A writ petition filed in 2013 seeking promotion to Professor of Preventive and Social Medicine was dismissed after eleven years of inaction; following the petitioner's counsel's demise and failure to engage a new advocate, the court inferred lack of interest and dismissed the petition.
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NC: 2024:KHC:27699 WP No. 11057 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 11057 OF 2013 (S-PRO)
BETWEEN:
DR CHANDRAKUMAR S G S/O LATE S H GIRIYAIAH AGED ABOUT 51 YEARS ASSOCIATE PROFESSOR P AND SM (PREVENTIVE AND SOCIAL MEDICINE) MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE IRWIN ROAD MYSORE 570 001
…PETITIONER
(BY SRI. CHANDRAKUMAR S.G., PETITIONER - ABSENT)
Digitally signed by GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD Date: 2024.08.03 11:17:36 +0530
AND:
BY ITS PRINCIPAL SECRETARY
HEALTH AND FAMILY WELFARE DEPARTMENT (MEDICAL EDUCATIN) VIKAS SOUDHA BANGALORE 560 001
…RESPONDENTS
(BY SRI. GOPALA KRISHNA SOODI, AGA FOR R1 AND R2; SRI. CHANDRAKANTH R. GOULAY, ADVOCATE FOR R3; R4 SERVED)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO NOTIFICATION DATED 29.5.2012 AND PERUSE THE SAME; DIRECT THE RESPONDENTS TO PROMOTE THE PETITIONER TO THE POST OF PROFESSOR IN PREVENTIVE AND SOCIAL MEDICINE DEPARTMENT IN TEH THIRD RESPONDENT INSTITUTE ON COMPLETION OF FIVE YEARS FROM THE DEEMED DATE OF PROMOTION AS ASSISTANT PROFESSOR IN ACCORDANCE WITH THE DECISION OF THE INSTITUTE DATE 14.6.2007 AND THE CADRE OF RECRUITMENT RULES 1967.
THIS PETITION, COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed this petition for the following reliefs:
a) For direction to the respondents to promote him to the post of Professor in the Department of Preventive and Social Medicine with the third respondent, and
b) For direction to the third respondent to modify the Notification dated 29.05.2012 promoting the petitioner to the post of Associate Professor to indicate that his promotion is as a Professor with the aforesaid Department.
The petitioner's counsel on record is no more
and the Court notice is issued with the endorsement that " the petitioner has left the address without further instructions ". This petition is pending for over eleven
years and the petitioner, if interested in prosecuting the petition, should have been vigilant and diligent in
prosecuting the petition. This is not seen with the petitioner failing to make alternative arrangement with the demise of his learned counsel. Therefore, this Court is of the considered view that inference must be drawn for lack of interest in prosecuting the petition. As such, the petition stands dismissed.
Sd/(B M SHYAM PRASAD) JUDGE
RB
1 issue framed by the court
Should the writ petition seeking promotion to Professor be dismissed for lack of prosecution after the counsel's demise?
1 provisions across 1 enactments
DR CHANDRAKUMAR S G
STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT (MEDICAL EDUCATION)
DIRECTOR OF MEDICAL EDUCATION
DEAN AND DIRECTOR, MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE
HEAD OF COMMUNITY MEDICINE, MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
