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

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Karnataka HC
2025
Dr Sounder Raj Vs the State of KarnatakaDr Sounder Raj v. the State of Karnataka

Dismissed¶32

Dr Sounder Raj v. the State of Karnataka

Karnataka HC4 Mar 2025WP/16944/2013

Case brief

AI extract

What is this about?

Karnataka High Court (single Judge, R. Nataraj, J.), WP No. 16944 of 2013 (S-RES), decided 04.03.2025 — writ petition under Article 226 seeking quashing of orders dated 26.03.2013 and 27.03.2013 restricting Professor to non-HoD post and relieving him from Headship of Department of Prosthodontia, Government Dental College and Research Institute, Bengaluru; alleged violation of Articles 14, 16, 21; interim stay of corrigendum dated 26.3.2013 granted 10.04.2013; petition dismissed as infructuous on account of petitioner's retirement with no additional benefit received. Keywords: infructuous writ petition; mootness on retirement; Head of Department; Prosthodontia; corrigendum; Article 226.

What did the court decide?

In view of the petitioner's retirement, his continuation as Head of the Department of Prosthodontia till the date of retirement, and receipt of no additional benefit, the writ petition was dismissed as having become infructuous. The constitutional challenge to the impugned orders was not adjudicated on merits.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the orders dated 26.03.2013 (Annexure-E) and 27.03.2013 (Annexure-F) restricting the petitioner to the post of Professor and relieving him from the post of Head of the Department of Prosthodontia were violative of Articles 14, 16 and 21 of the Constitution and liable to be quashed. +1 more

Ratio / Principle

In view of the petitioner's retirement, his continuation as Head of the Department of Prosthodontia till the date of retirement, and receipt of no additional benefit, the writ petition was dismissed as having become infructuous. The constitutional challenge to the impugned orders was not adjudicated on merits.

Detailed headnote1 paragraphs

Constitutional Law — Art. 226 writ petition challenging orders dated 26.03.2013 (corrigendum, Annexure-E) and 27.03.2013 (Annexure-F) restricting the petitioner, Professor and Head of the Department of Prosthodontia, Government Dental College and Research Institute, Bengaluru, to the post of Professor and relieving him as Head of Department, alleged violative of Articles 14, 16 and 21 — interim stay of the corrigendum had been granted on 10.04.2013 — by the date of hearing the petitioner had retired, had continued as Head of the Department till retirement and had drawn no additional benefit — writ petition dismissed as having become infructuous; no adjudication on merits. (R. Nataraj, J.)

A

NC: 2025:KHC:9128 WP No. 16944 of 2013

1 -

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 16944 OF 2013 (S-RES)

BETWEEN:

DR.SOUNDER RAJ, S/O. KRISHNAPPA, AGED ABOUT 52 YEARS, WORKING AS PROFESSOR AND HEAD OF THE DEPARTMENT OF PROSTHODONTIA, GOVERNMENT DENTAL COLLEGE AND RESEARCH INSTITUTE, FORT, BANGALORE-560082 AND RESIDING AT: NO.42/A, 31^ST "A" CROSS, 7^TH BLOCK, JAYANAGAR, BANGALORE - 560 082.

…PETITIONER

(BY SRI. M NARAYANA BHAT, ADVOCATE)

AND:

Digitally signed by SUMA Location: HIGH COURT KARNATAKA

THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, VIKASA SOUDHA, BANGALORE - 560 001.

THE GOVERNMENT OF DENTAL COLLEGE, AND RESEARCH INSTITUTE, REPRESENTED BY ITS DIRECTOR AND DEAN VICTORIA HOSPITAL CAMPUS BANGALORE - 560 002.

DR. PRITHWIRAJ, DEAN CUM DIRECTOR, GOVERNMENT DENTAL COLLEGE AND RESEARCH INSTUTUTE,

2 -

NC: 2025:KHC:9128 WP No. 16944 of 2013

BANGALORE - 560 002.

…RESPONDENTS

(BY SRI.B.J.ESWARAPPA, AGA FOR R1, SMT.SUMANA BALIGA, ADVOCATE FOR R2 SRI. RAGHAVENDRA.G.GAYATHRI, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT.26.3.13, MARKED AT ANN-E & ORDER DT.27.3.13, MARKED AT ANN-F, AS THE SAME ARE VIOLATIVE OF ARTICLES 14, 16 & 21 OF THE CONSTITUTION AND ETC.

THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has challenged an order bearing No.Aa.Ku.Ka/77/MME/2013 dated 26.03.2013 and the order bearing No.Sa.tho.ka.sm.sm/ C(1)/ 32/ 2012-2013 dated 27.03.2013 by which, the posting of the petitioner at Government Dental College and Research Institute, Bengaluru, was restricted to the post of Professor and he was relieved from the post of the Head of the Department of Prosthodontia.

This Court passed an interim order dated 10.04.2013, which is as follows:

3 - NC: 2025:KHC:9128 WP No. 16944 of 2013

" Issue Emergent notice to Respondents.

Issue interim stay of the operation of the corrigendum dated 26.3.2013 [copy at Annexure-E], pending further orders in this writ petition."

3. The learned counsel for the petitioner submits

that the petitioner has since retired and till the date of retirement, he continued as the Head of the Department of Prosthodontia. He therefore contends that the writ petition has spent in itself. He also submits that the petitioner has not received any additional benefit for being continued as the Head of the Department of Prosthodontia.

In view of the above, this writ petition is

dismissed as having become infructuous .

Sd/(R. NATARAJ) JUDGE

BKN/List No.: 1 Sl No.: 43

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the orders dated 26.03.2013 (Annexure-E) and 27.03.2013 (Annexure-F) restricting the petitioner to the post of Professor and relieving him from the post of Head of the Department of Prosthodontia were violative of Articles 14, 16 and 21 of the Constitution and liable to be quashed.¶21
2.
Whether the writ petition survived in view of the petitioner's retirement during its pendency (i.e., had become infructuous).medium confidence¶30
The court held
In view of the petitioner's retirement, his continuation as Head of the Department of Prosthodontia till the date of retirement, and receipt of no additional benefit, the writ petition was dismissed as having become infructuous. The constitutional challenge to the impugned orders was not adjudicated on merits.ratio¶32

Statutes considered

2 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶21 Articles 14, 16 & 21¶21

Procedural history

How this case reached the court

AI extract

Order under challenge
Order No.Aa.Ku.Ka/77/MME/2013 dated 26.03.2013 (corrigendum, Annexure-E) and order No.Sa.tho.ka.sm.sm/ C(1)/ 32/ 2012-2013 dated 27.03.2013 (Annexure-F) by which the petitioner's posting at Government Dental College and Research Institute, Bengaluru, was restricted to the post of Professor and he was relieved from the post of Head of the Department of Prosthodontia.¶24
26.03.2013 and 27.03.2013
Prior proceeding
Interim order dated 10.04.2013 by this Court: emergent notice issued and interim stay granted of the operation of the corrigendum dated 26.3.2013 (Annexure-E).¶28
Prior proceeding
By the time of hearing the petitioner had since retired, had continued as Head of the Department of Prosthodontia till retirement, and had received no additional benefit.¶30

Parties & counsel

AI extract

petitioner
DR.SOUNDER RAJ¶8
SRI. M NARAYANA BHAT
respondent
THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MEDICAL EDUCATION¶13
SRI.B.J.ESWARAPPA
respondent
THE GOVERNMENT OF DENTAL COLLEGE, AND RESEARCH INSTITUTE, REPRESENTED BY ITS DIRECTOR AND DEAN¶14
SMT.SUMANA BALIGA
respondent
DR. PRITHWIRAJ¶15
SRI. RAGHAVENDRA.G.GAYATHRI

Coram

AI extract

R. NATARAJauthor¶22

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 4 Mar 2025 · March
Registered: 9 Apr 2013
Case no.: WP/16944/2013
CNR: KAHC010224442013
Topic: Writ and Judicial Review
Bench: R. Natara
Disposal: DISMISSED
Case type: Writ Petition (S-RES)

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Cite this judgement

Dr Sounder Raj v. the State of Karnataka, WP/16944/2013 (KA), decided on 4 March 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Constitution of IndiaArticle 226 · Articles 14, 16 & 21

View all statutes

Procedural history3

Order No.Aa.Ku.Ka/77/MME/2013 dated 26.03.2013 (corrigendum, Annexure-E) and order No.Sa.tho.ka.sm.sm/ C(1)/ 32/ 2012-2013 dated 27.03.2013 (Annexure-F) by which the petitioner's posting at Government Dental College and Research Institute, Bengaluru, was restricted to the post of Professor and he was relieved from the post of Head of the Department of Prosthodontia.26.03.2013 and 27.03.2013
Interim order dated 10.04.2013 by this Court: emergent notice issued and interim stay granted of the operation of the corrigendum dated 26.3.2013 (Annexure-E).
By the time of hearing the petitioner had since retired, had continued as Head of the Department of Prosthodontia till retirement, and had received no additional benefit.

View full history

Bench / Coram

R. NATARAJ

Parties & counsel