Karnataka High Court
The Dean Cum Director vs Dr. Raghunandan P on 27 February, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
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WA No.4398 of 2017
C/W WA No.4321 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A PATIL
WRIT APPEAL NO.4398 OF 2017 (S-RES)
C/W
WRIT APPEAL NO.4321 OF 2017 (S-RES)
IN W.A. NO.4398 OF 2017
BETWEEN:
1. DR. D. PRITHVI RAJ
Digitally S/O LATE. D. REVANAPPA
signed by AGED ABOUT 59 YEARS
RUPA V NO.790, 20TH CROSS, 18TH MAIN ROAD
Location: BANASHANKARI 2ND STAGE
High Court of
Karnataka BANGALORE-560070.
...APPELLANT
(BY SRI. K. SREEDHAR, ADV.,)
AND:
1. DR. RAGHUNANDAN .P
S/O LATE S POOBALAN
AGED ABOUT 40 YEARS
NOW RESIDING AT NO.41, 2ND CROSS
SYNDICATE BANK COLONY
7TH BLOCK, 4TH PHASE, 3RD STAGE
BANASHANKARI, BANGALORE-560 085.
2. DR. UZMA RAZVI
D/O S N H RAZVI
AGED ABOUT 40 YEARS
NOW RESIDING AT NO.8, 1ST FLOOR
M D M ROAD, FRAZER TOWN
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WA No.4398 of 2017
C/W WA No.4321 of 2017
BANGALORE-560 005.
3. DR. CHAMPAKA G RAO
D/O GURURAJA RAO
AGED ABOUT 40 YEARS
NOW RESIDING AT NO.20, 3RD MAIN ROAD
RAMAMOHANAPURAM, BANGALORE-560 021.
4. THE STATE OF KARNATAKA
REP BY ITS SECRETARY, HEALTH & FAMILY
WELFARE DEPARTMENT, VIKASASOUDHA
BENGALURU-560 001.
5. THE COMMISSIONERATE OF
HEALTH AND FAMILY WELFARE SERVICES
IN KARNATAKA, ANANDA RAO CIRCLE
BANGALORE-560 009
REPRESENTED BY ITS COMMISSIONER.
6. THE DEAN CUM DIRECTOR
GOVERNMENT DENTAL COLLEGE & RESEARCH
INSTITUTE, BANGALORE-560 002.
7. THE DIRECTOR
OF HEALTH AND FAMILY WELFARE SERVICES
ANANDA RAO CIRCLE, BANGALORE-560 009.
...RESPONDENTS
(BY SRI. B.S. GOUTHAM, ADV., FOR R1-R3
SRI. B. RAJENDRA PRASAD, HCGP FOR R4-R7)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION 25073-075/17 DATED
20/6/17.
IN W.A. NO.4321 OF 2017
BETWEEN
1. THE DEAN CUM DIRECTOR
GOVERNMENT DENTAL COLLEGE & RESEARCH
INSTITUTE, BANGALORE-560 002.
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WA No.4398 of 2017
C/W WA No.4321 of 2017
...APPELLANT
(BY SMT. SUMANA BALIGA M, ADV.,)
AND:
1. DR. RAGHUNANDAN P
S/O LATE S POOBALAN
AGED ABOUT 40 YEARS
DENTAL HEALTH OFFICER
GOVERNMENT DENTAL COLLEGE
& RESEARCH INSTITUTE
FORT VICTORIA HOSPITAL CAMPUS
BANGALORE-560 002
RESIDING AT NO.41,
2ND CROSS, SYNDICATE BANK COLONY,
7TH BLOCK, 4TH PHASE,
3RD STAGE, BANASHANKARI
BANGALORE-560 085.
2. DR. UZMA RAZVI
D/O S N H RAZVI
AGED ABOUT 40 YEARS
DENTAL HEALTH OFFICER
GOVERNMENT DENTAL COLLEGE
& RESEARCH INSTITUTE
FORT, VICTORIA HOSPITAL CAMPUS
BANGALORE-560 002
RESIDING AT NO.8, 1ST FLOOR
M D M ROAD, FRAZER TOWN
BANGALORE-560 005.
3. DR. CHAMPAKA G RAO
D/O GURURAJA RAO
AGED ABOUT 40 YEARS
DENTAL HEALTH OFFICER
GOVERNMENT DENTAL COLLEGE
& RESEARCH INSTITUTE
FORT, VICTORIA HOSPITAL CAMPUS
BANGALORE-560 002
RESIDING AT NO.20
3RD MAIN ROAD
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WA No.4398 of 2017
C/W WA No.4321 of 2017
RAMAMOHANAPURAM
BANGALORE-560 021.
4. THE STATE OF KARNATAKA
BY ITS SECRETARY
HEALTH AND FAMILY WELFARE
DEPARTMENT, VIKASA SOUDHA
BENGALURU-560 001.
5. THE COMMISSIONERATE OF THE
HEALTH AND FAMILY WELFARE
SERVICES IN KARNATAKA
ANANDA RAO CIRCLE
BENGALURU-560009
REPRESENTED BY ITS COMMISSIONER.
6. THE DIRECTOR OF HEALTH AND
FAMILY WELFARE
SERVICES ANANDA RAO CIRCLE
BENGALURU-560 009.
7. DR. PRITHIVRAJ
NO.790, 20TH CROSS
18TH MAIN ROAD
BANASHANKARI 2ND STAGE
BENGALURU-560 070.
.....RESPONDENTS
(BY SRI. B.S. GOUTHAM, ADV., FOR R1-R3
SRI. B. RAJENDRA PRASAD, HCGP FOR R4-R6
R7 SERVED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
16/6/17 & ORDER DATED 20/6/17 PASSED IN WP 25073-
75/17 PASSED BY THE LEARNED SINGLE JUDGE OF THIS
HON'BLE COURT & TO HOLD THAT THE WRIT PETITIONS ARE
NOT MAINTAINABLE.
THESE APPEALS COMING ON FOR FINAL HEARING, THIS
DAY ALOK ARADHE J., DELIVERED THE FOLLOWING:
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WA No.4398 of 2017
C/W WA No.4321 of 2017
JUDGMENT
These intra court appeals have been filed against the
interim order dated 20.06.2017 passed by learned Single
Judge in the writ petition.
2. It is not in dispute that subsequently, the learned
Single Judge has passed an order on 15.12.2017 by which
respondents 1 to 3 have been permitted to report for duties.
3. In view of the aforesaid subsequent order, we are
not inclined to examine the validity of the order dated
20.06.2017 passed by learned Single Judge. Needless to
state that the interim order is passed only for the purposes
of adjudicating the prayer for interim relief made in the
petition and rights of the parties are not adjudicated while
deciding the same. The rights of the parties have to be
adjudicated in the writ petition, which is pending
adjudication.
WA No.4398 of 2017
C/W WA No.4321 of 2017
With the aforesaid clarification and keeping all the
contentions open to parties including the issue with regard
to maintainability of the petition, the appeals are disposed of
Sd/-
JUDGE
Sd/-
JUDGE
SS
