Allowed¶69

Dr. Taranath v. the State of Karnataka

Karnataka HC8 Jan 2025RP/200022/2024

Case brief

AI extract

What is this about?

Review petition allowed; order dated 19.12.2023 recalled; W.P.No.203684/2019 C/w W.P.No.200754/2022 restored to file; Assistant Professor Orthopedics; Raichur Institute of Medical Sciences (RIMS); SC/GM category; roster points and reservation; Interview Notification dated 06.05.2019; representation dated 30.01.2024 rejected by Official Memorandum dated 22.02.2024; Governing Council meeting dated 20.02.2024; liberty to revive petition; Order 47 Rule 1 read with Section 114 CPC; High Court of Karnataka, Kalaburagi Bench; Justice M.G.S. Kamal; State of Karnataka, Department of Medical Education; Medical Council of India; medical education appointments.

What did the court decide?

Review petition allowed; order dated 19.12.2023 recalled; writ petitions W.P.No.203684/2019 C/w W.P.No.200754/2022 restored to the original file. ¶69

Dr. Taranath Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-K:78 RP No. 200022 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 8^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S.KAMAL

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REVIEW PETITION NO. 200022 OF 2024

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BETWEEN:

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DR. TARANATH S/O LATE DR. NARASIMHALU, AGED ABOUT 37 YEARS, OCCUPATION: DOCTOR MS, DNB (ORTHO), RESIDENT OF CARE OF NANDINI HOSPITAL UDAYNAGAR, STATION ROAD, RAICHUR - 584 101.

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…PETITIONER

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(BY SRI. SHIVAKUMAR KALLOOR, ADVOCATE)

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AND:

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Digitally signed by SUMA B N Location: High Court of Karnataka

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THE STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION BY ITS PRINCIPAL SECRETARY VIKAS SOUDHA, BENGALURU - 560 001.

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THE DIRECTOR OF MEDICAL EDUCATION BENGALURU - 560 001.

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THE DIRECTOR OF RAICHUR INSTITUTE OF MEDICAL SCIENCE, RAICHUR - 584 101.

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THE GOVERNMENT COUNCIL BY ITS CHAIRMAN OF

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NC: 2025:KHC-K:78 RP No. 200022 of 2024

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RAICHUR INSTITUTE OF MEDICAL SCIENCE RIACHUR - 584 101.

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THE MEDICAL COUNCIL OF INDIA NEW DELHI - 110 011 REPRESENTED BY ITS SECRETARY.

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THE DEPARTMENT OF ORTHOPEDICS RIMS, BY ITS HOD, RAICHUR INSTITUTE OF MEDICAL SCIENCE RAICHUR - 584 101.

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DR. NEETA P N ASSISTANT PROFESSOR IN COM. MEDI IN RIMS, RAICHUR-584 101.

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DR. SWETHA ASSISTANT PROFESSOR IN COM. MEDI. IN RIMS, RAICHUR -584 101.

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DR. CHANNABASAVA ASSISTANT PROFESSOR IN ORTHOPEDIC IN RIMS, RAICHUR-584 101..

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DR. INDRANI K., ASSISTANT PROFESSOR IN PATHOLOGY IN RIMS, RAICHUR-584 101.

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DR. MD. ISMAIL ASSISTANT PROFESSOR IN RADIOLOGY IN RIMS, RAICHUR -584 101.

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DR. YASMEEN FATHIMA ASSISTANT PROFESSOR IN BIOCHEMISTRY IN RIMS, RAICHUR -584 101.

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NC: 2025:KHC-K:78 RP No. 200022 of 2024

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DR. TEJASWHINI PATIL ASSISTANT PROFESSOR IN PATHOLOGY IN RIMS, RAICHUR -584 101.

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DR. G RAGHUKANTH R ASSISTANT PROFESSOR IN GEN. MED. IN RIMS, RAICHUR -584 101.

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DR. SHILPA ASSISTANT PROFESSOR IN GEN. MED. IN RIMS, RAICHUR-584 101.

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DR. DEEPASHREE ASSISTANT PROFESSOR IN OBG IN RIMS, RAICHUR-584 101.

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DR. SHANKARLINGA S ASSISTANT PROFESSOR ORTHOPEDICS IN RIMS, RAICHUR -584 101.

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DR. RAMYA ASSISTANT PROFESSOR IN PEDIATRICS IN RIMS, RAICHUR -584 101.

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…RESPONDENTS

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(BY SRI. SHABUDDIN JAMADAR, HCGP FOR R1 & R2; SRI. SACHIN M. MAHAJAN, ADVOCATE FOR R3, R4 AND R6; SRI. SUDHIRSINGH R., VIJAPUR ASGI FOR R5; SRI. D.P. AMBEKAR, ADVOCATE FOR R7, R9 TO R16 AND R18, VIDE ORDER DATED:08.01.2015 R8 AND R17 ARE DISPENSED)

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THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 OF CPC PRAYING TO ALLOW THE ABOVE REVISION PETITION AND RECALL THE ORDER DATED:19.12.2023 AND RESTORE THE WRIT PETITION NO.203684/2019 C/W 200754/2022 AND RE HEAR THE MATTER.

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NC: 2025:KHC-K:78 RP No. 200022 of 2024

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL

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ORAL ORDER

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Petitioner is before this Court seeking following relief:

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''Whereof it is prayed that this Hon'ble Court be pleased to allow the above review petition and recall the order dated 19.12.2023 and restore the writ petition No: 203684/2019 C/w 200754/2022 and re-hear the matter, in ends of justice and equity.''

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Petitioner herein had approached this Court on earlier

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occasion by filing W.P.No.203684/2019 C/w

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W.P.No.200754/2022, which was disposed of on 19.12.2023.

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Paragraph Nos.5 and 6 of the aforesaid order dated

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19.12.2023 reads as under:

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''5. The fact of the matter reveals that the respondent Nos.9 and 17 who were stated to have been selected for the applied post have not reported to the duty and the posts are admittedly still lying vacant. Petitioner who had applied under General Merit Category and Reserved Category was ranked third in the selection list. Since, the post is stated to be vacant, the respondent Nos.2, 3 and 4 shall consider the candidature of the petitioner for the post which is lying vacant and for which the petitioner had applied for. It is also stated that the petitioner is serving in the same institution in the same post on ad-hock basis. Considering these peculiar facts and situation of the matter, the respondent Nos.2, 3 and 4 shall consider the case of the petitioner for accommodating him to the post of Assistant Professor in orthopedics, if he satisfies the requirement or is found otherwise eligible.

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NC: 2025:KHC-K:78 RP No. 200022 of 2024

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6. It is further directed the respondent shall consider the case of the petitioner within an outer limit of four weeks from the date of receipt of certified copy of this order. It is made clear that if in the event the case of the petitioner is not considered, the petitioner is at liberty to revive this petition.''

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Sri. Shivakumar Kalloor, learned counsel for the petitioner submits that pursuant to the aforesaid order, petitioner had made representation on 09.02.2024 and in response thereof, the respondent-Institution has issued Official Memorandum dated 22.02.2024, wherein the request of the petitioner made in representation dated 30.01.2024, has been rejected. Relevant portion of endorsement is as under:

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''The Hon'ble High Court of Karnataka, Kalaburagi Bench has disposed of WP No. 200754/2022 C/W WP No. 203684/2019 on 19.12.2023 issuing directions to the respondents to consider the candidature of Dr.Taranath N. Accordingly Dr.Taranath N has submitted a representation dated 30.01.2024 along with the copy of the final order passed by The Hon'ble High Court of Karnataka, Kalaburagi bench.

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In this background, the matter regarding the order passed by the Hon'ble High Court of Karnataka, Kalaburagi bench and the said representation of Dr.Taranath N was taken up for consideration in the meeting of Governing Council of RIMS dated: 20.02.2024, in which there was detailed discussion and deliberation about the representation of Dr.Taranath N, in the light of the order passed by the Hon'ble High Court of Karnataka dated: 19.12.2023. From the careful consideration of the material on record, it clearly emerges that, Dr.Taranath N who belongs to SC/GM category (as stated in the application) is seeking appointment as Assistant Professor, Dept. of

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NC: 2025:KHC-K:78 RP No. 200022 of 2024

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Orthopedics in Raichur Institute of Medical Sciences, Raichur in terms of the Interview Notification dated: 06.05.2019 which was issued for appointment of 16 Assistant Professors for various subjects. However, from the reading of Notification dated: 06.05.2019, it is clear that, there is no provision for appointment of candidate belonging to SC/GM category as the same does not find place in the said notification. The process of selection of 16 Assistant Professor in pursuance of the Notification dated: 06.05.2019 was completed strictly as per the roster/reservation mentioned in the said notification and the suitable candidates who appeared for interview conducted on 27.05.2019 were appointed for the respective posts. However, merely because the candidate who was appointed as Assistant Professor in Dept. of Orthopedics has left the job and he was eventually terminated, cannot be the criteria for appointing, absorbing or accommodating Dr.Taranath N as Assistant Professor of Orthopedics as he does not belongs to any of the category of reservation mentioned in the notification dated: 06.05.2019 and further, the same will have cascading effect on the roster and it will disturb and upset the roster balance which is being strictly maintained as per law. The fresh appointment for the post of Assistant Professor, Dept. of Orthopedics will necessarily have to be by way of issuing fresh Notification as per the prevailing roster point. Therefore, with due regard and respect to the order passed by the Hon'ble High Court of Karnataka in WP No. 200754/2022 (5- RES) C/W WP No.203684/2019 (S-RES) dated: 19.12.2023, the Governing Council after due deliberation of the above subject has come to the conclusion of rejecting the request made by Dr.Taranath N in his representation dated: 30.01.2024.''

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Learned counsel for the petitioner referring to the

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above submits that this Court while disposing of the writ petitions had reserved liberty to the petitioner to revive the petition in the event of his representation not been considered

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NC: 2025:KHC-K:78 RP No. 200022 of 2024

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by the respondent-Institution. That since by the Official Memorandum dated 22.02.2024, the representation of the petitioner has been declined, the petitioner referring to the liberty that was reserved in the aforesaid order dated 19.12.2023, has filed the present petition.

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Submission taken on record.

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Review Petition is allowed . Order dated 19.12.2023 is

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recalled.

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Writ petitions stand restored to its original file.

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Sd/(M.G.S.KAMAL) JUDGE

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List No.: 19 Sl No.: 1

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 19.12.2023 disposing of W.P.No.203684/2019 C/w W.P.No.200754/2022, whereby respondent Nos.2, 3 and 4 were directed to consider the petitioner's candidature for the vacant post of Assistant Professor in Orthopedics, with liberty to revive the petition; the said order was sought to be recalled in this review petition.¶50
High Court of Karnataka, Kalaburagi Bench · 19.12.2023
Prior proceeding
Petitioner filed W.P.No.203684/2019 C/w W.P.No.200754/2022, disposed of on 19.12.2023 with a direction to respondent Nos.2, 3 and 4 to consider his candidature for the vacant post applied for (Assistant Professor in Orthopedics), the petitioner having been ranked third in the selection list under General Merit and Reserved Category.¶53
Prior proceeding
By the order dated 19.12.2023 the respondents were directed to consider the petitioner's case within four weeks, with express liberty to the petitioner to revive the petition if his case was not considered.¶56
Prior proceeding
Pursuant to the order dated 19.12.2023, Dr. Taranath N submitted a representation dated 30.01.2024 along with the copy of the final order of the High Court, Kalaburagi Bench.¶58
Prior proceeding
Learned counsel for the petitioner submitted that the petitioner made a representation on 09.02.2024, and in response the respondent-Institution issued Official Memorandum dated 22.02.2024 rejecting the request made in the representation dated 30.01.2024.¶57
Prior proceeding
The matter was taken up in the meeting of the Governing Council of RIMS dated 20.02.2024, which, after detailed discussion and deliberation in light of the order dated 19.12.2023, concluded to reject the request made by Dr. Taranath N in his representation dated 30.01.2024.¶62
Prior proceeding
Background selection process: the Interview Notification dated 06.05.2019 was issued for appointment of 16 Assistant Professors for various subjects; suitable candidates who appeared for the interview conducted on 27.05.2019 were appointed to the respective posts.¶62
Prior proceeding
The Governing Council proceeded on the reading that the Notification dated 06.05.2019 contained no provision for appointment of a candidate belonging to SC/GM category, the selection having been completed strictly as per the roster/reservation mentioned in the notification.¶62
Prior proceeding
The Governing Council further took the view that merely because the candidate appointed as Assistant Professor in Orthopedics had left and was terminated could not be a criterion to accommodate Dr. Taranath N, as it would have a cascading effect and disturb the roster balance maintained as per law, and that any fresh appointment would have to be by way of a fresh notification as per the prevailing roster point.¶62

Parties & counsel

AI extract

petitioner
DR. TARANATH S/O LATE DR. NARASIMHALU¶10
Shivakumar Kalloor
respondent
THE STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION BY ITS PRINCIPAL SECRETARY VIKAS SOUDHA, BENGALURU - 560 001¶15
Shabuddin Jamadar
respondent
THE DIRECTOR OF MEDICAL EDUCATION BENGALURU - 560 001¶16
Shabuddin Jamadar
respondent
THE DIRECTOR OF RAICHUR INSTITUTE OF MEDICAL SCIENCE, RAICHUR - 584 101¶17
Sachin M. Mahajan
respondent
THE GOVERNMENT COUNCIL BY ITS CHAIRMAN OF RAICHUR INSTITUTE OF MEDICAL SCIENCE RIACHUR - 584 101¶18
Sachin M. Mahajan
respondent
THE MEDICAL COUNCIL OF INDIA NEW DELHI - 110 011 REPRESENTED BY ITS SECRETARY¶22
Sudhirsingh R. Vijapur
respondent
THE DEPARTMENT OF ORTHOPEDICS RIMS, BY ITS HOD, RAICHUR INSTITUTE OF MEDICAL SCIENCE RAICHUR - 584 101¶23
Sachin M. Mahajan
respondent
DR. NEETA P N ASSISTANT PROFESSOR IN COM. MEDI IN RIMS, RAICHUR-584 101¶24
D.P. Ambekar
respondent
DR. SWETHA ASSISTANT PROFESSOR IN COM. MEDI. IN RIMS, RAICHUR -584 101¶25
respondent
DR. CHANNABASAVA ASSISTANT PROFESSOR IN ORTHOPEDIC IN RIMS, RAICHUR-584 101¶26
D.P. Ambekar
respondent
DR. INDRANI K., ASSISTANT PROFESSOR IN PATHOLOGY IN RIMS, RAICHUR-584 101¶27
D.P. Ambekar
respondent
DR. MD. ISMAIL ASSISTANT PROFESSOR IN RADIOLOGY IN RIMS, RAICHUR -584 101¶28
D.P. Ambekar
respondent
DR. YASMEEN FATHIMA ASSISTANT PROFESSOR IN BIOCHEMISTRY IN RIMS, RAICHUR -584 101¶29
D.P. Ambekar
respondent
DR. TEJASWHINI PATIL ASSISTANT PROFESSOR IN PATHOLOGY IN RIMS, RAICHUR -584 101¶32
D.P. Ambekar
respondent
DR. G RAGHUKANTH R ASSISTANT PROFESSOR IN GEN. MED. IN RIMS, RAICHUR -584 101¶33
D.P. Ambekar
respondent
DR. SHILPA ASSISTANT PROFESSOR IN GEN. MED. IN RIMS, RAICHUR-584 101¶34
D.P. Ambekar
respondent
DR. DEEPASHREE ASSISTANT PROFESSOR IN OBG IN RIMS, RAICHUR-584 101¶35
D.P. Ambekar
respondent
DR. SHANKARLINGA S ASSISTANT PROFESSOR ORTHOPEDICS IN RIMS, RAICHUR -584 101¶36
respondent
DR. RAMYA ASSISTANT PROFESSOR IN PEDIATRICS IN RIMS, RAICHUR -584 101¶37
D.P. Ambekar

Coram

AI extract

M.G.S. Kamalauthor¶44

Dr. Taranath v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Dr. Taranath v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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