Dr Jayalakshmi M K vs The Principal Secretary
2022 Latest Caselaw 3615 Kant

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            IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

         DATED THIS THE 3RD DAY OF MARCH, 2022

                        PRESENT
       THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
                           AND
        THE HON'BLE MRS.JUSTICE K.S. HEMALEKHA
               W.A. NO. 100314/2021 (S-PRO)
BETWEEN:

DR. JAYALAKSHMI M.K W/O T. RAVI NAIK,
AGED ABOUT 56 YEARS, OCC: ASSOCIATE
PROFESSOR AND HOD OF PHYSIOLOGY,
GIMS, GADAG, R/O RS NO. 113/28,
PLOT NO. 12, NANDISHWAR NAGAR,
KALASPUR ROAD, GADAG-582 101.
TQ & DIST: GADAG.
                                            -   APPELLANT
(BY SRI SHIVARAJ C. BELLAKKI, ADVOCATE)

AND:

1.     THE PRINCIPAL SECRETARY,
       HEALTH AND FAMILY WELFARE
       (MEDICAL EDUCATION), VIKAS SOUDHA,
       BENGALURU, PIN CODE: 560 001.

2.     THE DIRECTOR OF MEDICAL EDUCATION,
       ANANDRAO CIRCLE, BENGALURU,
       PIN CODE: 560 002.

3.     THE DIRECTOR AND CHAIRPERSON OF
       DEPARTMENTAL PROMOTION COMMITTEE (DPC),
       GADAG INSTITUTE OF MEDICAL SCIENCE, GADAG,
       MULGUND ROAD, MALLASAMUDRA, GADAG,
                              2


     PIN CODE: 582 103.

4.   THE CHIEF ADMINISTRATION OFFICER,
     GADAG INSTITUTE OF MEDICAL SCIENCE,
     GADAG, MULGUND-582 103.

5.    DR. RAJASHREE RAVISHANKAR,
      AGED ABOUT 48 YEARS,
      OCC: ASSOCIATE PROFESSOR IN
      PHYSIOLOGY, GADAG INSTITUTE OF
      MEDICAL SCIENCE, GADAG,
      MULGUND ROAD, MALLASAMUDRA,
      GADAG-582 103.
                                    -     RESPONDENTS
(BY SRI G.K. HIREGOUDAR, AGA FOR R1 & R2,
SRI J.S. SHETTY, ADVOCATE FOR R3 & R4,
SRI SANJAY S. KATAGERI, ADVOCATE FOR R5)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE

THE ORDER DATED 19.11.2021 PASSED BY THE LEARNED

SINGLE JUDGE IN W.P. NO. 147264/2020 & ETC.


     THIS   WRIT   APPEAL   COMING   ON   FOR   PRELIMINARY

HEARING THIS DAY, S.SUNIL DUTT YADAV J., DELIVERED THE

FOLLOWING:
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                        JUDGMENT

The appellant has called in question the correctness of the

order passed in W.P. No. 147264/2020 whereby the learned

single Judge had directed that the authorities concerned were

required to consider the recommendation at Annexure-L dated

05.12.2019 made as regards to the respondent No.5 herein.

2. The facts that are made out is that as regards promotion

to the post of Professor, Department of Physiology, as per

Annexure-L recommendation was made and the same was

required to be considered by the respondents No.1 and 2.

Accordingly, the writ petition was filed seeking appropriate relief.

The said writ petition came to be allowed directing the

respondents no.1 and 2 to consider the recommendation made

by the respondents No.3 and 4 at Annexure-L.

3. The appellant herein submits that recommendation has

been made even as regards the appellant herein on the same

day, i.e., 05.12.2019, copy of which is enclosed as Annexure-R4

and that the dismissal of impleading application filed before the

learned single Judge ought not to be construed as excluding the

consideration of the recommendation of the appellant herein by

the respondents No.1 and 2 while deciding the promotion to the

post of Professor.

4. Learned A.G.A. appearing on behalf of the respondent

submits that apprehension of the appellant is uncalled as all

recommendations made and entitlements of all persons as per

procedure and rules applicable will be considered by the

respondents No.1 and 2.

5. In the light of the said stand taken by the learned A.G.A.

apprehension of the appellant is also taken note of. Accordingly,

writ appeal is disposed of while taking note of the stand taken by

the learned A.G.A.

The contention of the parties are kept open and the parties

are at liberty to take their stand regarding their entitlement vis-

à-vis others before the Government during the process of the

respondents No.1 and 2 taking a decision as regards promotion.

Parties are open to place such material before the

Government as may assist the Government in arriving at a

proper decision.

In the light of disposal of the writ appeal, I.A. No. 2/2022

is disposed of as not calling for any order. I.A. No 3/2022 is

allowed and the said documents are taken note of. I.A. No.

1/2022 for dispensation is allowed and production of typed copy

and translated copy is dispensed with.

SD JUDGE

SD JUDGE

bvv