Karnataka High Court
Dr.Vishwanath H L vs Bangalore Medical College And Research ... on 28 February, 2024
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NC: 2024:KHC:8422
WP No. 4738 of 2024
C/W WP No. 4740 of 2024
WP No. 5265 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 4738 OF 2024 (S-RES)
C/W
WRIT PETITION NO. 4740 OF 2024 (S-RES)
WRIT PETITION NO. 5265 OF 2024 (S-RES)
IN WP NO.4738/2024
BETWEEN:
DR.VISHWANATH H L
S/O LATE DR H C LAKSHMANACHAR
AGED ABOUT 55 YEARS
WORKING AS HEAD OF DEPARTMENT,
BIO-CHEMISTRY DEPARTMENT,
BANGALORE MEDICAL COLLEGE AND RESEARCH
INSTITUTE, BANGALORE-560002.
RESIDING AT NO.119, 1ST MAIN,
MLA LAYOUT, R.T NAGAR,
Digitally BANGALORE-560032.
signed by ...PETITIONER
ALBHAGYA
(BY SRI. PRITHVEESH M K, ADVOCATE)
Location:
HIGH
COURT OF AND:
KARNATAKA
1. BANGALORE MEDICAL COLLEGE AND RESEARCH
INSTITUTE, REPRESENTED BY ITS DEAN CUM
DIRECTOR, BANGALORE MEDICAL COLLEGE AND
RESEARCH INSTITUTE, BANGALORE-560002
2. GOVERNING COUNCIL
BANGALORE MEDICAL COLLEGE AND RESEARCH
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WP No. 4738 of 2024
C/W WP No. 4740 of 2024
WP No. 5265 of 2024
INSTITUTE, BANGALORE-560002
3. DR MARUTI PRASAD B V
PROFESSOR, DEPARTMENT OF BIO CHEMISTRY
BANGALORE MEDICAL COLLEGE AND RESEARCH
INSTITUTE, BANGALORE-560002
4. STATE OF KARNATAKA
DEPARTMENT OF MEDICAL EDUCATION
REPRESENTED BY ITS PRINCIPAL SECRETARY,
K R ROAD, BANGALORE-560002
5. DIRECTORATE OF MEDICAL EDUCATION
REPRESENTED BY ITS DIRECTOR
K R ROAD, BANGALORE-560002
...RESPONDENTS
(BY SRI.P.S.MALIPATIL, ADVOCATE FOR C/R1 & R2;
SRI.SHASHIKIRAN SHETTY.A.G A/W SMT.B.SUKANYA BALIGA,
AGA FOR R4; SMT.SHALINI.A.HASIHAL, ADVOCATE FOR R3;
SRI.S.SUDARSHAN, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE/QUASH
/DECLARE THE IMPUGNED CLAUSE 20 OF THE BANGALORE
MEDICAL COLLEGE AND RESEARCH INSTITUTE BYE-LAWS,
2024, (ANNEXURE-G) WHICH IS REGISTERED ON 03.02.2024
AS ILLEGAL AND ARBITRARY AND ETC.,
IN WP NO.4740/2024
BETWEEN:
DR.T. ARUL DASAN
S/O D THANGARAJ
AGED ABOUT 43 YEARS,
WORKING AS HEAD OF DEPARTMENT,
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WP No. 4738 of 2024
C/W WP No. 4740 of 2024
WP No. 5265 of 2024
DEPARTMENT OF RADIO-DIAGNOSIS,
BANGALORE MEDICAL COLLEGE AND RESEARCH
INSTITUTE, BANGALORE-560002
RESIDING AT NO.206, SNN RAJ LAKE VIEW
BILEKAHALLI, BTM II STAGE
BANGALORE-560076
...PETITIONER
(BY SRI.PRITHVEESH M K, ADVOCATE)
AND:
1. BANGALORE MEDICAL COLLEGE AND RESEARCH
INSTITUTE
REPRESENTED BY ITS DEAN CUM DIRECTOR
BANGALORE MEDICAL COLLEGE AND RESEARCH
INSTITUTE, BANGALORE-560002
2. GOVERNING COUNCIL
REPRESENTED BY ITS MEMBER SECRETARY
BANGALORE MEDICAL COLLEGE AND RESEARCH
INSTITUTE, BANGALORE-560002
3. DR VIJAYA KUMAR K R
PROFESSOR, DEPARTMENT OF RADIO DIAGNOSIS
BANGALORE MEDICAL COLLEGE AND RESEARCH
INSTITUTE, BANGALORE-560002
4. STATE OF KARNATAKA
DEPARTMENT OF MEDICAL EDUCATION
REPRESENTED BY ITS PRINCIPAL SECRETARY,
K R ROAD, BANGALORE-560002
5. DIRECTORATE OF MEDICAL EDUCATION
REPRESENTED BY ITS DIRECTOR, K R ROAD
BANGALORE-560002
...RESPONDENTS
(BY SRI.SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W
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WP No. 4738 of 2024
C/W WP No. 4740 of 2024
WP No. 5265 of 2024
SMT.B.SUKANYA BALIGA, AGA FOR R4;
SRI.MALIPATIL.P.S, ADVOCATE FOR R1 TO R3;
SRI.SUDARSHAN SURESH, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE / QUASH /
DECLARE THE IMPUGNED CLAUSE 20 OF THE BANGALORE
MEDICAL COLLEGE AND RESEARCH INSTITUTE R1 BYE-LAWS,
2024, (ANNEXURE-G) WHICH IS REGISTERED ON 03/02/2024,
AS ILLEGAL AND ARBITRARY AND ETC.,
IN WP NO.5265/2024
BETWEEN:
DR. RAMESHA. K. T.
S/O. THAMMANNA GOWDA,
AGED ABOUT 49 YEARS,
RESIDING AT NO. 36, 2ND CROSS,
9TH MAIN, R.K. LAYOUT,
2ND STAGE, PADMANABHANAGAR,
BENGALURU-560 070.
...PETITIONER
(BY SRI.SRIRANGA, SENIOR ADVOCATE FOR SMT.SUMANA
NAGANAND, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF MEDICAL EDUCATION,
ROOM NO. 610, 6TH FLOOR,
4TH GATE, M.S. BUILDING,
BENGALURU-560 001,
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. DIRECTORATE OF MEDICAL EDUCATION
BANGALORE MEDICAL COLLEGE AND RESEARCH
INSTITUTE (OLD BUILDING),
FORT, K.R. ROAD,
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WP No. 4738 of 2024
C/W WP No. 4740 of 2024
WP No. 5265 of 2024
BENGALURU-560 002,
REPRESENTED BY ITS DIRECTOR.
3. BANGALORE MEDICAL COLLEGE AND RESEARCH
INSTITUTE, FORT, K.R. ROAD,
BENGALURU-560 002,
REPRESENTED BY ITS DIRECTOR AND DEAN.
4. DR. YOGEESHWARAPPA. C. N.
S/O. NAGAPPA,
AGED ABOUT 56 YEARS,
WORKING AS HEAD OF THE DEPARTMENT,
DEPARTMENT OF PLASTIC SURGERY,
BANGALORE MEDICAL COLLEGE AND RESEARCH
INSTITUTE, FORT, K.R. ROAD,
BENGALURU-560 002.
...RESPONDENTS
(BY SRI.SHASHI KIRAN SHETTY, AG A/W
SMT.B.SUKANYA BALIGA, AGA FOR R1;
SRI.MALIPATIL.P.S, ADVOCATE FOR R3;
SRI.SUDARSHAN SURESH, ADVOCATE FOR R2;
SMT.SHALINI.A.HASINAL, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING CLAUSE 20
OF THE BYE LAWS (AS AMENDED) OF RESPONDENT NO. 3
COLLEGE (ANNEXURE-G) AND QUASHING THE OFFICIAL
MEMORANDUM BEARING NO. BENVAIVISAMSAM / C(1) /16 /
2023-24 DATED 6.2.24 ISSUED BY R3 COLLEGE (ANNEXURE-H)
AND ETC.,
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 4738 of 2024
C/W WP No. 4740 of 2024
WP No. 5265 of 2024
ORDER
On the previous date of hearing, though this Court
had granted an interim order in these petitions, in the light
of the submissions made by the learned Advocate General
that the subject matter of these petitions is seized before
the Dharwad Bench; that a Co-ordinate Bench has heard
and reserved the matter for orders and that no interim
order is granted by the Co-ordinate Bench while reserving
the matter, the interim order was not extended.
2. Today, by way of a memo, the learned counsel
for the petitioner in W.P.4738/2024 has placed on record
the judgment rendered by the Co-ordinate Bench of this
Court in W.P.No.100726/2024 c/w W.P.No.100725/2024
disposed of on 23.2.2024.
3. Heard the learned counsel for the petitioners
and the learned Advocate General.
4. Though the learned Advocate General has tried
to persuade this Court to independently examine the
grounds urged in these petitions, this Court is not inclined
NC: 2024:KHC:8422
to accede to the said submission. The Co-ordinate Bench
of this Court while dealing with identical Bye-Law 20 of
KIMS Bye-Laws, 2024, has not acceded to the
respondent's contention in supporting the Bye-laws 2024
impugned therein. The Co-ordinate Bench has allowed the
writ petitions and the orders by which the private
respondents were sought to be appointed as head of the
respective departments have been set aside.
Consequently, a direction is issued to the Government
Institution to appoint the senior-most Professor in that
Department as the HOD, by virtue of Regulation 3.10 of
the 2022 Regulations, and not Bye-Law 20 as framed by
KIMS. In the present case on hand, the petitioners are
assailing identical Bye-Law 20 of BMCRI Bye-laws, 2024,
which are drafted under the same doctrine and principles.
Since the Co-ordinate Bench has dealt with the issue and
has set aside the appointment of HOD on the basis of Bye-
laws 2024, the present petitions are also liable to be
allowed in the light of the judgment rendered by the Co-
ordinate Bench in the batch of writ petitions.
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5. Hence, this Court proceeds to pass the
following:
ORDER
(i) The writ petition is allowed.
(ii) Consequently, the impugned Official
Memorandum letter dated 6.2.2024 passed by
respondent No.1 as per Annexure-"H" is hereby
quashed.
(iii) The petitioners herein shall be permitted to
hold their positions as Head of Department of the
respective departments in the respective writ
petitions.
Sd/-
JUDGE
ALB
