Karnataka High Court
Dr. Lingaraju T.S vs The National Institute Of Mental Health ... on 28 June, 2024
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NC: 2024:KHC:24063-DB
WA No. 702 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT APPEAL No. 702 OF 2024 (S-RES)
BETWEEN:
DR. LINGARAJU T.S.,
AGED ABOUT 41 YEARS,
ASSISTANT PROFESSOR,
DEPARTMENT OF NEUROSURGERY,
THE NATIONAL INSTITUTE OF MENTAL
HEALTH AND NEUROSCIENCES (NIMHANS),
HOSUR ROAD,
BENGALURU-560 029.
...APPELLANT
(BY SRI. MD. AKRAM UPPIN. ADVOCATE FOR
SRI. RAHAMATHULLA KOTHWAL, ADVOCATE)
Digitally signed AND:
by VALLI
MARIMUTHU 1. THE NATIONAL INSTITUTE OF MENTAL
Location: High HEALTH AND NEUROSCIENCES,
Court of HOSUR ROAD,
Karnataka
BENGALURU-560 029.
BY ITS REGISTRAR.
2. UNION OF INDIA BY ITS
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
MINISTRY OF HEALTH AND FAMILY WELFARE,
GOVERNMENT OF INDIA,
ROOM No.156-A, NIRMAN BHAVAN,
NEW DELHI-110 011.
...RESPONDENTS
(BY SRI B.PRAMOD, CGC FOR R2)
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NC: 2024:KHC:24063-DB
WA No. 702 of 2024
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
INTERIM ORDER DATED 03.04.2024 PASSED BY THE SINGLE
JUDGE OF THIS HON'BLE COURT IN WP No. 28919/2023 (S-RES)
AND CONSEQUENTLY ALLOW THE WRIT PETITION AS PRAYED
FOR.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY CHIEF JUSTICE DELIVERED THE
FOLLOWING:
JUDGMENT
The challenge is sought to be addressed to the judgment and
order dated 03.04.2024 of learned Single Judge.
2. The writ petition of the appellant-petitioner was not
entertained for the reasons provided in paragraph-8 of the
impugned order, which reads as under,
"Since respondent No.1 has issued a fresh recruitment
Notification and having regard to the fact that petitioner
has already applied to the post of Associate Professor
of Neurosurgery and in view of the statement made by
the learned counsel appearing for respondents, the
captioned writ petition does not survive for
consideration."
3. The controversy involved was about selection of the
petitioner as Associate Professor of Neurosurgery. The petitioner
had applied for the post pursuant to the advertisement. At the time
of interview, it was turned out that the petitioner was the only
candidate for the post. The standing Selection Committee found
NC: 2024:KHC:24063-DB
the petitioner not suitable and therefore did not recommend the
name of the petitioner for appointment. The petitioner's
representations were rejected.
4. Learned Single Judge has recorded two aspects which are
weighty enough not to entertain the present appeal. Firstly,
respondent No.1-Institute has already issued fresh notification
advertising the same post. It is open for the petitioner to apply
again, if so advised. Secondly, it is stated that the subject matter
would be triable by the Central Administrative Tribunal and not by
way of writ petition.
5. In light of the totality of facts and observations made by
learned Single Judge, no case is made out to interfere in the order.
The appeal is thoroughly misconceived and therefore dismissed.
In view of disposal of the appeal, pending interlocutory
application would not survive and stand disposed of accordingly.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
