Mr. Prathap. v Vs State of Karnataka

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DTD 13.05.2024 PASSED BY THE R-3 AT ANNEXURE-A AND ETC.,

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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 S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioner seeks the following reliefs:

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(a) To issue writ of certiorari or any other writ, quashing the impugned order dated 13.05.2024 bearing No.KMIOIAC/RP-intern 836/2024, passed by respondent No.3, at Annexure-A and

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(b) To issue writ of mandamus or any other writ, directing the respondent No.2, to reinstate and pay all the back wages to the petitioner as per the list at Annexure-B and

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(c) To issue writ of mandamus or any other writ directing respondent No.1 and 2, to have the canteen facility to all the residents in hostel of he

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respondent No.2 premises, within period of 1 month.

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(d) To issue writ of mandamus or any other writ, directing the respondent No.2 to deposit the respective stipends to all the interns including the petitioner working at the institution of respondent No.2 on or before the 1^st of next month and

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(e) To issue writ of mandamus or any other writ, directing respondent No.2 to pay the compensation of Rupees 1,00,000/- (Rupees One Lakh only) to petitioner, for causing mental harassment for not paying stipends on time and terminating the petitioner without any cogent reason.

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(f) To pass any other order that this Hon'ble court may deem fit in the interest of justice and equity.

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A perusal of the material on record will indicate

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that pursuant to the entrance test conducted on 11.03.2024 the petitioner was selected for the internship program in the department of Radiation Physics for the year 2024-25 by respondent Nos.2 and 3 pursuant to which the petitioner reported to the said internship for the year 2024-25 batch. It is the grievance of the petitioner that without following the due

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process of law nor the prescribed procedure and also without providing any opportunity whatsoever to the petitioner, thereby violating the principles of natural justice, the respondents have straight away issued the impugned Official Memorandum dated 13.05.2024 terminating the petitioner from the internship program and as such, the impugned Official Memorandum dated 13.05.2024 deserves to be set aside and the petitioner be reinstated into the internship program.

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Per contra, learned counsel for the respondent Nos.2 and 3 submits that having regard to the behavioral issues of the petitioner, the respondent Nos.3 and 4 were left with no option but to terminate the internship services/ program of the petitioner who is not entitled to any relief in the present petition.

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Before adverting to the rival submissions, it would be necessary to extract the impugned Official Memorandum, which reads as under:

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With reference to the above cited subject and reference, Mr.Prathap V was selected for Radiation Physics Internship in the Department of

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Radiation Physics in for the academic year 202425 at (Ref-1). We have received the letter from Department of Radiation Physics (Ref-2) to terminate Mr.Prathap V due to several complaints against him. Based on the received letter, Mr.Prathap V is terminated effective from 07.05.2024 from the Radiation Physics Internship Programme for the academic year 2024-25.

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As is clear from the impugned Official Memorandum, except stating that the Department of Radiation Physics issued a communication dated 07.05.2024 to the respondents 2 and 3, the impugned Official Memorandum has been issued in total and complete violation of principles of natural justice inasmuch as no opportunity whatsoever was provided to the petitioner before terminating his internship services as borne out from the material on record. On this short ground alone for violation of principles of natural justice, I deem it just and appropriate to set aide the impugned Official Memorandum and remit the matter back to the respondent Nos.2 and 3 for re-consideration of the matter afresh in accordance with law. In the result, I pass the following:

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O R D E R

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(i) Petition is hereby partly allowed.

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(ii) impugned Official Memorandum is hereby set aside.

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(iii) The matter is remitted back to the respondent Nos.2 and 3 for re-consideration afresh in accordance with law.

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(iv) The respondent Nos.2 and 3 shall notify the petitioner and follow due process of law / prescribed procedure and provide sufficient and reasonable opportunity to the petitioner and hear him and proceed further in accordance with law.

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