Citation : 2023 Latest Caselaw 7289 Kant
Judgement Date : 13 October, 2023
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NC: 2023:KHC:37475-DB
WA No. 386 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 386 OF 2023 (EDN-RES)
BETWEEN:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF MEDICAL EDUCATION,
VIKASA SOUDHA, BENGALURU-560 001.
REPRESENTED BY ITS SECRETARY
2. THE DIRECTOR,
DIRECTORATE OF MEDICAL EDUCATION,
ANAND RAO CIRCLE, BENGALURU-560 009.
...APPELLANTS
(BY MS. NILOUFER AKBAR., AGA)
Digitally signed AND:
by SHARADA
VANI B
1. DR MEDINI V RAMAN,
Location: HIGH
COURT OF W/O DR MANJU NAIK V,
KARNATAKA AGED ABOUT 35 YEARS,
WORKING AS INTENSIVE CARE
MEDICAL OFFICER,
DEPARTMENT OF ANESTHESIA,
BANGALURU MEDICAL COLLEGE AND
RESEARCH INSTITUTE, BANGALORE.
RESIDING AT NO.104/C, PWD QUARTERS,
6TH CROSS, 8TH MAIN VASANTHNAGAR,
BANGALORE-560 001.
2. BANGALORE MEDICAL COLLEGE AND
RESEARCH INSTITUTE
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NC: 2023:KHC:37475-DB
WA No. 386 of 2023
BANGALURU, AUTONOMOUS INSTITUTE
COMING UNDER THE
GOVERNMENT OF KARNATAKA,
K.R ROAD, FORT. BANGALORE-560 002,
REPRESENTED BY ITS DIRECTOR CUM DEAN
3. NATIONAL MEDICAL COMMISSION.
(ERSTWHILE MEDICAL COUNCIL OF INDIA)
POCKET-14, SECTOR 8, DWARKA,
NEW DELHI-110 007.
REPRESENTED BY ITS SECRETARY.
...RESPONDENTS
(BY MS. ARCHITHA SURESH., ADVOCATE FOR
SRI. SHARATH S GOWDA.,ADVOCATE FOR R1)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO A) ALLOW THIS WRIT APPEAL
AND B) SET ASIDE THE IMPUGNED ORDER DATED 13/09/2022
PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON BLE
COURT IN WP NO.11035/2022 AND C) GRANT SUCH OTHER
RELIEFS.
THIS APPEAL COMING ON FOR ORDRES THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
Learned Additional Government Advocate on
instructions submits that the appeal was filed against the
order of learned Single Judge, and during the pendency of
appeal, the appellant has complied with the order of
learned Single Judge by issuing Government Order dated
05.08.2023 whereby Respondent No.1 has been deputed
for PG studies to Kidwai Memorial Cancer Institute. It is
NC: 2023:KHC:37475-DB WA No. 386 of 2023
further submitted that there was a mistake in this order in
the sense that, instead of mentioning "Indiragandhi
Institute of Pediatrics for Child Health" it was erroneously
referred as "Kidwai Cancer Medical Institute". As such a
Corrigendum bearing No.MED 399 MMC 2023 has also
been issued on the very date ie., on 05.08.2023, a copy of
these orders are annexed to the memo .
Accepting the statement made in the memo, it can
safely be said that the appeal now has been rendered
infructuous. As such, the appeal is liable to be disposed
off as having become infructuous.
Ordered accordingly.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
Snb/
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