A professor challenged the order requiring him to hand over the Head of Department post of Anaesthesiology. The court held that a Division Bench judgment upholding Clause 20 of the Institute Bye-laws barred examination of his grievance, noted his seniority was disputed, and dismissed the petition.
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NC: 2024:KHC:16357 WP No. 7092 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2024 BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7092 OF 2024 (S-RES)
BETWEEN:
DR. H G MANJUNATH AGE ABOUT 56 YEARS PROFESSOR AND HOD DEPARTMENT OF ANAESTHESIOLOGY MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE IRWIN ROAD, NEXT TO RAILWAY STATION MYSURU, KARNATAKA – 570 001
…PETITIONER
(BY SMT. MEGHANA BALLAD, ADVOCATE FOR
SRI. VIVEK HOLLA, ADVOCATE)
AND:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
REPRESENTED BY ITS DEAN CUM DIRECTOR
DEPARTMENT OF ANAESTHESIOLOGY MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE IRWIN ROAD, NEXT TO RAILWAY STATION MYSURU KARNATAKA – 570 001
…RESPONDENTS
(BY SMT. SUKANYA BALIGA, AGA FOR R1; SRI. CHANDRAKANTH R. GOULAY, ADVOCATE FOR R2; SRI. NARAYANA BHAT, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER NO. CV (1) 110/2023-24 DATED 17.02.2023 ISSUED BY THE RESPONDENT NO.2 ASKING THE PETITIONER TO HANDOVER THE POST OF HOD, DEPARTMENT OF ANESTHESIOLOGY, MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE TO RESPONDENT NO.3 (ANNEXURE -S) AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In the light of the judgment rendered by the Division Bench in W.A.No.100075/2024, the grievance of the petitioner cannot be examined.
by the Division Bench of this Court in the judgment
NC: 2024:KHC:16357 WP No. 7092 of 2024
rendered in W.A.No.100075/2024, dated 21.03.2024 ( The State Of Karnataka and Others .Vs. Dr. Gurushantappa Yalaganchin and Others ).
The alternate objection raised by the learned counsel appearing for respondent No.3 is that petitioner even otherwise is not at all senior but still he was made the Head of the Department of Anesthesia. To substantiate the said contention, the learned counsel for respondent No.3 has taken this Court to the Seniority list at Annexure-“T”.
whether the National Medical Commission Act, 2019 operates prospectively does not arise for consideration
insofar as the present petitioner is concerned.
Sd/JUDGE
ALB List No.: 1 Sl No.: 82
2 issues framed by the court
Whether the order directing the petitioner to hand over the post of HOD, Department of Anaesthesiology to respondent No.3 could be quashed.
Whether the National Medical Commission Act, 2019 operates prospectively in favour of the petitioner.
Colour shows how this judgement treated each authority
The State Of Karnataka and Others .Vs. Dr. Gurushantappa Yalaganchin and OthersFollowed¶2
W.A.No.100075/2024, dated 21.03.2024 (The State Of Karnataka and Others .Vs. Dr. Gurushantappa Yalaganchin and Others)
1 provisions across 1 enactments
Dr. H G Manjunath
The State of Karnataka rep by its Principal Secretary, Department of Medical Education
Mysore Medical College and Research Institute
Dr. V Y Srinivas
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
