE FOLLOWING:
JUDGMENT
These appeals have been filed by the appellants challenging the common order passed by the learned Single Judge dated 31.01.2022, in two writ petitions filed by Dr.K.V.Om Prakash and Dr.Kanthaiah being W.P.No.57692/2014(S-RES) and W.P.No.57693/2014(SRES) respectively.
(W.A.No.632/2022 (S-RES) who were the writ petitioners in W.P.No. 57692/2014 (S-RES) and WP No.57693/2014. The learned Single Judge has allowed the petitions filed by Dr.K.V.Om Prakash and Dr.Kanthaiah by holding in paragraphs No.22 and 23 of the impugned order as under:
“22. 1st and 2nd respondents are directed to consider the case of the petitioners for promotion to the post of Professors and forward the proposal for their promotion for approval to the MCI as required under Clause-2 of Schedule-I of the 1998 Regulations within a period of three months from the date of receipt of certified copy of this order.
23. If the MCI approves the proposal for promotion of the petitioners, 2nd respondent/Institute is directed to promote the petitioners as Professors to the available post or to create additional/supernumerary post so as to accommodate the petitioners.”
Dr.Kanthaiah in the writ petitions was primarily for promotion to the post of Professor (Anatomy) / Professor (Bio chemistry) respectively. The eligibility conditions to the post of Professor has been referred to by the learned Single
Judge in paragraphs 10 and 11 of the impugned order. The eligibility interalia stipulates that, the post of Professor shall be filled by promotion from the cadre of Associate Professor having four years of experience in a recognized Medical College. The minimum qualifications prescribed for the said post also include Msc. (Anatomy) with Ph.D. (Medical Anatomy) / Msc (Medical Biochemistry) with Ph.D., (Medical Bio Chemistry).
by Direct Recruitment and fixed the date for the walk-in interview on 22.08.2013.
12.11.2013 requesting to consider his case for promotion. The said request was rejected and one Dr.B.S.Prakash, who is a respondent herein was appointed temporarily as a Professor (Anatomy). The said appointment was challenged by Dr.K.V.Om Prakash in W.P.No.22048/2014. On appearance, the appellant-Hassan Institute of Medical Sciences made a submission before the Court that it is only a temporary appointment. So this Court directed the Constitution of a Departmental Promotion Committee (For short ‘DPC’) to consider all eligible candidates including Dr.K.V.Om Prakash. Accordingly, a DPC was held on 24.06.2014. It decided to recommend the case of Dr.K.V.Om
Prakash to MCI for approval. Without forwarding of said recommendation to MCI, a notification dated 28.11.2014 was issued inviting candidates for walk-in-interview to fill up the post of Professor in Anatomy. An interim order was passed by this Court on 16.12.2014 to the effect that the interview to the post of Professor in the Department of Anatomy to be held on 20.12.2014 shall be subject to the outcome of the result of the petition. Interview was conducted on 20.12.2014 and Dr.B.S.Prakash respondent No.3 in WA No.382/2022 was appointed as Professor on direct recruitment basis.
promotion to the post of Professor (Bio Chemistry). In his case as well the proceedings were directed to be forwarded to the MCI. The case of the appellant - Hassan Institute of Medical Sciences was primarily that Dr.K.V.Om Prakash and Dr.Kanthaiah cannot be promoted to the post of Professor, more particularly, when they do not possess the medical qualification as it is only a Professor having medical qualification who could be given the position of Head of the Department.
“13. In the instant case, both the petitioners were qualified and eligible for promotion as Professors in their respective Departments i.e. Anatomy and Biochemistry. It is not the case of 2nd respondent/Institute
nor 1st respondent that the petitioners are not qualified nor eligible for promotion as Professors in terms of C & R Rules and 1998 Regulations. In fact, cases of the petitioners were taken up for consideration by the DPC, as evidenced by Annexure-P, DPC proceedings dated 28.11.2014. DPC records that both the petitioners fulfilled the minimum qualification prescribed for promotion to the post of professor, i.e. qualification of M.Sc. and Ph.D. in their concerned subject i.e. Anatomy and Bio-Chemistry respectively. The only ground on which the petitioners case for promotion to the cadre of Professor is not recommended is that there is only one post of Professor in both the departments and if they are promoted as Professors, it will not be possible for them to serve as HOD. It is an admitted fact that both the petitioners would not possess basic University Medical Degree qualification, but that itself is not a bar to appoint them a Professor in their respective departments in terms of C & R Rules and 1998 Regulations. C & R Rules as well as 1998 Regulations provides for appointment of non-medical persons as Assistant Professor, Associate professor and as Professor, if they possess equivalent qualification of M.Sc. and Ph.D. in the concerned subject.”
“17. The above extracted Clause-2 of Schedule-I of 1998 Regulations makes it clear that the non-medical teachers could be appointed upto the Head of the Department with prior approval of the MCI. It was incumbent upon the respondents when the petitioners were qualified and eligible for promotion to the posts of Professors, to recommend their cases for promotion to the post of Professors by forwarding the proceedings for approval of MCI as required under the above said provisions of 1998 Regulations. It is for the MCI to approve or not to approve the proposal taking note of the 1998 Regulations as well as overall view of the fact situations of the 2nd respondent/Institute.
18. It is settled position of law that no one has right for promotion, but has a right for consideration of his case for promotion in accordance with the applicable rules and in accordance with law. When the C & R Rules of the 2nd respondent/Institute permits filling up of the post of Professor only by promotion and 1998 Regulations permits filling up of post upto Head of the Department by non-medical teachers with prior approval of MCI, the respondents were legally obliged to forward the cases of the petitioners for approval of the MCI for their promotion to the cadre of Professors.”
learned Single Judge is in paragraph No.20 which we reproduce as under:
“20. One of the prayer of the petitioners is to setaside the appointment of 3rd Respondent in both the writ petitions. At this stage, it may not be appropriate to set-aside the appointment of 3rd respondent in both the writ petitions, since they are working as Professors from 2016 and moreover, proposal for promotion of the petitioners is to be placed before the MCI and approval from the MCI is a precondition for the petitioners’ promotion as Professors. If the MCI approves promotion of the petitioners as professors, it is for the 2nd respondent/Institute to effect the petitioners’ promotion based on the availability of the posts or to create supernumerary post to accommodate the petitioners. It is to be observed that no fault could be found with respondent no. 3 in both writ petitions. It is the mistake of respondents 1 and 2 in not following the 1998 Regulations and C & R Rules of the 2nd respondent/Institute. Moreover, even though there was interim order in WP No.57692/2014 to the effect that interview to the post of Professor in the Department of Anatomy is subject to the result, the 2nd respondent failed to indicate the same in appointment order dated 1.4.2015 of 3rd respondent.”
for the Hassan Institute of Medical Sciences is primarily
NC: 2024:KHC:25544-DB WA No. 375 of 2022 C/W WA No. 382 of 2022 AND WA No. 632 of 2022
against the direction given by the learned Single Judge in paragraph No.23 for creation of additional/supernumary posts of Professor if the MCI approves the promotion of Dr.K.V.Om Prakash and Dr.Kanthaiah. According to her, such a direction could not have been given.
NMC) can be implemented is on creation of additional/supernumary posts.
objections filed by Hassan Institute of Medical Sciences before the learned Single Judge, wherein paragraph No.10 thereof reads as under:
“10. It is submitted that pursuant to the decision of Departmental Promotion Committee meeting held on 24.06.2014, Institute conducted walk in interview for post of Professor of Anatomy to ascertain availability/ non availability of medical graduates for the said post, as it would provide correct picture of availability/ non availability of medical graduates to write to MCI for permission to promote non medical person to the post of Professor and HOD. As the MBBS graduates were available, this respondent appointed MBBS graduates to post of Professor Anatomy.”
(NMC) is a Regulatory Authority. We do not see any illegality/irregularity in the same. We, at this stage, record the stand taken by learned counsel for Dr.K.V.Om Prakash and Dr.Kanthaiah by conceding to the fact that Dr.K.V.Om Prakash and Dr.Kanthaiah being non-medical Professors, cannot lay a claim to the post/position of HOD.
Prakash and Dr.Kanthaiah are also closed.
sd/JUDGE
sd/JUDGE
SMC,NR List No.: 1 Sl No.: 15
3 issues framed by the court
Whether eligible non-medical Associate Professors could be denied promotion to Professor for lack of vacancies and medical qualification.
Whether promotion of non-medical teachers to Professor required forwarding to MCI/NMC for approval.
Whether additional or supernumerary posts should be created to effect such promotions.
1 provisions across 1 enactments
Hassan Institute of Medical Sciences, Hassan
Dr. K.V. Om Prakash
The State of Karnataka
Dr. B.S. Prakash
Dr. Kanthaiah
Dr. B.G. Vittal
V Kameswar Rao
C M Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
