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

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

What the court decided

AI extract

Outcome

Direction to the competent authority to take a decision on the representation dated 09.10.2025 (mentioned in the prayer as 10.10.2025) expeditiously, preferably within one week; the learned AGA to communicate the order to the competent authority forthwith.

Issue for consideration

Whether the competent authority should take a decision on the petitioners' representation seeking that in-service quota unfilled seats available after the first round of counselling not be de-categorised till the mop-up round.

Court's answer

The petition is disposed of with a direction to the competent authority to take a decision on the representation dated 09.10.2025 (incorrectly mentioned in the prayer as 10.10.2025).

Ratio / Principle

The competent authority was directed to take the decision on the representation expeditiously and preferably within a period of one week from the date of the order.

Key takeaways

The learned AGA was directed to communicate the order to the competent authority forthwith.ratio¶79

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru, Division Bench of Jayant Banerji and K.V. Aravind JJ.; oral order dated 19.11.2025 per Jayant Banerji J. Twenty-five in-service General Duty Medical Officers working in Primary Health Centres across Karnataka filed this writ petition under Articles 226 and 227 of the Constitution seeking a mandamus that in-service quota unfilled seats remaining after the first round of counselling not be de-categorised till the mop-up round, by consideration of their association's representation dated 10/10/2025 (Annexure-A) addressed to Respondent No. 1 (Principal Secretary, Health and Family Welfare). At the hearing, counsel for the petitioners stated they would be satisfied if the competent authority decided the representation, and the learned AGA for Respondents 1 to 3 stated that the competent authority would do so. The Court disposed of the petition, noting that the representation was actually dated 09.10.2025 (incorrectly mentioned in the prayer as 10.10.2025) and had been received in the office of the Principal Secretary, Health and Family Welfare Department, Vikasa Soudha, Bengaluru on 10.10.2025, and directed the competent authority to take a decision on it expeditiously and preferably within one week, with the learned AGA to communicate the order forthwith. No substantive rights were adjudicated; no precedent was cited.

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF NOVEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE JAYANT BANERJI AND

THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 33766 OF 2025 (EDN-RES)

BETWEEN:

DR. HARISH KUMAR, S/O LATE M D MAHADEVAKUMAR, AGED ABOUT 33 YEARS,

WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC KODASOGE, GUNDULPET TALUK-571 111, R/A 122 B BLOCK, 4TH CROSS, SAMPATH ROAD, MAMBALLI, YELANDUR TALUK, CHAMARAJANAGAR DISTRICT-571 442.

Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA

DR. SUGHOSH S GANJAM, S/O MR G S SURESH, AGED ABOUT 37 YEARS, WORKILNG AS GENERAL DUTY MEDICAL OFFICER, PHC CHILAKAWADI, KOLLEGALA TALUK-571 442, CHAMARAJANAGAR DISTRICT, R/A NO.786, MADHAVA RAO ROAD, T.NARASIPURA, MYSURU DISTRICT-571 124.

DR. KIRAN KUMAR.M, S/O MANJUNATH, AGED ABOAUT 38 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER,

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PHC BESAGARAHALLI, MADDUR TALUK, MANDYA DISTRICT-571 419, R/A MUNJUNATHANAGAMMA NILAYA, MANDYA-571 401.

DR.PRASHANT DHUMGOD, S/O SHARANAPPA, AGED ABOUT 36 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, RESIDING AT SALOTAGI, INDI TQ, VIJAYAPURA-586 217.

DR.SAGAR.K.S, S/O SHANKAREGOWDA K.N, AGED ABOUT 35 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC AKKIHEBBALU, K R PETE TALUK, MANDYA DISTRICT.

DR. PRATHIK.M.P, S/O PURUSHOTHAM.D, AGE ABOUT 35 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC DODDAMULAGUDU, TQ T.NARASIPURA, MYSURU-571 101, R/A #288, SRI VENKATESHWARA, 2ND FLOOR, KAPILA MARGA, SIDDHARTHA NAGAR, MYSURU-570 011.

DR.VINAY PATEL.G.L, S/O LOKESHAPPA G E, AGED ABOUT 35 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC HULTLHIKOPPA, SORABA TALUK, SHIMOGA DISTRICT-577 429.

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DR.CHANDRAKANTHA.K.M, S/O KARIBASANNANAVARA MF, AGED ABOUT 36 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC CHIKKJOGIHALLIN, SHIKAPPUR TQ, SHIMOGA DISTRICT-5772145.

DR.BASAVARAJ SAGAR.H.L, S/O LOKESH H.G, AGED ABOUT 31 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, AT PHC RAYARAKOPPAL, ALUR TQ, HASSAN DIST, R/A AT SWAPNA SOWDA, DEVARAJ URS ROAD, VIDYANAGAR HASSAN-573 201.

DR.ARUN.C.M, S/O MARIYAIAH, AGED ABOUT 40 YEARS, WORKING AS GENERAL DUTY, MEDICAL OFFICER PHC KALINGANAHALLI , NAGAMANGALA TALUK, MANDYA DISTRICT PIN-571 418.

DR.VAIBHAV BHIMAPPA JAMBAGI, S/O BHIMAPPA JAMBAGI, AGED ABOUT 34 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC KOT, TQ HUKKERI, DIST BELAGAVI-591 254, R/A SIDDHI VINAYAK, 10958 2ND MAIN,

9^TH CROSS SADASHIV NAGAR, BELGLAUM-590 001.

DR.RAMYA.V.V, D/O A.K.VITTAL, AGED ABOUT 35 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER,

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URBAN PHC-RAMANAGAR, BELAGAVI-590 010, R/A MIG 110, FIRST FLOOR, OPPOSITE TO CANARA BANK, MAHANTESH NAGAR, BELAGAVI-590 010.

DR.BHARATH.M.N, S/O MUNIYALLAGAIAH C A, AGED ABOUT 37 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC SHIVAPURA, MANDYA TALUK, MANDYA DISTRICT-571 416.

DR.S.K.BHARAT, S/O S P KERIYAPPA, AGED ABOUT 39 YEARS WORKING AS GENERAL DUTYMEDICAL OFFICER, PHC BANDAGADDE, SAGARA TALUK, SHIMOGA DISTRICT-577 430.

DR.SUNIL KUMAR.M.L, S/O LAKSHMNARAYANA, AGED ABOUT 44 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC KOTHIPURA, MADDUR TALUK, MANDYA DISTRICT-571 433.

DR. JYOTHI.D.G, D/O LATE S.DEVARAJU, AGED ABOUT 42 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC CHOTTANAHALLI, MALAVALLI TALUK, MANDYA DIST-571 430.

DR.SURESH, S/O PANDU NAIK,

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AGED ABOUT 42 YEARS, WORKING AS TALUK HEALTH OFFICER, HOSANAGARA, R/AT. VINOBHA NAGARA, SHIMOGA -577 201.

DR.CHITRA, D/O. M.RAMAMOORTHY, AGED ABOUT 34 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC BYRAKUR, MULBAGAL TALUK, KOLAR DIST-563 101.

DR. MANJUNATH S AKASHI, S/O SURESH, AGED ABOUT 40 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC MALAGHAN, SINDAGI TALUK, VIJAYAPUR DIST-586 128.

DR. APARNA BHADRA SHETTY, D/O. ANNAPPA BHADRASHETTY, AGED ABOUT 37 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC GOBBUR B KALABURAGI, RESIDING AT 2-910/65/80, DOCTOR S COLONY, JAYANAGAR, KALABURAGI-585 105.

DR.MALLAPPA SURESH SHALADAR, AGED ABOUT 36 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC KATAKOL, TQ -RAMDURG, DIST- BELAGAVI, RESIDING AT A/P- SHIROL, TQ- NARAGUND, DIST- GADAG-582 207.

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DR. SACHIN D GOWDA, S/O T.C.DEVEGOWDA, AGED ABOUT 34 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC TALAGAVADI, MALAVALI TALUKA, RESIDING AT. NO.180 SWARNA KUTIRA, 6TH CROSS, KUVEMPUNAGAR, NEAR BALAMURI GANAPATHI TEMPLE, MANDYA-571 401.

DR. SANDEEPKUMAR.S, S/O SHIVAMURTHY S.N, AGED ABOUT 34 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC HANGALA, GUNDLUPET TALUK, RESIDING AT SHIVAPURA, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT-571 111.

DR.SCHIN VIJAY MANE, AGED ABOUT 35 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC, HALAGALI, MUDHOL TALUK, BAGALKOTE DISTRICT-587 313.

DR. NAVYA G APPAJI, D/.O. GURAPPAJI. M.L., AGED ABOUT 35 YEARS, WORKG IN AS GENERAL DUTY MEDICAL OFFICER, R/AT, 2ND CROSS, SIDDARTHANAGARA, MALAVALLI TOWN, MANDYA DISTRICT-571 430

…PETITIONERS (BY SRI.H.M.VIJAYA RAGHAVA SARATHY, ADVOCATE)

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AND:

THE STATE OF KARNATAKA, REP. ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, VIKAS SOUDHA, BENGALURU-560 001.

THE COMMISSIONER, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, LEPROCY HOSPITAL COMPOUND, MAGADI ROAD-560 023.

THE DIRECTORATE OF MEDICAL EDUCATION, REP. BY ITS DIRECTOR, BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE, (OLD BUILDING), 1ST FLOOR. FORT, K.R.ROAD, BENGALURU - 560 002.

KARNATAKA EXAMINATION AUTHORITY, REP. BY ITS EXECUTIVE DIRECTOR, OFFICE AT. 18TH CROSS, SAMPIGE ROAD, MALLESWARAM, BENGALURU-560 012, EMAIL-keaauthority [email protected]

…RESPONDENTS

(BY SMT.ANITHA, AGA FOR R1 TO R3, SRI.N.K.RAMESH, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTUION OF INDIA PRAYING TO (A) ISSUE AN APPROPRIATE ORDER OR DIRECTION IN THE NATURE OF MANDAMUS BY CONSIDERING THE

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REPRESENTATION DATED 10/10/2025 (ANNEXURE-A) SUBMITTED BY THE PETITIONERS THROUGH ITS ASSOCIATION TO THE 1ST RESPONDENT, DIRECTING THE 1ST RESPONDENT OR THE 2ND RESPONDENT TO ISSUE ORDERS THROUGH THE 3RD RESPONDENT OR THE 2ND RESPONDENT TO ISSUE ORDERS THROUGH THE 3RD RESPONDENT DIRECTOR OF MEDICAL EDUCATION TO THE 4TH RESPONDENT KARNATAKA EXAMINATION AUTHORITY TO NOT TO DE CATEGORISE INSERVICE UNFILLED SEATS AVAILABLE AFTER THE 1ST ROUND OF COUNSELLING, RESERVED UNDER IN-SERVICE QUOTE TILL THE MOP UP ROUND. (B)ISSUE APPROPRIATE WRIT ORDER OR DIRECTION.

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

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE K. V. ARAVIND

ORAL ORDER

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

The petitioners seek direction to the respondents to

consider a representation dated 10.10.2025.

Learned counsel for the petitioners states that the petitioners would be satisfied if the decision is taken by the competent authority on the aforesaid representation.

Learned AGA appearing for the respondents No.1, 2 and 3 states that competent authority will take decision on the representation that is enclosed as Annexure –A to this petition.

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In view of the aforesaid, this petition is disposed of with a direction to the competent authority to take a decision on the aforesaid representation dated 09.10.2025 (incorrectly mentioned in the prayer as 10.10.2025) that has been received in the office of the Principal Secretary, Health and Family Welfare Department, Vikasa Soudha, Bengaluru on 10.10.2025 expeditiously and preferably within a period of one week from today.

Learned AGA is directed to communicate the order to the

competent authority forthwith.

Sd/(JAYANT BANERJI) JUDGE

Sd/(K. V. ARAVIND) JUDGE

BVK

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