[Cites 3, Cited by 0]
Karnataka High Court
Dr Suneel G Patil Professor S/O ... vs The Government Of Karnataka on 15 December, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
1
Reserved on : 03.12.2025
Pronounced on : 15.12.2025 R
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 15TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION NO. 101631 OF 2025 (S - RES)
BETWEEN:
DR.SUNEEL G. PATIL
PROFESSOR
S/O. GURUSHANTHGOUDA PATIL,
AGED ABOUT 51 YEARS,
DEPARTMENT OF DENTISTRY,
KMCRI, HUBBALLI - 580 021.
...PETITIONER
(BY SRI. PRABHUGOUDA B. TUMBIGI A/W
SRI. RAJASHEKHAR BURJI, ADVOCATE)
AND:
1. THE GOVERNMENT OF KARNATAKA,
REPRESENTED BY
Digitally signed by
VISHAL NINGAPPA PRINCIPAL SECRETARY,
PATTIHAL
Location: High
DEPARTMENT OF MEDICAL EDUCATION,
Court of Karnataka,
Dharwad Bench,
VIDHAN SOUDHA,
Dharwad BENGALURU - 560 001.
2. THE DIRECTORATE OF MEDICAL EDUCATION,
BENGALURU MEDICAL COLLEGE AND
RESEARCH INSTITUTE,
OLD BUILDING, 1ST FLOOR,
FORT, K. R. ROAD,
2
BENGALURU - 560 002,
REPRESENTED BY ITS DIRECTOR.
3. THE KARNATAKA MEDICAL COLLEGE
AND RESEARCH CENTRE HUBBALLI,
HUBBALLI - 580 021,
REPRESENTED BY ITS DIRECTOR .
4. GADAG INSTITUTE OF MEDICAL SCIENCE,
GADAG - 582 103,
REPRESENTED BY ITS DIRECTOR .
5. DR. KESHAV ABBAYYA,
PROFESSOR,
S/O. ABBAYYA,
AGED ABOUT 49 YEARS,
DEPARTMENT OF DENTISTRY,
KMCRI, HUBBALLI - 580 021.
...RESPONDENTS
(BY SRI. GANGADHAR J. M., AAG A/W
SMT. GIRIJA S. HIREMATH, HCGP FOR R1 & R2;
SRI. K.N.PHANINDRA, SENIOR COUNSEL FOR R5;
R3 & R4 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) TO
ISSUE WRIT OF CERTIORARI BY QUASHING THE TRANSFER
ORDER DATED 05-03-2024 PASSED IN MED 263 MSF 2023 BY
THE RESPONDENT NO.1 VIDE ANNEXURE-J AS ILLEGAL AND
BAD IN LAW; II) TO ISSUE WRIT OF CERTIORARI BY QUASHING
THE ORDER DATED 30-03-2024 PASSED IN
KIMS/CV(1)A/434/2023-24 BY THE RESPONDENT NO.3 VIDE
ANNEXURE-M AS ILLEGAL AND BAD IN LAW; III) TO ISSUE
WRIT OF CERTIORARI BY QUASHING THE PROVISIONAL
SENIORITY LIST DATED 21-01-2025 PASSED IN K.M.C.R.I:CV(1)
A AND B: 206:2024-25 BY THE RESPONDENT NO.3 VIDE
ANNEXURE-T AS ILLEGAL AND BAD IN LAW; IV) TO ISSUE WRIT
OF MANDAMUS TO ALLOW THE PETITIONER TO TAKE CHARGE
AS HOD IN THE DEPARTMENT OF DENTISTRY OF THE 3RD
RESPONDENT BY SHOWING HIS NAME AT SL.NO. 1 IN THE
SENIORITY LIST OF PROFESSORS IN DEPARTMENT OF
DENTISTRY OF THE 3RD RESPONDENT BY CONSIDERING THE
3
REPRESENTATIONS DATED 23-12-2024 AND 24-01-2025 AS PER
THE REGULATIONS AND GUIDE LINES OF THE RESPONDENT
AUTHORITIES PRODUCED VIDE ANNEXURE-R AND V .
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 03.12.2025, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:-
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CAV ORDER
The petitioner is before this Court seeking a slew of
prayers. They read as follows:
"(i) To issue writ of certiorari by quashing the transfer order
dated 05-03-2024 passed in MED 263 MSF 2023 by the
respondent No.1 vide Annexure-J as illegal and bad in law;
(ii) To issue writ of certiorari by quashing the order dated
30-03-2024 passed in KIMS/CV(1)A/434/2023-24 by the
respondent No.3 vide Annexure-M as illegal and bad in law;
(iii) To issue writ of certiorari by quashing the provisional
seniority list dated 21-01-2025 passed in
K.M.C.R.I:CV(1)A&B:206:2024-25 by the respondent No.3
vide Annexure-T as illegal and bad in law;
(iv) To issue writ of mandamus to allow the petitioner to take
charge as HOD in the department of dentistry of the 3rd
respondent by showing his name at Sl No.1 in the seniority
list of professors in department of Dentistry of the 3rd
respondent by considering the representations dated 23-12-
2024 and 24-01-2025 as per the regulations and guide lines
4
of the respondent authorities produced wide Annexure-R and
V;
(v) pass such any other order/s as deems fit in the facts and
circumstances of the case, in the interest of justice."
2. Heard Sri.Prabhugouda B Tumbigi learned counsel
along with Sri.Rajashekhar Burji, learned counsel appearing for
the petitioner, Sri.Gangadhar J.M., AAG along with Smt.Girija S.
Hiremath, learned HCGP for respondent Nos.1 and 2,
Sri.K.N.Phanindra, learned Senior Counsel appearing for
respondent No.5.
3. Shorn of unnecessary details, facts in brief, germane,
are as follows:
3.1. The petitioner is appointed as a lecturer in the
Department of Dentistry at the 3rd respondent-Karnataka Medical
College and Research Centre [hereinafter referred to as 'KIMS'
for short]. The petitioner then owing to his eligibility, is promoted
to the post of Assistant Professor in the Department of Dentistry
at KIMS with effect from 01.05.2006. The petitioner is further
promoted as Associate Professor in the Department of Dentistry
on 01.07.2014. In terms of the Regulations that govern the
process of promotion to higher cadres, the petitioner is said to
5
have become eligible to be considered for the post of Professor in
dentistry after his completion of four years of service as
Associate Professor.
3.2. When things stood thus, it transpires that on
21.03.2022, the 1st respondent-State issues an order appointing
5th respondent who was a Professor in Gadag Institute of Medical
Sciences [hereinafter referred to as 'GIMS' for short] to come
here as Professor for a period of three years. The teaching staff
of KIMS in the Department of Dentistry are said to have objected
to the entry of the 5th respondent into its institute on deputation.
The averment in the petition is that the transfer of the 5th
respondent into KIMS, is contrary to the guidelines operating or
regulating the transfer between autonomous institutions. On
01.03.2024, when the 5th respondent was working as a
Professor, an order comes to be passed by the 1st respondent to
create a new post of Professor in the Department of Dentistry by
abolishing one post of Professor in any other department within
six months. On 05.03.2024, the 1st respondent orders transfer
of the 5th respondent from the Department of Dentistry of GIMS
to KIMS, subject to the condition that the post of Professor to
any other departments would be abolished and a new post of
6
Professor would be created in the Department of Dentistry. On
13.03.2024, it transpires that a Departmental Promotion
Committee is constituted against a sanctioned post of Professor
in dentistry and the petitioner is found to be eligible for the post
of Professor in the Department of Dentistry of the 3rd
respondent-institution. The 3rd respondent-Institute then
appoints 5th respondent as Head of Department, notwithstanding
the fact that the petitioner was already holding the post of
Professor in dentistry.
3.3. On 26.07.2024, the Governing Council of the 3rd
respondent would meet in which the promotion of the petitioner
is ratified and discussion happens about abolishing the post of
Professor in the Department of Cardio-thoracic and Vascular
Surgery to accommodate the 5th respondent, is the averment in
the petition. The communication then springs from the 1st
respondent to the 3rd respondent to permanently abolish the post
of Professor in Department of Cardio-thoracic and Vascular
Surgery. On 23.12.2024, a communication springs from the 1st
respondent that one Dr.Khobbanna Kattimani was eligible to be
posted as Professor. Therefore, the post should not be abolished.
7
3.4. Provisional seniority list is drawn of the Professors in
Dentistry in the meantime, in which the petitioner is placed
below the 5th respondent. The petitioner files objections to the
said provisional seniority list that the petitioner ought to have
been placed as Professor and not the 5th respondent as he had
come on transfer on his own volition and could not take away the
seniority of persons already working in the institute. It is the
aforesaid actions i.e., appointing the 5th respondent as Professor
of dentistry, is transferred to the institute, placing him above the
petitioner in the seniority list, that are called in question in the
case at hand.
4.1. Learned counsel appearing for the petitioner would
vehemently contend that the 5th respondent is the brother of a
sitting Member of Legislative Assembly. It is, therefore, the
petitioner's case is considered for appointment as Professor in
KIMS contrary to law. It is his submission that the post of
Professor is created by abolishing a necessary post in the
institute only to accommodate the 5th respondent. Learned
counsel submits that the petitioner was eligible to be promoted
as Professor on the day he completed four years of service as
Associate Professor. He was promoted as the Associate Professor
8
on 01.07.2014. In terms of the guidelines, one who completes
four years of service as Associate Professor, would become
eligible to be promoted as Professor and the guidelines would
further indicate that if there is a vacancy and any person eligible
to be promoted to the post of Professor, no person should be
imported from any other autonomous institution. The learned
counsel would submit that the petitioner was in fact eligible and
available but the 5th respondent was chosen only for his political
clout.
4.2. Not stopping at that, the learned counsel submits that
5th respondent was appointed as Professor in dentistry following
the superannuation of a particular Professor in KIMS, subject to
condition that a post would be abolished and the petitioner would
be accommodated. He would submit, even today, there is no
post of Professor abolished. Deliberations have happened to
abolish the post of Professor in Department of Cardio-thoracic
and Vascular Surgery but there is no order abolishing the post.
The very entry of the petitioner into the institute by deputation
and permanent absorption is not with the consent of the National
9
Medical Commission. Therefore, he would submit that the entire
process is smacked with illegality.
5. Per contra, learned Additional Advocate General
would vehemently refute the submissions contending that the
petitioner is not even eligible to challenge the entry or promotion
of the 4th respondent to KIMS. He would submit that the
petitioner becomes a Professor only in the year 2022. By then,
the 5th respondent had already become a Professor in GIMS with
effect from 2019. Therefore, the petitioner having no locus to
challenge, is wanting to throw stones at the 5th respondent. He
would submit that malafides are only urged in the petition
without making the Member of Legislative Assembly as a party
respondent. He would further submit that his submissions be
treated as his objections and dismiss the petition as it is not the
first entry of the 5th respondent into KIMS, he is working there
since 2022 itself. On all these counts, learned Senior Counsel
submits that the petition be dismissed.
6. Learned AAG has placed the records for perusal of
this Court. He would further submit reiterating what the learned
Senior Counsel for the petitioner submits that his entry was by
10
way of a tripartite agreement in the year 2022. Since the 5th
respondent has been in the institute since 2022, it was thought
that 5th respondent should be absorbed into the services of KIMS
as there was no post in the Professor of dentistry, the State
thought it fit to abolish a post which was lying vacant for long
time and create one post of Professor in dentistry in the
Department of Dentistry. He would submit that creation or
abolition of post, are all the prerogative of the government and
there can be no qualm about the said principles. He would seek
to place reliance upon certain judgments which would bear
consideration qua their relevance in the course of the order. He
has also placed the original records pertaining to the case for a
perusal.
7. I have given anxious consideration to the
submissions made by the learned counsel appearing for the
respective parties and have perused the material on record.
8. The afore-narrated facts are not in dispute as they
are all a matter of record but the dates and events for resolution
of the issue in the lis are required to be iterated.
11
9. At the outset, it becomes necessary to trace the
chronological progression of the petitioner's service. The
petitioner commences his career at KIMS on 16.02.1999 upon
his appointment as a lecturer in the Department of Dentistry,
thereby entering and continuously serving the institution from
that year onward. He was promoted as Assistant Professor with
effect from 1.5.2006, serving in the cadre within the same
department, eight years later, he was promoted as Associate
Professor. The date on which he was promoted as Associate
Professor, there existed no sanctioned post of Professor in the
Dentistry Department on KIMS. It was only on 18.12.2018,
pursuant to a revision of the teaching pattern matrix, a post of
professor in the Department of Dentistry was formally approved
and bought into existence.
10. Thus, the sanctioned post of Professor in Dentistry
materialized on 18.12.2018. Under the regulatory regime
governing promotions, earlier framed by the erstwhile Medical
Council of India, depicts an Associate professor to become
eligible to be promoted to the post of Professor, would require
three years of service as Associate Professor. The relevant
regulations read as under:
12
Posts Academic Teaching & Research Experience
Qualification
Professor MDS i. Associate Professor in the
subject for three years in a
permitted/recognized medical
/dental college/institution
ii. Should have at least four Research
publications (at least two as
Associate Professor) [only original
papers, meta-analysis, systematic
reviews, and case series that are
published in journals included in
Medline, PubMed, Central Science
Citation Index, Science Citation
Index, Expanded Embase, Scopus,
Directory of Open Access Journals
(DoAJ) will be considered].
iii. Should have completed the basic
course in Medical Education
Technology from Institutions
designated by NMC.
iv. Should have completed the basic
course in Biomedical Research
from Institutions designated by
NMC.
11. In terms of the regulations/guidelines governing the
promotion i.e., guidelines of the National Medical Commission or
Medical Council of India as it prevailed prior to the National
Medical Commission coming into existence was that an Associate
Professor would become eligible to be promoted to the cadre of
Professor on his completion of three years of service. The
petitioner having been promoted as Associate Professor on
01.07.2014, had fulfilled this requirement at the time of creation
13
of the post of Professor itself. Based upon the guidelines of the
Medical Council of India/National Medical Commission, the
government has bought in certain norms into terms of the
governmental norms, when a qualified and eligible candidate is
available within the native institution, the induction of a
Professor from an external autonomous institution is
impermissible. Therefore, it becomes necessary to notice the
governmental norms/guidelines in tune with the NMC or the Bye-
laws of the institute. The guidelines were notified on 21.10.2023.
In so far as the transfer and deputation of teaching staff, the
guidelines direct as follows:
" ೋಧಕ ಬ ಂ ಗಳ ವ ಾ ವ ೆ ೆ ಅನ ಸುವ ಷರತು ಾಗೂ ಬಂಧ ೆಗಳ!:-
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ಕ-ಾ.ಯ)ಾ/ರತಕ2ದು4.
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ಅವLಾಶCರುವ# ಲG.
14
4. ಅಂತರ ಗುಂಪ# ಅಂದ0ೆ "ಎ" ಂದ "ಎ" ಗುಂಪ#, "J" ಂದ "J" ಗುಂಪ# ಮತು " "
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ಆ+ೕನದFOೕ ಮುಂದುವ0ೆಯುತ)ೆ.
6. NATIONAL MEDICAL COMMISSIONನ ¤AiÀĪÀiÁ£ÀĸÁgÀ AiÀĪÀÅzÁzÀgÄÀ
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QSಯವ0ಾ/ರುBಾ0ೆ.
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15
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0ಾ:ೇಪ ಾ ಪತ; ೕಡಲು ಅವLಾಶ ಕFN $ೆ."
The guidelines are indicative of the fact that the proposals for
transfer or deputation should be placed before the Governing
Council and after the Governing Council gives its prior approval,
the transfer or deputation should be effected. In terms of the
guidelines of the National Medical Commission, if there is any
person who is eligible to be promoted to the next higher cadre in
the next two years, there should be no transfer or deputation
from a different autonomous institution. Clause 8 thereon further
indicates that if any person is to be transferred or deputed, the
National Medical Commission should permit such transfer.
Without the approval of the National Medical Commission, no
transfer should be effected. Clause 10 thereon is indicative of the
fact that whoever comes from another institute to a particular
institute, their seniority will be at the bottom of the said cadre.
12. These guidelines have not sprung from air but they are
borrowed from the guidelines of the National Medical Commission
which undoubtedly have a statutory force. Therefore, they are to
be followed in letter and spirit. However, in utter disregard to
the governmental norms and the principles laid down therein,
16
the 5th respondent who was then serving as Professor in the
Department of Dentistry at GIMS, was sought to be transferred
into KIMS to occupy the aforesaid newly created post. The order
springs on 21.03.2022. The order reads as follows:
"ಕ ಾ ಟಕ ಸLಾ ರ
ಸಂ%ೆT: ಎಂಇD 49 ಎಂಎkಎl 2022 ಕ ಾ ಟಕ ಸLಾ ರದ ಸ\)ಾಲಯ,
ಬಹುಮಹDಗಳ ಕಟYಡ,
ೆಂಗಳoರು, ಾಂಕ: 21/03/2022
ಅ+ಸೂಚ ೆ
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Cuಾನಗಳ ಸಂ*ೆ9, ಹುಬ >] ಇFGನ ದಂತ \aBಾs Ctಾಗದ qಾ;rಾTಪಕರ ಹು$ೆ4 ೆ ತxಣ ಂದ
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?ದEೋ ಅFGಯವ0ೆ ೆ zೕ{ ೇ|ಸEಾ/$ೆ.
ಕ ಾ ಟಕ 0ಾಜTqಾಲರ ಆuಾನು*ಾರ
ಮತು ಅವರ ೆಸSನFG,
ಸe/-
21/3/2022
(ಎ •;ೕ +)
ಸLಾ ರದ ಅ+ೕನ Lಾಯ ದ• -3
)ೈದTaೕಯ •xಣ ಇEಾ%ೆ."
He was deputed to KIMS for a period of three years or until
further orders. The petitioner and the like who were eligible to be
considered for promotion, objects to the entry of the 5th
17
respondent to KIMS by filing their objections on 24.03.2022. In
the objections, it was clearly indicated that it is contrary to law
and it is only to accommodate the brother of Member of
Legislative Assembly of Hubballi East one Sri.Prasad Abbayya.
They also contended that they are eligible to be considered for
the post of Professor and getting an extra Professor from GIMS
was illegal. However, this comes to be rejected by KIMS by the
following order:
"ಸಂ%ೆT: aಮs/ C(1)ಎ/284/2022-23 ಾಂಕ:22-11-2022
UÉ,
KಾನT ಸLಾ ರದ Lಾಯ ದ• ಗಳ!,
)ೈದTaೕಯ •xಣ ಇEಾ%ೆ,
ಬಹುಮಹDಗಳ ಕಟYಡ,
ೆಂಗಳoರು - 560 001.
KಾನT0ೇ,
Cಷಯ: -ಾ: Lೇಶವ ಅಬ "ಾT, qಾ;$ಾTಪಕರು, ದಂತ \aBಾs Ctಾಗ, a†s
ಹುಬ >], ಇವರ ವ ಾ ವ ೆ ಕುSತು.
ಉEೆGೕಖ: ಸದS )ೈದTರ ಮನC ಾಂಕ: 21-11-2022.
****
@ೕEಾ2w ದ Cಷಯ ಾಗೂ ಉEೆGೕಖದನ ಯ, -ಾ: Lೇಶವ ಅಬ "ಾT, qಾ;rಾTಪಕರು,
ದಂತ \aBಾs Ctಾಗ ಇವರು ಸಧT zೕಜ ೆ @ೕEೆ a†s ಸಂ*ೆ9ಯFG Lಾಯ ವ eಸುRದು4,
ಸದSಯವರು LೌಟುಂJಕ Lಾರಣಗ>ಂ$ಾ/ ಗದಗ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಗದಗ ಂದ
ಕ ಾ ಟಕ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಹುಬ >]ಯ ದಂತ \aBಾs CtಾಗದFG qಾ;rಾTಪಕರ ಹು$ೆ4 ೆ
ವ ಾ ವ ೆ LೋS 0ಾ:ೇಪ ಾ ಪತ; ೕಡುವಂBೆ CನಂR ರುBಾ0ೆ.
ಸದSಯವS ೆ ಗದಗ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಗದಗ ಂದ ವ ಾ ವ ೆ ೆ 0ಾ:ೇಪ ಾ
ಪತ; $ೊ0ೆRರುತ$ೆ. ಆದ0ೆ ದಂತ \aBಾs CtಾಗದFG qಾ;rಾTಪಕರ ಹು$ೆ4ಯು %ಾF ಇರುವ# EಾG.
18
ಸದS )ೈದTರು a†s ಸಂ*ೆ9 ೆ %ಾಯಂ ಆ/ ವ ಾ ವ ೆ ೊಂದಲು ಸLಾ ರದ ಮಟYದFG RೕKಾ ನ
Bೆ ೆದುLೊಳ]ಬಹು$ಾ/$ೆ ಎಂಬ Cಷಯವನು, KಾನTರ ಅವ ಾಹ ೆ ೆ ತರುBಾ, ಸದS )ೈದTರು ಈ
ಕ‡ೇS ೆ ಸFG ದ ಮನCಯನು, ತಮ ೆ ಮುಂ ನ ಸೂಕ ಕ;ಮLಾ2/ ಸFGಸEಾ/$ೆ.
ಧನT)ಾದಗXೆo ಂ ೆ,
ತಮˆ Cvಾ ಸ
ಸe
$ೇ ಶಕರು,
ಕ ಾ ಟಕ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9,
ºÀħâ½î"
The petitioner kept quiet. The government then notifies certain
guidelines of movement of teaching staff between autonomous
institutions and the methodology to be adopted thereon. The
guidelines form the fulcrum of the issue in the lis.
13. When things stood thus, a Government Order springs
on 01.03.2024 creating a post of Professor in dentistry. The
Order reads as follows:
"ಕ ಾ ಟಕ ಸLಾ ರದ ನಡವ>ಗಳ!
Cಷಯ: ಕ ಾ ಟಕ )ೈದTaೕಯ Cuಾನಗಳ ಸಂ*ೆ9, ಹುಬ >] ಇFGನ ದಂತvಾಸŠ
CtಾಗLೆ2 ಒಂದು qಾ;rಾTಪಕರ ಹು$ೆ4ಯನು, ಸೃಜ ೆ Kಾಡುವ ಕುSತು.
ಓದEಾ/$ೆ: ಆŒ ಕ ಇEಾ%ೆಯ •ಪNw ಸಂ%ೆT: ಆಇ 92 )ೆಚŽ/2024,
ಾಂಕ:28.02.2024
*****
ಪ#*ಾವ ೆ:
19
@ೕEೆ ಓದEಾದ •ಪNwಯFG ಆŒ ಕ ಇEಾ%ೆಯು ಕ ಾ ಟಕ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9
(a†s), ಹುಬ >] ಸಂ*ೆ9ಯ ದಂತvಾಸŠ CtಾಗLೆ2 Cvೇಷ ಪ;ಕರಣ)ೆಂದು ಪSಗw 01-
qಾ;rಾTಪಕರ ಹು$ೆ4ಯನು, ಸಂ*ೆ9ಯ "ಾವ#$ೇ CtಾಗದFG 01- qಾ;rಾTಪಕರ ಹು$ೆ4ಯನು, ಆರು
RಂಗXೆo ಳ ಾ/ ರದು4 ೊ> ಸLಾ ರದ ಆ$ೇಶವನು, ೊರD , ಪ;Rಯನು, ಆŒ ಕ ಇEಾ%ೆ ೆ
ಒದ/ಸುವ#ದು ಎಂಬ ಷರR ೊಳಪಟುY ಸೃ{ಸಲು ಸಹಮR ೕಡEಾ/ರುತ$ೆ.
ಅದರಂBೆ, ಕ ಾ ಟಕ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಹುಬ >] ಸಂ*ೆ9ಯ ದಂತvಾಸŠ
CtಾಗLೆ2 ಒಂದು qಾ;rಾTಪಕರ ಹು$ೆ4ಯನು, ಸೃ{ಸಲು ಸLಾ ರವ# RೕKಾ , ಈ LೆಳಕಂಡಂBೆ
ಆ$ೇ• $ೆ.
ಸLಾ ರದ ಆ$ೇಶ ಸಂ%ೆT : ಎಂಇD 130 ಎಂಎಂ 2024, ೆಂಗಳoರು, ಾಂಕ 01.03.2024
ಪ;*ಾವ ೆಯFG CವS ರುವ ಅಂಶಗಳ e ೆ,EೆಯFG, ಕ ಾ ಟಕ )ೈದTaೕಯ Cuಾನ
ಸಂ*ೆ9, ಹುಬ >] ಸಂ*ೆ9ಯ ದಂತvಾಸŠ CtಾಗLೆ2 ಒಂದು qಾ;rಾTಪಕರ ಹು$ೆ4ಯನು, ಸಂ*ೆ9ಯ
"ಾವ#$ೇ CtಾಗದFG 01- qಾ;rಾTಪಕರ ಹು$ೆ4ಯನು, ರದು4 ೊ>ಸುವ ಷರR ೊಳಪಟುY ಸೃ{
ಆ$ೇ• $ೆ.
ಕ ಾ ಟಕದ 0ಾಜTqಾಲರ ಆ$ೇvಾನು*ಾರ
ಮತು ಅವರ ೆಸSನFG,
ಸe/-
01.03.2024
(cೆ. ಕುKಾರ*ಾ |)
ಸLಾ ರದ ಅ+ೕನ Lಾಯ ದ• -1,
)ೈದTaೕಯ •xಣ ಇEಾ%ೆ."
In KIMS, the order is passed on 01.03.2024, the communication
reaches KIMS on 11.03.2024. Even before the ink on the order
could dry, a Notification is issued posting the 5th respondent as
Professor in the newly created post in the Department of
Dentistry. The Notification reads as follows:
20
"ಅ+ಸೂಚ ೆ
-ಾ: Lೇಶವ ಅಬ ಯT, qಾ;rಾTಪಕರು, ದಂತ \aBಾs Ctಾಗ, ಗದಗ )ೈದTaೕಯ
Cuಾನಗಳ ಸಂ*ೆ9, ಗದಗ ಇವರನು, ಹುಬ >]ಯ a†s )ೈದTaೕಯ ಸಂ*ೆ9ಯ "ಾವ#$ೇ CtಾಗದFG
01-qಾ;rಾTಪಕರ ಹು$ೆ4ಯನು, ಆರು RಂಗXೆo ಳ ಾ/ ರದು4 ೊ>ಸುವ ಷರR ೊಳಪಟುY, ಕ ಾ ಟಕ
)ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಹುಬ >] ಇFG ೊಸ$ಾ/ ಸೃ{ಸEಾ/ರುವ ದಂತvಾಸŠ, Ctಾಗದ
qಾ;rಾTಪಕರ ಹು$ೆ4 ೆ ತxಣ ಂದ cಾS ೆ ಬರುವರBೆ ಈ Lೆಳಕಂಡ ಷರತುಗ> ೊಳಪಟುY *ೇ)ೆಯFG
ಒಂದು ಾS ೆ ಅನ ಸುವಂBೆ %ಾಯಂ ಆ/ ವ ಾ ಆ$ೇ• $ೆ.
ಷರತುಗಳ!:
1. ಸದSಯವರ *ೇ)ಾ cೇಷdBೆಯನು, ಕ ಾ ಟಕ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಹುಬ >]
ಇFGನ ದಂತvಾಸŠ CtಾಗದFG ಪ;ಸುತ ಕತ ವT ವ eಸುRರುವ qಾ;rಾTಪಕರ
ವೃಂದದFG aSಯರ ಾ,/ ಗ ಪDಸತಕ2ದು4.
2. ಸದSಯವರು ಮBೆ ಇ ,ತ0ೆ "ಾವ#$ೇ *ಾ ಯತ )ೈದTaೕಯ ಸಂ*ೆ9ಗ> ೆ ವ ಾ ವ ೆ
KಾಡುವಂBೆ Lೋರತಕ2ದ4ಲG.
3. ಸದSಯವರು ಕ ಾ ಟಕ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಹುಬ >] ಸಂ*ೆ9ಯ ೈEಾ/ವೃಂದ
ಮತು ೇಮLಾR ಯಮಗಳ!, *ೇ)ಾ ಷರತು ಮತು ಬಂಧ ೆಗ> ೆ ಒಳಪಡತಕ2ದು4.
4. ಸದSಯವರ Fೕ• ಕ ಾ ಟಕ )ೈದTaೕಯ Cuಾನ ಸಂ*ೆ9, ಹುಬ >] ಇFG ೆ %ಾಯಂ ಆ/
ವ ಾ ಸತಕ2ದು4.
5. ಈ ವ ಾ ವ ೆ ಪ;*ಾವ ೆಯನು, ಉಭಯ ಸಂ*ೆ9ಗಳ ಆಡ>ತ ಮಂಡ>ಯFG ಮಂD
ಘಟ ೋತರ ಅಮ?ೕದ ೆ ಪ-ೆಯತಕ2ದು4.
ಕ ಾ ಟಕ 0ಾಜTqಾಲರ ಆ$ೇvಾನು*ಾರ
ಮತು ಅವರ ೆಸSನFG
ಸe/-
05.03.2024
(ಆ'. ಮಂಜು ಾಥ)
21
ಸLಾ ರದ ಅ+ೕನ Lಾಯ ದ• -3
)ೈದTaೕಯ •xಣ ಇEಾ%ೆ."
The condition while appointing the 5th respondent as Professor of
dentistry is that the post is created, subject to condition that the
post of Professor in any of the departments in KIMS should be
abolished. The 5th respondent assumes charge immediately as he
was already working in the institute on deputation. The
Departmental Promotion Committee then meets on 13.03.2024
and the petitioner is held eligible to be promoted to the post of
Professor and petitioner applies to be posted as Head of
Department of the 3rd respondent owing to his eligibility and the
incumbent retiring on attaining the age of superannuation. He is
not posted as Head of Department but the 5th respondent is
posted as Head of Department. Not stopping at that, a
provisional seniority list is notified by KIMS in Department of
Dentistry. In the seniority list, the name of 5th respondent
springs at first place and the petitioner is at the second place.
The provisional seniority list is as follows:
22
The shara against the 5th respondent is that he has been
transferred permanently from GIMS to KIMS and has reported to
duties on 07.03.2024 and the petitioner has been promoted on
04.07.2024. Therefore, on sheer date of entry, the 5th
respondent is placed above the petitioner. The petitioner objects.
The objection is as follows:
"From:
Dr Suneel G Patil
Professor
Department of Dentistry
KMCRI, Hubli
To,
The Director
KMCRI, Hubli
23
Respected Sir,
Sub: Objection to my placement at SL.No.2 in the
provisional seniority list of Professors in the
Department of Dentistry as on 01/01/2025
I have been appointed at KMCRI Hubli on 26/02/1999 and
am working in this institution continuously for the past 25 yrs
and i have been eligible for the post of professor since the
past 10 yrs.
I have been promoted to the post of Professor in the
Department of Dentistry in the DPC held on 13/03/2024 for
the vacancy arising due to the superannuation of the former
Professor and HOD Dr R.M.Alnavar occupying the only
sanctioned post of Professor in Dentistry, by the virtue of
being at SL.No.1 in the seniority list of Associate Professors
in the Department of Dentistry. The promotion order was
issued on 04/07/2024 which subsequently has been ratified
in the GC meeting held on 26/07/2024 To my surprise i have
been placed at SL.No.2 in the provisional seniority list of
Professors in Dentistry, below that of Dr Keshav Abbayya
(joined service in 2019 at GIMS, Gadag) who has been
transfered from GIMS Gadag, to KMCRI Hubli, even though
there was no vacancy for the post of Professor at KMCRI
Hubli, moreover the said transfer was subject to abolishing a
sanctioned post of Professor in any Medical Department of
this Medical college in 6 months, to create an extra post of
Professor in Dental Department of this Medical college,
according to the administrators of this Institution the process
is not complete till the publication of this seniority list as on
01/01/2025
I am the senior most faculty in the department, occupying
the legal and legitimate sanctioned post of Professor in the
department of Dentistry at the time of publishing this
seniority list should be placed at SL.No.1 and not below that
of Dr. Keshav Abbayya, an extra professor transfered from
another institution without existing vacancy and sanctioned
24
post but to a created post just to facilitate his transfer to
KMCRI, even the procedure for which is not complete
Hence I request you to place me at SL.No.1 in the seniority
list of Professors in the Department of Dentistry and oblige
Thanking you,
Yours Sincerely
24/01/2025 Sd/-
Hubli (Dr. Suneel G Patil)."
No timely action having been forthcoming, the petitioner is
constrained to knock at the doors of this Court seeking redress.
The pivotal question that arises for consideration is whether the
entry of the 5th respondent in KIMS can withstand judicial
scrutiny. The relevant guidelines have already been adverted to
supra. It is not in dispute that the 5th respondent is a Professor
at GIMS and not of KIMS. The mode and manner of his
appointment at GIMS is of no consequence to the present
adjudication. What falls squarely for determination is the
legitimacy of his ingress into KIMS which constitutes the crux of
the controversy.
14. A perusal at the original files placed before this Court
is indicative of one glaring fact that the petitioner comes into
25
KIMS from GIMS purely on his own request. The request of the
petitioner reads as follows:
"From, Date:21/11/22
Place:Hubli
Dr.Keshava Abbayya,
Professor, Dept. of Dentistry
KIMS, Hubli.
To,
The Secretary,
Medical Education, Bangalore.
Though proper channel, Director, KIMS,
Hubli.
Subject: Regarding transfer to KIMS, Hubli from GIMS, Gadag.
Respected Sir,
I the undersigned (Dr.Keshava.A) have been deputed from
GIMS, Gadag to KIMS, Hubli, since 24/03/2022. As my mothers
health is not good, so I hereby request you to kindly transfer
me to KIMS, Hubli. As I have already received a No Objection
Certificate from GIMS, Gadag, hence I once again request you
to consider my request & do the needful.
Thanking you,
Your's sincerely,
Sd/-
(Dr.Keshava.A)"
Viewed through the prism of settled jurisprudence, the petitioner
having migrated from GIMS to KIMS ostensibly at his own
behest, could lay claim, to the lowest rung in the seniority of
Professors, and nothing else. Yet, the factual canvass reveals an
unusual anomaly, that existed, as there was only one sanctioned
post of Professor and the petitioner alone was eligible to be
promoted to the said post on the relevant date. Therefore, the
controversy cannot be confined to a narrow examination of
26
seniority alone, but must be tested against the totality of
circumstances and attendant contentions that surrounded the 5th
respondent's very induction to KIMS.
15. The narrative of the 5th respondent's entry into
KIMS does not rest upon a slender reed of a voluntary
request. It is preceded, indeed propelled by a
communication addressed to the Minister, by none other
than the petitioner's brother, a sitting MLA. The imprint of
political interference towards the transaction is thus not
speculative, it is manifest and unmistakable. The factum
of political influence, is rendered even more conspicuous
by the fact that the said MLA represents the very
constituency in which KIMS, Hubballi stands situate. A
perusal at the records would indicate three communications that
are germane to be noticed. One that springs from the brother of
the petitioner the MLA and the other two directing the Institute
by the State. They are as follows:
27
28
29
30
The submissions advanced in the petition therefore, do not hover
in the realm of surmise or conjecture. They are firmly anchored
in the documentary record. A careful perusal at the original files
brings to the fore three communications of relevance supra.
One, emanating from the petitioner's brother, the MLA and two
others flowing from the corridors of the State issuing directions
to the institute. Therefore, the petitioner's entry is
indubitably traceable to political influence. Such
interference when allowed to infiltrate into the realm of
administrative governance, it puts the foundations of
public administration to peril, and places the rights of
deserving individuals in grave jeopardy. The controversy,
thus, transcends a mere infraction of statutory provisions
or executive guidelines, it is in fact an imprint of political
patronage. Therefore, the impugned action becomes a
suspect from its inception.
16. As earlier noted, the regulatory framework issued by
the National Medical Commission unequivocally stipulates that
the Associate Professor, who has completed three years of
service is eligible to be considered for promotion to the post of
Professor. The governmental guidelines further mandate that
31
when an Associate Professor who could be considered for
promotion to the post of Professor in the ensuing two years, the
importation of a Professor from any other autonomous institute,
whether by transfer or deputation, permanent or otherwise, is
strictly impermissible. The petitioner having already completed
requisite qualifying service as early as at the time when the new
post of Professor in Dentistry was created, was fully eligible and
available for promotion. Yet, the 5th respondent whose
fraternal relationship with the sitting Member of the
Legislative Assembly, representing Hubballi, appears to
have been ushered into KIMS through the channels of
influence, notwithstanding the oppositions raised by those
affected.
17. The State however did not halt at this juncture. It
proceeded to conjure a new post of Professor in the Department
of Dentistry without first securing the concurrence of the
National Medical Commission, and that too, on the express
condition that an existing post in another department would be
abolished. Deliberations regarding such abolition were indeed
held but till date, no post has actually been abolished in
fulfilment of that condition. The 5th respondent's permanent
32
transfer to KIMS, predicated upon the fulfilment of this condition,
thus stands on an untenable ground. Added to this, well settled
Service Jurisprudence dictates that a person who seeks
permanent transfer into a cadre at his own request must
necessarily be placed at the bottom of the seniority list therein.
While it is true that the 5th respondent reported to duty as
Professor on 7.3.2024, and the petitioner's promotion followed
on 8.7.2024, the fact remains that the very entry into the cadre
was illegal.
18. The permanent placement of 5th respondent as
Professor of KIMS being in blatant violation of binding
statutory guidelines and indelibly tainted by political
influence, cannot be sustained in law. The petitioner's
subsequent promotion, though effect a few months later,
does not efface or cure the illegality that vitiates the
appointment of the 5th respondent. When the petitioner
was statutorily entitled for promotion, importing an
outsider into the lone available post in the department,
effectively divested the petitioner of both his seniority, a
statutory right, and his legitimate consideration of
promotion, a fundamental right. The government though
33
empowered to create or abolish post, must exercise such
authority within the confines of fairness and non-
arbitrariness. Article 14 stands as a constitutional sentinel
prohibiting whimsical actions or favouritism by the State.
In the light of the aforesaid circumstance, the petitioner's
grievance merits acceptance and the prayers that are sought are
to be granted.
19. For the aforesaid reasons, the following:
ORDER
[i] Writ Petition is allowed.
[ii] Transfer order dated 05.03.2024 passed in MED 263
MSF 2023 by the respondent No.1 vide Annexure-J,
stands quashed.
[iii] Order dated 30.03.2024 passed in
KIMS/CV(1)A/434/2023-24 by the respondent No.3
vide Annexure-M, stands quashed.
[iv] Sequentially, to the preceding clauses [i] and [ii],
provisional seniority list dated 21.01.2025 passed in
K.M.C.R.I:CV(1)A&B:206:2024-25 by the respondent
No.3 vide Annexure-T, stands quashed.
[v] The petitioner is declared entitled to all consequential
benefits that would flow from the quashment of the
order.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
cbc
CT-MJ
