Dr. Swapna Rayappa vs Bruhat Bengaluru Mahanagara ...
2021 Latest Caselaw 6645 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 18TH DAY OF DECEMBER 2021

                         PRESENT

        THE HON'BLE MR. JUSTICE ALOK ARADHE

                            AND

 THE HON'BLE MR.JUSTICE ANANT RAMANATH HEGDE

             W.A. NO.1250 OF 2021 (S-RES)
                          IN
             W.P.No.9422 OF 2021 (S-RES)

BETWEEN:

DR. SWAPNA RAYAPPA
AGED ABOUT 35 YEARS
W/O SRI. PRAKASH M V
WORKING AS INSURANCE MEDICAL
OFFICER (CONTRACT BASIS)
DYAVASANDRA DISPENSARY
MAHADEVAPURA POST
BENGALURU - 560 048
(UNDER DIRECTORATE OF EMPLOYEES
STATE INSURANCE SCHEME-MEDICAL
SERVICES (ESIS-MS)
DEPARTMENT OF LABOUR
GOVERNMENT OF KARNATAKA
MOBILE NO: 9886654588
E-Mail:[email protected]

RESIDING AT NO.47
5TH MAIN ROAD, HVR LAYOUT
BASAVESHWARA NAGARA POST
BENGALURU - 560 079.
                                      ... APPELLANT

(BY MR. P.A. KULKARNI, ADV.,)
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AND:

1.     BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP)
       N R CIRCLE, BENGALURU - 560 002.

2.     SPECIAL RECRUITMENT COMMITTEE
       TO BE REPRESENTED BY COMMISSIONER
       BRUHAT BENGALURU MAHANAGARA PALIKE
       (BBMP) N.R. CIRCLE, BENGALURU - 560 002.

                                              ... RESPONDENTS
(BY MR. B.S. GAUTHAM, ADV.,)
                               ---

      THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED
26.08.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.
NO.9422/2021    (S-RES)  AND    ALLOW    WRIT   PETITION
NO.9422/2021 (S-RES). PASS ANY OTHER ORDER OR DIRECTION
AS DEEMED FIT BY THIS HON'BLE COURT IN THE FACTS AND THE
CIRCUMSTANCES OF THE CASE.

     THIS W.A. COMING ON FOR ADMISSION, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                             JUDGMENT

Mr.P.A.Kulkarni, learned counsel for the appellant.

Mr.B.S.Gautham, learned counsel for the respondent.

This intra Court appeal has been filed against the order

dated 26.08.2021 passed by the learned Single Judge by

which the writ petition filed by the appellant has been

dismissed.

2. Facts leading to filing of this appeal in a nutshell are

that the appellant was appointed on contract basis as

Insurance Medical Officer under the Employees' State

Insurance Scheme - Medical Services, from 18.01.2017. The

Bruhat Bengaluru Mahanagara Palike (BBMP) invited

applications for appointment to the post of General Duty

Medical Officer by a notification dated 19.02.2021. A

weightage of 2½% for each completed six months of service

is given to the candidates who serve in Government Hospitals

falling under the Directorate of Health and Family Welfare

Services or Medical Education and Schemes coming under

the National Rural Health Mission or National Health Mission

in Karnataka or in BBMP either on contract or regular basis.

The petitioner assailed the validity of the aforesaid

notification in the writ petition on the ground that the benefit

of weightage of marks has not been made available to the

doctors working in ESI Dispensaries. The learned Single

Judge, by an order dated 26.08.2021, dismissed the writ

petition inter alia on the ground that the weightage in the

notification has been prescribed under Rule 6 of the Rules

framed under Section 421 of the Karnataka Municipal

Corporations Act, 1976 and since the aforesaid Rule does not

include the doctors serving in ESI Dispensaries, in the

absence of any challenge to the Rule, no relief can be

granted to the petitioner.

3. Learned counsel for the petitioner submitted that the

learned Single Judge ought to have treated the challenge to

the notification as the challenge to the Rules itself.

4. We have considered the submissions made by the

learned counsel for the appellant. We are unable to agree

with the aforesaid submission that the challenge to the

notification ought to have been treated as the challenge to

the Rules itself. In the absence of any challenge to Rule 6(2)

of the Bruhat Bengaluru Mahanagara Palike Services

(Recruitment to Senior Medical Officers or Specialists and

General Duty Medical Officers) (Special Rules), 2020, the

relief could not have been granted to the petitioner.

5. We, therefore agree with the conclusion arrived at

by the learned Single Judge.

In the result, there is no merit in the appeal. The same

fails and is accordingly dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

RV