Dr Ramesh N R vs The Departmentof Health
2022 Latest Caselaw 5741 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 30TH DAY OF MARCH 2022

                         PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

           W.P. No.6617 OF 2022 (EDN-MED-ADM)

BETWEEN:

1.     DR. RAMESH N.R.
       S/O REVAPPA GOWDA N.A.
       AGED ABOUT 35 YEARS
       WORKING AS GENERAL DUTY MEDICAL OFFICER
       PRIMARY HEALTH CENTRE
       HONNAVAR, DUDDA HOBLI
       HASSAN TALUK
       HASSAN DISTRICT.

2.     DR. NEETHA M.C.
       W/O DR. NARESH KUMAR S.J.
       AGED ABOUT 31 YEARS
       WORKING AS GENERAL DUTY MEDICAL OFFICER
       PRIMARY HEALTH CENTRE, HARAGADDE
       ANEKAL TALUK
       BENGALURU URBAN DISTRICT.

3.     DR. VINAY KUMAR M
       S/O MARAPPA A.S.
       AGED ABOUT 30 YEARS
       WORKING AS GENERAL DUTY MEDICAL OFFICER
       GUDDA HATTI, ANEKAL TALUK
       BENGALURU URBAN DISTRICT.
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                                      ... PETITIONERS
(BY MR. VIJAYA RAGHAVA SARATHY H.M. ADV.,)

AND:

1.   THE DEPARTMENTOF HEALTH
     FAMILY WELFARE SERVICES
     REP BY ITS SECRETARY
     VIKAS SOUDHA 560 001.

2.   THE DEPARTMENT OF HEALTH AND
     FAMILY WELFARE SERVICES
     (MEDICAL EDUCATION)
     REP. BY ITS SECRETARY
     VIKAS SOUDHA 560 001.

3.   THE DIRECTOR
     THE DEPARTMENT OF HEALTH AND
     FAMILY WELFARE (MEDICAL EDUCATION)
     ANANDA RAO CIRCLE
     BENGALURU 560 009.

4.   THE KARNATKA EXAMINATION AUTHORITY
     REP. BY ITS EXECUTIVE DIRECTOR
     C.E.T. CELL, SAMPIGE ROAD
     18TH CROSS, MALLESWARAM
     BANGALORE 560 012.

                                           ... RESPONDENTS
(BY MR. LAXMI NARAYANA, AGA FOR R1 TO R3
    MR. N.K. RAMESH, ADV., FOR R4)
                            ---

     THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE,
WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS
DIRECTING THE RESPONDENT NOS.3 AND 4 MORE PARTICULARLY
TO THE 4TH RESPONDENT EXAMINATION AUTHORITY TO ALLOW
THE PETITIONERS IN-SERVICE CANDIDATES BELONGS TO THE
HEALTH AND FAMILY WELFARE SERVICES TO OPT THE AVAILABLE
VACANT CLINICAL SEATS AT THE FIRST INSTANCE IN ENSUING
MOP-UP ROUND BEFORE HOLDING COUNSELING TO THE GENERAL
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CANDIDATES BASED ON THE MERIT RANKING ASSIGNED IN THE
IN-SERVICE MERIT LIST DATED 22/03/2022 (ANNEXURE-E) IN
WHICH THE PETITIONERS HAVE BEEN ASSIGNED THE RANKING
AT SL. NOS. 9, 14 AND 22 AND FURTHER ALLOT THE SEAT AS PER
THE PETITIONERS CHOICE IN THE MOP UP COUNSELLING UNDER
IN SERVICE CATEGORY BASED ON MERIT AND ALLOW THEM TO
PURSUE THE POST GRADUATE MEDICAL DEGREE COURSES.
GRANT SUCH OTHER RELIEFS INCLUDING AN ORDER OF COSTS.

     THIS W.P. COMING ON FOR ADMISSION, THIS DAY,
ALOK ARADHE J., MADE THE FOLLOWING:



                         ORDER

For the reasons assigned by us in the judgment

passed today in W.P.No.6735/2022, we do not find any

merit in this petition. The same fails and is hereby

dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

SS