Disposed¶39

Dr Sharadini v. the State of Karnataka

Karnataka HC4 Feb 2025WP/13712/2022

Case brief

AI extract

What is this about?

Karnataka HC writ petition (S-RES), WP No. 13712 of 2022, decided 04.02.2025 by Justice S.G. Pandit: Assistant Professor denied retrospective promotion from 08.11.2019 when juniors promoted 15.09.2020 petitioner; disposed of with direction to BMCRI Dean-cum-Director to consider 09.05.2022 representation (Annexure-N) and pass order in accordance with law within two months; Articles 226/227; probation completion claim (entry into service 19.01.2017, probation completion 18.01.2019) not adjudicated.

What did the court decide?

Direction to respondent No.2 (Dean-cum-Director, Bangalore Medical College and Research Institute) to consider the petitioner's representation dated 09.05.2022 (Annexure-N) and pass an appropriate order in accordance with law within two months; the writ petition was thereupon disposed of. ¶39

Dr Sharadini Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶39

Issue for consideration

Whether the petitioner, promoted as Assistant Professor on 15.09.2020 while junior respondent Nos.3 to 5 were promoted on 08.11.2019, is entitled to retrospective promotion from 08.11.2019, and whether respondent No.2 must consider her representation dated 09.05.2022 (Annexure-N) in that regard.

¶32

Court's answer

The second respondent-Institute (Bangalore Medical College and Research Institute) has an obligation in law to consider the petitioner's representation (Annexure-N dated 09.05.2022) and pass an appropriate order in accordance with law.

¶36

Ratio / Principle

Respondent No.2 was directed to consider the Annexure-N representation dated 09.05.2022 and pass an appropriate order in accordance with law within two months, upon which the writ petition was disposed of.

¶38

Detailed headnote1 paragraphs

Service matter before the High Court of Karnataka (Hon'ble Mr Justice S.G. Pandit, order dated 04.02.2025): an Assistant Professor, Department of OBG, Bangalore Medical College and Research Institute, promoted by order dated 15.09.2020 (Annexure-E), claimed retrospective promotion as Assistant Professor from 08.11.2019, the date on which her juniors (respondent Nos.3 to 5) were promoted under Annexure-L dated 08.11.2019. Counsel confined the prayer to consideration of the petitioner's representation dated 09.05.2022 (Annexure-N). The court held that the second respondent-Institute has an obligation in law to consider the representation and pass an appropriate order in accordance with law, and disposed of the writ petition directing respondent No.2 to consider the representation and pass an appropriate order within two months. Filed under Articles 226 and 227 of the Constitution of India; no precedent cited; no monetary quantum involved.

¶1

¶2

NC: 2025:KHC:5031 WP No. 13712 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 4^TH DAY OF FEBRUARY, 2025

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S.G.PANDIT

¶7

WRIT PETITION NO. 13712 OF 2022 (S-RES)

¶8

BETWEEN:

¶9

DR. SHARADINI W/O DR. NAVEEN KUMAR P AGED ABOUT 39 YEARS WORKING AS ASSISTANT PROFESSOR DEPARTMENT OF OBG BANGALORE MEDICAL COLLEGE K R ROAD, FORT BANGALORE-560002. (BY SRI. SRINIVASAN K. R., ADV.)

¶10

…PETITIONER

¶11

AND:

¶12

Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA

¶13

THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT (MEDICAL EDUCATION) M S BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560001.

¶14

DEAN-CUM-DIRECTOR BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE K R ROAD, FORT BENGALURU-560002.

¶15

2 - NC: 2025:KHC:5031 WP No. 13712 of 2022

¶16

DR. ASHOK KUMAR H S ASSISTANT PROFESSOR.

¶17

DR. RASHMI KUMAR K ASSISTANT PROFESSOR

¶18

DR. MANUJA ASSISTANT PROFESSOR

¶19

R3 TO 5 ARE WORKING AS ASSISTANT PROFESSORS DEPARTMENT OF OBG BANGALORE MEDICAL COLLEGE K R ROAD, FORT BANGALORE-560002.

¶20

…RESPONDENTS

¶21

(BY SRI. B.J. ESHWARAPPA, AGA FOR R1 SRI P.S. MALIPATIL, ADV. FOR R2 SRI SAGAR B.B., ADV. FOR R4 R3 & R5 ARE SERVED)

¶22

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R- 2 HEREIN TO DECLARE SATISFACTORY COMPLETION OF PROBATION PERIOD OF THE PETITIONER ON 18.01.2019 ITSELF TREATING THE DATE OF ENTRY INTO SERVICE AS 19.01.2017 AS SENIOR RESIDENT AND ETC.

¶23

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ’B’ GROUP , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶24

CORAM: HON'BLE MR JUSTICE S.G.PANDIT

¶25

3 - NC: 2025:KHC:5031 WP No. 13712 of 2022

¶26

ORAL ORDER

¶27

Heard learned counsel Sri.K.R.Srinivasan for

¶28

petitioner and Sri.P.S.Malipatil for respondent No.2, learned counsel Sri.Sagar B.B. for respondent No.4 as well as Sri.B.J.Eshwarappa, learned Additional Government Advocate for respondent No.1. Perused the writ petition papers.

¶29

Learned counsel for the petitioner would submit that the petitioner is working as Assistant Professor in the second respondent-Bangalore Medical College and Research Institute (for short “Institute”). It is the grievance of the petitioner that the petitioner is promoted as Assistant Professor by order dated 15.09.2020 (Annexure-E) and she would be entitled for retrospective promotion from 08.11.2019, the date on which respondent Nos.3 to 5 who are juniors to petitioner are promoted. Learned counsel would submit that under Annexure-L dated 08.11.2019, respondent Nos.3 to 5 are promoted as Assistant Professors. Thus, learned counsel would pray for

¶30

¶31

NC: 2025:KHC:5031 WP No. 13712 of 2022

¶32

consideration of her representation at Annexure-N dated 09.05.2022 and she would confine her prayer to consideration of her request for retrospective promotion from the date of promotion of respondent Nos.3 to 5 to the cadre of Assistant Professor.

¶33

Learned counsel Sri.P.S.Malipatil on behalf of respondent No.2 would submit that the petitioner was promoted as Assistant Professor on 15.09.2020 and her request for retrospective promotion under Annexure-N representation dated 09.05.2022 would be considered in accordance with law and order would be passed within a reasonable time.

¶34

The petitioner claims that she is senior to respondent Nos.3 to 5 and she is entitled for promotion to the cadre of Assistant Professor from the date on which, respondent Nos.3 to 5 are promoted to the said cadre under O.M. dated 08.11.2019. Learned counsel would submit that she was subsequently promoted as Assistant Professor under O.M. dated 15.09.2020 but, she claims promotion from

¶35

5 - NC: 2025:KHC:5031 WP No. 13712 of 2022

¶36

08.11.2019 to the cadre of Assistant Professor. In that regard the petitioner has submitted a representation at Annexure-N dated 09.05.2022. The second respondentInstitute has an obligation in law duty to consider the same and pass appropriate order, in accordance with law.

¶37

In the light of the above, the following order:

¶38

Respondent No.2 is directed to consider Annexure-N representation dated 09.05.2022 and pass appropriate order, in accordance with law, within a period of two months from today.

¶39

With the above direction, the writ petition is disposed

¶40

of.

¶41

Sd/(S.G.PANDIT) JUDGE

¶42

MPK CT:bms

¶43

List No.: 1 Sl No.: 34

Dr Sharadini v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Dr Sharadini 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

Similar cases

Shri Sharanappa Vs the State of Karnataka

Smt K Kala Vs the Registrar General

Sri Gurumurthy N B Vs the State of Karnataka

Ananda a O. Vs Bengaluru Bruhath Mahanagara Palike

Chandrashekhar M. Vs the Commissioner of Public Instructions

M/S Anjali Sanghvi LLP Vs Assistant Commissioner of Commercial Taxes