Karnataka High Court
Dr. Colaco Amanda Blanche, vs State Of Karnataka, on 21 June, 2021
Author: H.T.Narendra Prasad
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 21st DAY OF JUNE 2021
BEFORE
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION Nos.102727-102736/2016 (GM-RES)
BETWEEN:
1 . DR. COLACO AMANDA BLANCHE,
AGE: 23 YEARS, C/O.ABDON COLACO,
R/O. SF/2, DR.TARQUIND HENRIQUPS
APTS FR JOSE VAZ ROAD,
VASCO. DA GAMA. GOA-403802
NOW AT: ROOM NO.G-03
PHARIJATH GIRLS HOSTEL SDM
MEDICAL COLLEGE, SATTUR, DHARWAD.
2 . DR.DEEPAK ISHWARAPPA BETADUR,
AGE: 24 YEARS,
R/O. I.B. BETADUR,
ADVOCATE KALANI KETAN,
IST CROSS "A" BLOCK
MANJUNATH NAGAR, HAVERI-581110.
NOW ASVATHA HOSTEL
SDM MEDICAL COLLEGE DHARWAD.
3 . DR.RAJEEV R. PATIL,
AGE: 23 YEARS,
S/O.DR.R.N. PATIL,
PATIL HOSPITAL, 6TH CROSS,
K.C. RANI ROAD, GADAG-582101.
NOW ASVATHA HOSTEL
SDM MEDICAL COLLEGE DHARWAD
4 . DR.ABHISHEK T.,
AGE: 24 YEARS,
R/O. 6-2-71/7,
MANIK PRABHU LAYOUT,
2
NEAR MANIK PRABHU TEMPLE ROAD,
RAICHUR-584102.
NOW ASVATHA HOSTEL
SDM MEDICAL COLLEGE DHARWAD
5 . DR.PRIYAVRATA RAJASUBRAMANYA,
D/O. M.V. RAJASUBRAMANYA,
AGE: 23 YEARS,
R/O. SHRAVANA NEAR GOVINDA TEMPLE,
KAMBADOKONE, KAMBANTAKONE,
UDUPI-576219.
NOW P G ARIJATH GIRLS HOSTEL
SDM MEDICAL COLLEGE, DHARWAD
6 . DR.SHAMANTAKA S.
S/O DR.SHANKAR SOMAYAJI,
AGE: 24 YEARS,
R/O. MAMTHA GANGER MATERNITY
and IN FERTILITY RESEARCH UNITE,
NEAR KARNATAKA BANK, 7TH CROSS,
K.R. NAGARA, MYSORE-571602.
NOW ASVATHA HOSTEL
SDM MEDICAL COLLEGE DHARWAD
7 . DR.PARASURAM WADDER
S/O. YAMANAPPA WADDAR,
AGE: 23 YEARS,
R/O. MADURI, TQ: MUDDEBIHAL,
DIST: VIJAYAPURA-586129.
NOW ASVATHA HOSTEL
SDM MEDICAL COLLEGE DHARWAD
8 . DR.RAHUL M.
S/O M. LASHMIKANTHA REDDY,
AGE: 24 YEARS,
R/O. V.P. EXTENSION
1ST CROSS CHITRADURGA-577501.
NOW ASVATHA HOSTEL
SDM MEDICAL COLLEGE DHARWAD
9 . DR.BASAVARAJ
S/O SIDDANAGOUDA METI,
AGE: 24 YEARS,
R/O. BOODIHAL,
S.A. POST: ANAGAWADI,
3
TQ: BADAMI, DIST: BAGALAKOT.
NOW ASVATHA HOSTEL
SDM MEDICAL COLLEGE DHARWAD
10 . DR.RAJNISH KUMAR
EAST LOHANIPUR SARSWATI LANE,
KADAM KUAN PATNA,
BIHAR-800003
NOW ROOM NO.8
ASVATHA BOYS HOSTEL,
SDM MEDICAL COLLEGE, DHARWAD.
.. PETITIONERS
(BY SRI. G.N.NARASAMMANAVAR, ADV.)
AND:
1 . STATE OF KARNATAKA,
DEPARTMENT OF PARLIAMENTARY
AFFAIRS and LEGISLATION,
VIKASA SOUDHA, BENGALURU-01,
REPRESENTED BY ITS UNDER SECRETARY.
2 . STATE OF KARNATAKA,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
105, 1ST FLOOR, SECRETARIAT BUILDING,
VIKASA SOUDHA, SESHADRI ROAD,
BENGALURU-560001,
REPRESENTED BY ITS,
UNDER SECRETARY.
3 . KARNATAKA MEDICAL COUNCIL NO.70,
2ND FLOOR, VAIDYAKEEYA BHAVANA,
K.R. ROAD, H.B. SAMAJA ROAD CORNER,
BASAVANAGUDI, BENGALURU
REPRESENTED BY ITS REGISTRAR.
4 . RAJIV GANDHI UNIVERSITY OF
HEALTH AND SCIENCE,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560041
REPRESENTED BY ITS REGISTRAR.
5 . MEDICAL COUNCIL OF INDIA,
POCKET 14, SECTOR 8,
DWARKA, PHASE-1,
4
NEW DELHI,-110077,
REPRESENTED BY ITS SECRETARY
.. RESPONDENTS
(BY SRI. VINAYAKA S. KULKARNI, AGA FOR R1 AND R2.
SRI. SHIVAKUMAR S. BADAWADGI, ADV. FOR R4.
R-3 SERVED.
SRI. D.M. BANDI ADV. FOR R5.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/
DECLARE "KARNATAKA ACT 26 OF 2015 PUBLISHED IN THE
KARNATAKA GAZETTE EXTRAORDINARY-THE KARNATAKA
COMPULSORY SERVICE TRAINING BY CANDIDATES COMPLETED
MEDICAL COURSE ACT, 2012, ISSUED BY RESPONDENT NO.1
DATED:03.06.2015 STIPULATED MANDATORY CONDITION TO ALL
MEDICAL CANDIDATES WHO HAVE COMPLETED UG, PG AND SUPER
SPECIALLY COURSES TO UNDERGO ONE YEAR COMPULSORY
RURAL SERVICES TRAINING IN GOVERNMENT PRIMARY HEALTH
CENTERS OF GOVERNMENT HOSPITALS IN RURAL AREAS AS
HIGHLY ILLEGAL, UNCONSTITUTIONAL AND UNENFORCEABLE AND
GROSS VIOLATION OF RIGHTS GUARANTEED UNDER ARTICLE 14,
19(1)(G) AND 21 OF CONSTITUTION OF INDIA. VIDE ANNEXURE-A.
II. QUASH THE NOTIFICATION DATED:24.07.2015 ISSUED BY
RESPONDENTS NO.2 KARNATAKA COMPULSORY SERVICE
TRAINING BY CANDIDATES COMPLETED MEDICAL COURSE
(COUNSELING ALLOTMENT AND CERTIFICATION) RULES 2015, AS
THE SAME IS HIGHLY ARBITRARY ILLEGAL AND GROSS VIOLATION
TO ARTICLE 19(E)(G) AND 21 OF CONSTITUTION OF INDIA. VIDE
ANNEXURE-B. III.QUASH THE RESOLUTION DATED: 02.08.2015
PASSED BY RESPONDENTS NO.3 PURPORTEDLY PASSED UNDER
SECTION 4(A) OF THE KARNATAKA COMPULSORY SERVICE
TRAINING BY CANDIDATES COMPLETED MEDICAL COURSE ACT
2012, TEMPORARY SUSPENSION OF REGISTRATION OF
CANDIDATES; TO MEDICAL CANDIDATES AND ONLY CONSIDERING
AND REGISTERING CANDIDATES WHO HAVE COMPLETED
INTERNSHIP ON OR BEFORE 24.07.2015 VIDE ANNEXURE-C.
IV.DIRECT THE RESPONDENT NO.3 FOR REGISTERING
PETITIONERS NAME AS MEDICAL PRACTITIONER UNDER SECTION
13(1) OF KARNATAKA MEDICAL REGISTRATION ACT 1961 AND
RULES 1963. V.DIRECT THE RESPONDENT NO.4 UNIVERSITY TO
AWARD MBBS DEGREE TO PETITIONERS FOR HAVING
SUCCESSFULLY COMPLETED MBBS COURSE AS PER MCI
REGULATIONS.
5
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING IN B GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
In these writ petitions, the petitioners have sought for
the following relief:
i. Issue writ in the nature of certiorari or any other
appropriate writ, order or direction quashing/declare
"Karnataka Act 26 of 2015 published in the
Karnataka Gazette Extraordinary - The Karnataka
Compulsory Service Training by Candidates
completed Medical Course Act, 2012, issued by
respondent No.1 dated 30.06.2015 stipulated
mandatory condition to all Medial candidates who
have completed UG, PG and Super Specially Courses
to undergo one year compulsory rural services
training in Government Primary Health Centers or
Government Hospitals in rural areas as highly illegal,
unconstitutional and unenforceable and gross
violation of rights guaranteed under Article 4,
19(1)(g) and 21 of the Constitution of India vide
Annexure-A.
ii. Issue writ in the nature of certiorari or any other
appropriate writ, order or direction quashing
Notification No.HFW 249 HSH 2015 dated
24.07.2015 issued by respondent No.2 Karnataka
Compulsory Service Training by Candidates
completed Medical Course (counseling Allotment and
Certification) Rules 2015 as the same is highly
arbitrary illegal and gross violation to Article
19(1)(e)(g) and 21 of Constitution of India vide
Annexure-B.
iii. Issue writ in the nature of certiorari or any other
appropriate writ, order or direction quashing
resolution dated 2.08.2015 passed by respondent
No.3 purportedly passed under Section 4(a) of the
Karnataka Compulsory Service training by
Candidates completed Medical Course Act, 2012,
temporary suspension of Registration to Candidates;
to Medical Candidates and only considering and
registering candidates who have completed
internship on or before 24,7.2015 vide Annexure-C
iv. Issue writ in the nature of Mandamus or any other
appropriate writ, order or direction directing the
respondent No.3 for Registering Petitioners name as
Medical Practitioner under Section 13(1) of
Karnataka Medial Registration Act, 1961 and Rules
1963.
v. Issue writ in the nature of Mandamus or any other
appropriate writ, order or direction directing the
respondent No.4 University to award MBBS degree to
petitioners for having successfully completed MBB
course as per MCI Regulations.
vi. Grant such other reliefs that this Hon'ble Court may
deem fit in the facts and circumstances of the
matter.
2. Learned counsel appearing for the petitioners has
relied on the judgment of this Court in the case of Dr. Ankit
Agarwal and others v. State of Karnataka and Others
reported in 2021 (2) KCCR 1227 and submitted that these
writ petitions are covered by the aforesaid decision of this
Court.
3. The same is not disputed by Sri. Vinayaka S.
Kulkarni, learned Additional Government ADvocate.
4. In view of the above, these writ petitions are
disposed of. The petitioners are entitled for the similar relief
that was granted by the co-ordinate Bench in Writ Petition
Nos.39867-39876/2014.
Ordered accordingly.
Sd/-
JUDGE
kmv
