[Cites 3, Cited by 0]
Karnataka High Court
Dr. J. Sreedhar Reddy S/O Sri. ... vs The Secretary on 2 December, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 105170 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 2ND DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 105170 OF 2018 (S-RES)
BETWEEN:
1. DR. J. SREEDHAR REDDY,
S/O SRI. J.SOMESEKHARA REDDY,
AGED ABOUT: 34 YEARS, OCC: DOCTOR
K ERRAGUDI POST VIA MOKA, BALLARI-583103.
2. DR. Y.NAGARATHNA D/O. SMT.Y. SARANAMMA,
AGED ABOUT: 41 YEARS, OCC: DOCTOR
B/30, NEAR NOBEL SCHOOL, 4TH CROSS,
PARVATHI NAGAR, BALLARI-583101.
3. DR. GEETHA MUSTI D/O, DR. A.N. VIJAY,
AGED ABOUT: 40 YEARS OCC: DOCTOR,
"THAPANIDHI", 8TH CROSS, JAYA NAGAR,
T.B. SANITARIUM ROAD, BALLARI-583104.
4. DR. S.K. SURESH KUMAR,
Digitally signed by
VISHAL NINGAPPA AGED ABOUT: 37 YEARS, OCC: DOCTOR
PATTIHAL
Location: High S/O SRI.S K SHANKARA GOWDA,
Court of Karnataka,
Dharwad Bench,
AGED ABOUT: 36 YEARS, 2ND CROSS,
Dharwad SHASTRI NAGAR, BALLARI-583102.
5. DR. Y.G. PRADEEP KUMAR,
AGED ABOUT :41 YEARS, OCC: DOCTOR
67/96, "GURU GANGADHARA NILAYA"
NEAR SATYANARAYANA TEMPLE,
S.N. PET, BALLARI-583101.
6. DR. P.UDAYAKUMAR REDDY,
S/O SRI. P.VENKATA REDDY,
AGED ABOUT: 35 YEARS, OCC: DOCTOR
ASHOK NAGAR, SIRUGUPPA ROAD,
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BALLARI-5831401.
7. DR.FARAH NIKHAT
AGED ABOUT: 36 YEARS, OCC: DOCTOR
W/O DR.ANEESUR REHMAN, NO.71/30,
TILAK NAGAR, CANTONMENT, BALLARI-583103.
8. DR. VAGESH M.GOULI
AGED ABOUT: 45 YEARS, OCC: DOCTOR
S/O SRI. MAHADEVAPPA GOULI,
BASI REDDY COMPOUND, 4TH CROSS,
PARVATHI NAGAR, BALLARI-583101.
9. DR.P. VINEETHA W/O SRI. C.M. HARISH,
AGED ABOUT: 36 YEARS, OCC: DOCTOR
WARD NO.8, BLOCK NO.29,
RAMANJANEYA NAGAR, CANTONMENT,
BALLARI-583104.
10. DR. SRI. R. VIKAS S/O SRI. N.RANGAYYA,
"SUMUKHA", DOOR NO.8,
AGE: MAJOR, OCC: DOCTOR
OPP. TO THE HOUSE OF SRI. GOPALA REDDY,
ARAKERE VILLAGE, BANNERGHATTA ROAD,
BENGALURU-560076.
... PETITIONERS
(BY SRI. M.B. REDYY, ADVOCATE)
AND:
1. THE SECRETARY,
MINISTRY OF HEALTH AND WELFARE SERVICE,
(MEDICAL EDUCATION),
VIKASA SOUDHA, VIDHANA VEEDHI,
BENGLAURU-560001.
2. THE DIRECTOR
VIJAYANAGAR INSTITUTE OF MEDICAL SCIENCES,
BALLARI-583104, KARNATAKA.
... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SHRI J.M. ANILKUMAR, ADVOCATE FOR R2)
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WP No. 105170 of 2018
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND
RESPONDENT TO ABSORB THE PETITIONERS AS PERMANENT
EMPLOYEES.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioners are before this Court seeking the
following prayer:
"Wherefore, it is humbly prayed that this Hon'ble
Court be pleased to:
i) Issue a writ of mandamus directing the 2nd
respondent to absorb the petitioners as permanent
employees.
ii) To issue any other Writ, Direction or Orders as this
Hon'ble Court deems fit."
2. Heard Shri M.B. Reddy, learned counsel appearing for
the petitioners, Smt. Girija S.Hiremath, learned HCGP appearing
for respondent No.1 and Shri J.M. Anilkumar, learned counsel
appearing for respondent No.2.
3. The petitioners are all appointed on contract basis
with the second respondent, Vijayanagar Institute of Medical
Sciences (hereinafter referred to as "the Institute" for short) in
the post of Tutor. The appointment of the petitioners admittedly
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was not pursuant to issuance of a notification or assessing the
comparative merit of persons. They were all appointed on
contract basis for the purpose of need at that point in time, but
have continued in service for the last 15 years. The petitioners
have projected their right for seeking regularisation of their
services on the score that they have been continuously working
for the last 15 years and they cannot be left in the lurch now.
4. Learned counsel appearing for respondent No.2
would submit that the petitioners are not entitled to seek any
regularisation from the hands of this Court on the score that
their appointment itself was irregular in the sense that no
notification was issued nor the policy of the State qua
reservation was followed.
5. Be that as it may. It is an admitted fact that these
petitioners have been working for the last 15 years and have
submitted representations seeking regularisation. The
representations have not met their consideration and therefore
the petitioners are before this Court in the subject petition.
Learned counsel Shri J.M. Anilkumar submits that the
representations of the petitioners would be considered, if
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reasonable time is granted strictly in accordance with law.
Therefore, I deem it appropriate to dispose the petition with a
direction to respondent No.2 - Institute to consider the
representations so submitted in consonance with law with
particular reference to the judgment of the Apex Court in the
case of SECRETARY, STATE OF KARNATAKA VS.
UMADEVI (3)1 and the judgments rendered in its aftermath is
also the circulars issued by the State Government immediately
after the judgment in the case of UMADEVI (3) (supra) on
25.06.2006 and 13.12.2006. The representation shall merit
consideration within an outer limit of 4 months from the date of
receipt of the copy of the order. All contentions remain open.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
VNP / CT: ASC
List No.: 1 Sl No.: 5
(2006) 4 SCC 1
