Dr Nishanth R K vs The Department Of Health And Family ...
2024 Latest Caselaw 25512 Kant

Karnataka High Court

Dr Nishanth R K vs The Department Of Health And Family ... on 25 October, 2024

                                                           -1-
                                                                    NC: 2024:KHC:43121-DB
                                                                    WP No. 21179 of 2023




                                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                        DATED THIS THE 25TH DAY OF OCTOBER, 2024

                                                        PRESENT
                                         THE HON'BLE MRS JUSTICE ANU SIVARAMAN
                                                           AND
                                          THE HON'BLE MR JUSTICE UMESH M ADIGA
                                        WRIT PETITION NO. 21179 OF 2023 (EDN-RES)
                                 BETWEEN:

                                 DR. NISHANTH R.K,
                                 S/O KUMARASWAMY R.K,
                                 AGED ABOUT 44 YEARS,
                                 WORKING AS SENIOR RESIDENT,
                                 DEPARTMENT OF RADIOLOGY,
                                 MYSORE MEDICAL COLLEGE AND
                                 RESEARCH INSTITUTE (MMCRI)
                                 MYSORE -570 001.
                                                                         ...PETITIONER
                                 (BY SRI. V.R. SARATHY, ADVOCATE)

                                 AND:


Digitally signed by KORLAHALLI
                                 1.    THE DEPARTMENT OF HEALTH
BHARATHIDEVIKRISHNACHARYA
Location: HIGH COURT OF
KARNATAKA                              AND FAMILY WELFARE,
                                       (MEDICAL EDUCATION)
                                       REP. BY ITS SECRETARY,
                                       VIKAS SOUDHA - 560 001.

                                 2.    THE DIRECTOR,
                                       THE DEPARTMENT OF HEALTH
                                       AND FAMILY WELFARE
                                       (MEDICAL EDCUATION),
                                       ANANDA RAO CIRCLE,
                                       BENGALURU-560 009.
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                                      NC: 2024:KHC:43121-DB
                                      WP No. 21179 of 2023




3.   THE NATIONAL MEDICAL COMMISSION,
     (ERSTWHILE MEDICAL COUNCIL OF INDIA)
     REP. BY ITS SECRETARY,
     POCKET 14, SECTOR 8,
     DWARKA,
     NEW DELHI-110 007.

4.   THE KARNATAKA EXAMINATION AUTHORITY,
     REP. BY ITS EXECUTIVE DIRECTOR,
     C.E.T CELL, SAMPIGE ROAD,
     18TH CROSS,MALLESHWARAM,
     BANGALORE- 560 003.

5.   THE MYSORE MEDICAL COLLEGE AND
     RESEARCH INSTITUTE,
     REP. BY ITS DIRECTOR,
     SAYYAJI RAO ROAD,
     MYSORE - 570 001.
                                           ...RESPONDENTS
(BY SRI.VIKAS ROJIPURA, AGA FOR R1 AND R2,
    SRI. N.KHETTY, ADVOCATE FOR R3,
    SRI. N.K.RAMESH, ADVOCATE FOR R4)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING OR
STRIKING DOWN IN SO FAR AS IT PERTAINS SUB RULE (4) OF THE
RULE 10THE KARNATAKA CONDUCT OF ENTRANCE TEST OF
SELECTION AND ADMISSION TO POST GRADUATE MEDICAL AND
DENTAL DEGREE AND DIPLOMA COURSES (AMENDMENT) RULES,
2013, BEARING No. HFW 334 RGU 2012, BANGALORE DATED 23-11-
2023 (ANNEXURE-A) PASSED BY THE 1ST RESPONDENT AND SUB-
RULE (2) OF RULE 10 OF THE KARNATAKA CONDUCT OF ENTRANCE
TEST FOR SELECTION AND ADMISSION TO POST GRADUATE
MEDICAL AND DENTAL DEGREE AND DIPLOMA COURSES RULES,
2006, PUBLISHED IN THE KARNATAKA GAZETTE EXTRAORDINARY
No. 1704, DATED 08.12.2006, VIDE NOTIFICATION DATED HFW 399
MPS 2005, DATED 08.12.2006 (ANNEXURE-B) AS THE SAME ULTRA
VIRES REGULATION-9 OF THE POST GRADUATE MEDICAL
EDUCATION REGULATIONS, 2000 AND ETC.,

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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                                              NC: 2024:KHC:43121-DB
                                              WP No. 21179 of 2023




CORAM:        HON'BLE MRS JUSTICE ANU SIVARAMAN
              and
              HON'BLE MR JUSTICE UMESH M ADIGA


                          ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)

It is submitted by learned counsel appearing for the

petitioner that the challenge raised in the writ petition does not

survive for consideration on account of the fact that the

provision, which was under challenge is amended by

notification dated 13.06.2024 and in the above view of the

matter, nothing survives for consideration.

2. The submission of learned counsel appearing for the

petitioner is placed on record.

3. The writ petition is accordingly disposed off.

Sd/-

(ANU SIVARAMAN) JUDGE

Sd/-

(UMESH M ADIGA) JUDGE

AG