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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 21st DAY OF DECEMBER, 2018
BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NOs. 46917-47025 OF 2018 (EDN-RES) C/W WRIT PETITION NOS. 45738 OF 2018, 46335- 46523/2018(EDN-RES), 47256-47276 OF 2018 (S-RES), 52140-52172/2018(EDN-RES)
IN W.P. NOs. 46917-47025 OF 2018:
BETWEEN:
DR SWAMY MANJUNATH S T S/O MANJUNATH S AGED ABOUT 28 YEARS RESIDING AT MAHADEVI NILAYA OPPOSITE KEB OFFICE JYOTHI NAGARA, SIRA, TUMKUR - 572137
DR SAMEERA D/O IBRAHEEM PATEL AGED ABOUT 28 YEARS RESIDING AT # 7-844/B MEHBOOB MANZIL MIJGORI NAYA MOHALLA GULBARGA - 585104
DR ASHWINI B S D/O DR B N SHIVARAM AGED ABOUT 29 YEARS RESIDING AT NO H NO 28 SAI NILAYA, NEAR PADMA CHITHRAMANDIRA AMRUTHAHALLI, BANGALORE - 92
DR ANUSHA K L D/O LAKSHMANA AGED ABOUT 28 YEARS RESIDING AT 11 SRI GURU APRAMEYA SADANA 3RD MAINROAD, ANANTHAPURA YELAHANKA, BENGALURU - 560064 R
DR SOWMY A J D/O JAGADEESHWARA V AGED ABOUT 28 YEARS RESIDING AT G5, SILVER WAVE ELEGANCE BEHIND BETHESDA CHURCH VALAGEREHALLI KENGERI SATELLITE TOWN BANGALORE - 560060
DR SHALOM ELSY PHILIP D/O SAJI PHILIP AGED ABOUT 27 YEARS RESIDING AT TALENTS FOR CHIRST PALLICKAL P O KATTANAM - 690503
DR SHETTY HARSHAVARADHAN KUSHAL S/O KUSHAL SHETTY AGED ABOUT 29 YEARS RESIDING AT 14-145/A 3, AIRPORT ROAD, 403, ADITYA COMPLEX, NEAR MASHAAL CHOWK NANI DAMAN, DAMAN U T - 396210
DR SUPRITHA J C D/O CHANNAPPA J B AGED ABOUT 27 YEARS RESIDING AT NO 1308 SPANDANA NILAYA, 3RD CROSS, NEHRU NAGAR, MANDYA - 571401
DR SHRADHA SURANA D/O SHARAD SURANA AGED ABOUT 27 YEARS RESIDING AT ASHIRWAD # 195 68TH CROSS, 5TH BLOCK, RAJAJINAGAR BANGALORE - 560010
DR SHRUTHI T S D/O SHIVALINGEGOWDA AGED ABOUT 27 YEARS RESIDING AT THOTAHALI VILLAGE SATHANUR HOBLI, KANAKAPURA TALUK RAMANAGAR DISTRICT - 562117
DR SHIVARANJINI D/O LATE VERAIAH AGED ABOUT 28 YEARS ADDRESS HULLEKERE BEVINAHALLI POST, MANDYA - 571401
DR IDRIS KAMRAN S/O ASHFAQUE AHMED WAHEED AGED ABOUT 27 YEARS RESIDING AT NO 19, 3RD MAIN ROAD, RATHAN SINGH LAYOUT KAVAL BYRASANDRA, BANGALORE – 560032
DR SHRUTHI B S D/O SHIVALINGAPPA B N AGED ABOUT 28 YEARS RESIDING AT NO 113,KANAKA NAGAR VIJAYANAGAR 4TH STAGE MYSORE - 570026
DR ARSHIYA TABASSUM D/O MOHAMMED HABBEBULLA AGED ABOUT 28 YEARS RESIDING AT NO 1104 7TH B MAIN KEB LAYOUT BTM 1ST STAGE BANGALORE - 560029
DR ARAVIND N S/O N VISHWANATH BHAT AGED ABOUT 28 YEARS ADDRESS: BAREMPADY HOUSE RAMAKUNJA POST, PUTTUR TALUK, D K DISTRICT - 574241
DR SURIA RASHMI C D/O CHANNA REDDY AGED ABOUT 29 YEARS RESIDING AT PLOT NO 100 APPAVU NAGAR THALLY ROAD, HOSUR - 635109
DR ABITHA B KRISHNA D/O BHASI C AGED ABOUT 27 YEARS RESIDING AT PARACKAL HOSUE KATTAPPANA P O, I T I JUNCTION IDUKKI DISTRICT, KERALA - 685508
DR SREEKANTH S/O PARAMESHWARAN M AGED ABOUT 29 YEARS RESIDING AT AYYAMKUZHIYIL HOUSE KOTTAPURAM, KODUNGALLUR THRISSUR, KERALA – 680667
DR SREERASHMI SASIKUMAR D/O SASIKUMAR MANGALAM AGED ABOUT 29 YEARS RESIDING AT SREE RAM NIVAS KUMBALACODE P O VIA PAZHAYANUR THRISSUR – 680587
DR PUSHPA H R W/O DR HARISH G R AGED ABOUT 29 YEARS RESIDING AT NO 187, 5TH MAIN, 2ND CROSS, BHUVANESHWARI NAGAR T DASARAHALLI, BANGALORE - 560057
DR KAVYA M D/O VISHNUMOORTHI M AGED ABOUT 28 YEARS RESIDING AT SAMPADA DOOR NO 63, BLOCK NO 23, S B M COLONY, SRIRAMPURA, 2ND STAGE, MYSORE- 570023
DR VIJAYALAXMI V SHETTAR D/O VIRUPAXAPPA SHETTAR AGED ABOUT 28 YEARS RESIDING AT NO 322 2ND PHASE AKSHAY COLONY, NEAR CHETAN PU COLLEGE HUBLI - 580030
DR VEERESH KUMAR IREDDY S/O BANDAPPA IREDDY AGED 29 YEARS R/AT NO #1-10-72,NEW AZAD NAGAR RAICHUR - 584101
DR MALLESH PAWAR S/O BANSI PAWAR AGED ABOUT 27 YEARS RESIDING AT # 18-3-352/1 BUDA COLONY,NEAR NEW SHAHEEN PU COLLEGE, CHIDRI PHASE – 2, BIDAR - 585403
DR USHA RANI H PATTED D/O HONNAPA PATTED AGED ABOUT 28 YEARS RESIDING AT NO LIG 7 SHANTI NAGAR KHB STAFF QUARTERS OPPOSITE CENTRAL BUS STAND MSK MILL ROAD, GULBARGA - 585102
26.DR PAVAN KUMAR REDDY V S/O V ANKI REDDY AGED ABOUT 30 YEARS RESIDING AT 5/74 CHINMAYANAGAR ANANTAPURAM - 515002
27.SUNIL KUMAR APV S/O APV MOHAN RAO AGED ABOUT 28 YEARS RESIDING AT NO INTEGRATED HIGH SCHOOL VALLAPPA CHERUVU ROAD, PEDDACHERUVU NARASARAOPET GUNTUR - 522601
28.DR VINAY G S/O GOPALAKRISHNA K V AGED ABOUT 28 YEARS RESIDING AT NO 63, GROUND FLOOR, 1ST E CROSS, MATHIKERE BANGALORE - 560054
DR KRISHNA S R S/O RANGANATH S T AGED ABOUT 27 YEARS RESIDING AT NO VIDYANAGARA PSOT TOPPINGATTA HARIGE SHIVAMOGGA - 577203
DR SUSHMA J D/O JAYARAMA T R AGED ABOUT 28 YEARS RESIDING AT NO 67 , 2ND CROSS, 1ST STAGE, BHUVANESHWARI NAGAR JNANABHARATHI POST BENGALURU - 560056
DR ASHWIN RAGHAVENDRA A S/O SREENIVASAN AGED ABOUT 28 YEARS R/AT NO 616/1, T H ROAD, TONDIARPET CHENNAI - 600081
DR SHARATH M HANDE S/O MOHAN HANDE AGED ABOUT 28 YEARS, MALE RESIDING AT NO UNITY HOSPITAL RAILWAY STATION ROAD, RANEBENNUR, HAVERI – 581115
DR ASHIK CHANDRA K M S/O LATE RAMACHANDRAN K M AGED ABOUT 31 YEARS RESIDING AT NO KARTHIKA HOUSE, NEAR SANGEETHA TALKIES PAYYAMBALAM KANNUR KERALA - 670001
DR REJANI K W/O ASHIK CHANDRA K M AGED ABOUT 30 YEARS RESIDING AT NO RAJI MANDIRAM THEVANOOR PO AYOOR KOLLAM - 691533
DR SWATHI NAYAK C V D/O NAGARATHNA AGED ABOUT 27 YEARS RESIDING AT NO 274, NEAR FOREST NURSERY GATE SIDDARTHANAGAR CHAMARAJANAGAR - 571313
SRIJANA RAO S P W/O ABHISHEK V RAJAPUROHIT AGED ABOUT 27 YEARS RESIDING AT FLAT NO 401 SAI NANDANA PRESIDENCY 5TH MAIN, 11TH CROSS, VIJAYA BANK LAYOUT BILEKAHALLI BANGALORE - 560076
SHASHIDHARA K E S/O ESWARA K P AGED ABOUT 29 YEARS RESIDING AT NO 43, 1ST FLOOR, 3RD SOUTH CROSS, ANIKETHANA ROAD KUVEMPUNAGAR MYSORE - 570023
DR MEENU PAUL P D/O POULOSE P D 30 YEARS, RESIDING TC 21/1306 SOMAN NAGAR, KARAMANA P O TRIVANDRUM, KERALA PIN -695002
DR GOWTHAMI P D/O RANGAREDDY P AGED ABOUT 27 YEARS RESIDING AT NO 454, 4TH CROSS VIVEKANANDA NAGAR T NARASIPURA, MYSURU – 571124
DR SHANTHI M D/O MANIVANNAN V AGED ABOUT 27 YEARS RESIDING AT NO 88, 4TH CROSS, SAIBABANAGAR SRIRAMPURAM, BANGALORE- 560021
DR POOJA NAIR D/O K MURALEEDHARAN NAIR AGED ABOUT 28 YEARS RESIDING AT NO GANGOTHRI DHANUVACHAPURAM P O THIRVANANTHAPURA, KERALA 695503
DR YASHWANTH RAJU H N S/O NAGARJAU H P AGED ABOUT 28 YEARS RESIDING AT NO 34, 3RD MAIN 7TH CROSS, MAHDESHWARANAGARA VIJAYANAGARA 2ND STAGE, MYSORE- 570016
DR THIRUMALA C R D/O LATE C S RUPAKUMAR AGED ABOUT 27 YEARS RESIDING AT # 3, HAREKRISHNA 27TH BLOCK, JSS LAYOUT RAJKUMAR ROAD, SHAKTHINAGARA MYSORE - 570027
DR MAYANK GARG S/O MR R K GARG AGED ABOUT 29 YEARS RESIDING AT NO C-65 SHUBHAM ENCLAVE, PASCHIM VIHAR NEW DELHI - 110063
DR SURAJ MURALIDHAR S/O DR R MURALIDHAR AGED ABOUT 28 YEARS RESIDING AT NO SANTRUPTI NO 9, M S RAMAIAH ROAD YESHWANTHPUR, BANGALORE - 560022
SIJU C S S/O SHIVARAJAN C R AGED ABOUT 29 YEARS RESIDING AT CHEMMANAPARAMPIL HOUSE KIZHAPARAYAR P O, KOTTAYAM DISTRICT, KERALA - 686578 W.P.NO.46958/2018 W.P.NO.46959/2018 W.P.NO.46990/2018 W.P.NO.46991/2018 *Page No.7 is retyped and replaced vide chamber order dated 27.03.2023.
DR MADHU KUMAR R S/O RAMAKRUSHNA AGED ABOUT 27 YEARS RESIDING AT KAILASH STORES KATARIPALYA KOLAR - 563101
DR ANGAD JOLLY S/O RAJKANWAR JOLLY AGED ABOUT 28 YEARS RESIDING AT B411, FERN SAROJ APARTMENTS, LAL BHADUR SHASHTRI NAGAR VIMANAPURA POST BENGALURU - 560017
DR RASHMI U TURAMARI D/O ULAVAPPA AGED ABOUT 27 YEARS RESIDING AT ULAVAPPA TURAMARI BASAVA MAARG, SHIVANAND BHARATI NAGAR BAILHONGAL DISTRICT, BELGAUM PIN : 591102
DR SHWETHA F DYAMANNAVAR W/O MADHU B G AGED ABOUT 28 YEARS RESIDING AT NO 17/110 CANARA BANK APPT, DIAGONAL ROAD, VV PURAM, BASVANAGUDI BANGALORE - 560004
DR ROHIN DUBBAL S/O JAYAPRAKASH AGED ABOUT 29 YEARS RESIDING AT NO 5, KITTUR CHENNAMMA ROAD MUNDGOD PIN - 581349 DIST UTTAR KANNADA
VINAY G S/O GOPALA KRISHNA K V AGED ABOUT 28 YEARS R/AT NO # 63, GROUND FLOOR, 1ST E CROSS, MATHIKERE BENGALURU - 560054
NEETHA T R D/O T K RAMNKUTTY AGED ABOUT 29 YEARS FEMALE, RESIDING AT THAYIL HOUSE CHOTTANIKKARA PO, ERNAKULAM KERALA- 682312
AKSHATHA L P D/O L S PRAHALAD AGED 28 YEARS RESIDING AT NO # 3682/76A, AKSHARA & QUOT, 1ST MAIN ROAD, 8TH CROSS, IGP HOSUE TARALABALU BASAWANE DAVANGERE - 577005
DR DEEPTHI NAYAK D/O DR DIVAKAR NAYAK S AGED 28 YEARS RESIDING AT # 2-83 KUTEERA SHEDIGUDDE ATHRADY POST UDUPI - 576107
DR SUJITH VARGHESE ABRAHAM S/O ABRAHAM MATHEW AGED ABOUT 28 YEARS RESIDING AT PONMELIL ALAYAMON P O ANCHAL KOLLAM, KERALA - 691306
LAL C G S/O GEORGE A L AGED ABOUT 29 YEARS RESIDING AT CHIRIYANKANDATH HOUSE MURIYAD P O, KERALA - 680683
DR. DENNIS TITUS S/O. TITUS KURIAN, AGED ABOUT 28 YEARS R/AT KAKKANATTU HOUSE, THELLAKOM PO, KOTTAYAM, KERALA 686016
DR. PARVATHY PREMCHANDRAN D/O. PREM CHANDRAN, AGED ABOUT 29 YEARS R/AT SREE SANKARA BHAVAN, ANCHALUMOODU, PERINADU PO, KOLLAM 691 601
TINTU THAMPY ABRAHAM D/O. THAMPY VARKEY ABRAHAM, AGED ABOUT 30 YEARS R/AT KODIYATTU MADATHIL, UG-76, ULLOOR GARDENS, MEDICAL COLLEGE P.O, TRIVANDRUM, KERALA 695011
JOHN C J S/O. JOY C D, AGED ABOUT 28 YEARS R/AT CHITTILAPPILLY HOUSE, P W ROAD,THAIKKATTUKARA PO, ALUVA, ERNAKULAM, KERALA 683106
JERRY JAME JOY S/O. JOY JACOB, AGED ABOUT 29 YEARS R/AT THONDAMKUZHYIL HOUSE, KURAVILANGADU PO, THOTTUVA, KOTTAYAM 686633
VIVEK S S/O. K SOMAN, AGED ABOUT 29 YEARS R/AT KAROTTUMADATHIL, POURNAMI HOUSE, OPP. MOUNT SINAI HOSPITAL, THODUPUZHA KERALA 685584
DR. ROHAN ABRAHAM RAJAN S/O. K SOMAN, AGED ABOUT 30 YEARS R/AT MANAPURATH THENGUMVILA KUMMALLOOR P O, KOLLAM, KERALA – 691573.
DR. MEENA L D/O. C LAKSHMI NARAYANA, AGED ABOUT 27 YEARS R/AT NO. DOOR NO. 2472, 7TH B MAIN, 7TH CROSS, HAMPI NAGAR, VIJAYANAGAR, BANGALORE 560 104
DR. MOHAMMAD FAKRUDDIN S/O. BABU MASALI, AGED ABOUT 29 YEARS R/AT NO. C5 5(A), CADA COLONY, BHEEMARAYANA GUDI 585287
DR. CHETHANA D/O. RAMAKRISHNA, AGED ABOUT 28 YEARS R/AT 585, SHREE SOURABHA NILAY, 8TH BLOCK, JAYANAGAR, KOLAR 563101
DR KAVITHA C R D/O RAMALINGAPPA CN AGED ABOUT 27 YEARS, FEMALE RESIDING AT # 53 VARANASI MAIN ROAD 1ST CROSS DODDARAMAIAH LAYOUT BENGALURU-560036
DR PRUTHVI RAJ H S/O HONNAIAH AGED ABOUT 28 YEARS RESIDING AT NO.145, JAKKASANDRA NELAMANGALA, BENGALURU RURAL-562123
DR SYED ABRAR UL HAQ QUADRI S/O SYED SAYEED IQBAL QUADRI AGED ABOUT 29 YEARS RESIDING AT NO.4-1 98/1 NOOR KHAN TALEEM NEAR MANGAL PET, BIDAR 585401
DR DEEPTHI S D/O SAIPRASAD S AGED ABOUT 27 YEARS RESIDING AT AJJANAGADDE HOUSE POST, CHOKKADY SULYA TALUK DAKSHINA KANNADA 574212
DR NITIN KUMAR K S/O SURESH KAMBLE AGED ABOUT 29 YEARS RESIDING AT NO.157/B, 5TH MAIN, K G E LAYOUT R M V 2ND STAGE, BANGALORE-560094
DR VIJAYLAKSHMI D/O SIDDALINGAPPA AGED ABOUT 27 YEARS RESIDING AT HOUSE NO.8-11-256, C/O SASI NERALU RAGHAVENDRA COLONY, BIDAR-585401
DR SYED FAROOQUE ALI S/O SYED NASSER ALI AGED ABOUT 27 YEARS RESIDING AT H.NO.62 WARD NO.28, EX SERVICE COLONY, COWL BAZAR, BALLRI -583102
DR VINAYAK KURLE S/O RAMESH KURLE AGED ABOUT 30 YEARS RESIDING AT S28RG MALU ENCLAVE JEVARGI CROSS, KALABURGI-585102
DR KODGE SACHIDANAND SUBHASHRAO S/O OF SUBHASRAO KODGE AGED ABOUT 30 YEARS RESIDING AT TRINETRANIVAS AMBEDKAR NAGAR, NANDED, MAHARASTRA-431605
DR SADAQUAT ULLAH KHAN S/O M D NAIMATULLA KHAN AGED ABOUT 27 YEARS RESIDING AT NO.2-907/121/1/9 GDA LAYOUT, UMMRA COLONY SANGTRAHWADI, KALABURGI-585105
DR VAJRESHWARI D/O.MALAPPA K VAGGER, AGED ABOUT 28 YEARS RESIDING AT PLOT NO.10, SRI SAI KRUPA, RANGOLY LAYOUT, SEDAM ROAD, KALBURGI-585105.
DR SANGAMESH J MISE S/O.JAGANNATH MISE, AGED ABOUT 30 YEARS RESIDING AT MESARA NO.2-909/63-22, THILAKNAGAR, KALBURGI-585105.
DR SHANE E D/O ASHRAF IBRAHIMSHAH E, AGED ABOUT 30 YEARS, RESIDING AT ERANHIYIL HOUSE, PANDIKKAD PO,PANDIKKAD, MALAPPURAM, PIN 676521.
DR SHRUTHI GOWTHAMI M R D/O RAMACHANDRAPPA M, AGED ABOUT 27 YEARS, RESIDING AT NO.49, 1ST MAIN ROAD, KEMPEGODANAGAR, BENGALURU-560019.
DR VADAKKENCHERY VARGHESE EDISON S/O THOMAS VARGHESE, AGED ABOUT 29 YEARS RESIDIG AT VADAKKENCHERY HOUSE, KAPRASSERY NEDUMBASSERY PO ERNAKULAM KERALA 683585.
DR VARSHA J S D/O SRINIVAS JK, AGED ABOUT 27 YEARS, RESIDING AT NO.4, SRINIDHI 4TH MAIN, 8TH CROSS, TREASURY LAYOUT 2,BOGADI SOUTH 2ND STAGE, MYSORE-570026.
DR RUCHITA J INGLE D/O JAYANT A INGLE, AGED ABOUT 28 YEARS RESIDING AT FLAT NO.304, RUKHMINI KRISHNA APPARTMENT, ZAWAR LAYOUT, BELTARODI, NAGPUR, MAHARASHTRA 440037.
DR ASWATHI P T D/O P K SUDHAKARAN, AGED ABOUT 29 YEARS RESIDING AT THAILAVALAPPIL HOUSE, AROLI P O, PAPPINISSERY KANNUR, KERALA-670561.
DR PRASHANT B CHANNAVEERAPPA ANAVAR S/O BASAVANTAPPA C, AGED ABOUT 28 YEARS RESIDING AT HOUSE NO.822, 1ST MAIN ROAD, GOWRISHANKAR NAGAR, RANEBENNUR, HAVERI DISTRICT 58115.
DR RANJITHA M L D/OLOKESHWARAPPA G V, AGED ABOUT 28 YEARS RESIDING AT MUDIGERE, DONIHALLI POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT 577213.
DR SOFIYA CRASTHA D/O SEBASTIAN CRASTHA, AGED ABOUT 28 YEARS, RESIDING AT NO.206/01, NEAR KULA FRIENDS CLUB, DEVINAGAR, KUNJATHBAIL, KAVOOR MANGALORE-575015.
DR DESHPANDE SHRUTHI SANTOSH D/O SANTOSH DESHPANDE R/A NO.95, HMT QUARTERS SECTOR 1, JALAHALLI BANGALORE-560013
DR VINAY KUMAR M N S/O J NANJUNDASWAMY AGED ABOUT 29 YEARS R/A NO.C 103, 2ND FLOOR, KHB QUARTERS, KHB MAIN ROAD KAVAL BAIRASANDRA, R T NAGAR POST BANGALORE-560032
DR RASHMI D/O SHIVA KUMAR AGED ABOUT 30 YEARS R/A NO.19-55/F, 5TH CROSS, JALAGERAMMA TEMPLE ROAD LOTTEGOLLA HALLI, BANGLAORE-560094
DR FATHIMA TARANNUM D/O ABDUL RAHIM AGED ABOUT 30 YEARS R/A NOOR MANZIL, 8TH CROSS, KRISHNA NAGAR, BEHIND MUSLIM HOSTEL SIT EXTENSION, TUMKUR-572103
DR SHILPA T PATIL D/O TUKARAM PATIL AGED ABOUT 29 YEARS R/A GOKAK ROAD, HARUGERI, RAYBAG TALUK, BELAGAVI-591220
DR SUMALATHA V D/O T VENKATESH AGED ABOUT 37 YEARS R/A NO.11, 4TH CROSS VALLABHAI PATEL STREET POST OFFICE ROAD, RAMAMURTHYNAGAR BANGALORE-560016
DR SHRUTHI P NAIK D/O PRAKASH V NAIK AGED ABOUT 28 YEARS R/A NO.1450, SARJERAO NAGAR AT POST ANKALI CHIKODI-541213
DR GOPITHIRUMARAN S S/O SHANMUGAM MURTHY AGED ABOUT 33 YEARS R/A NO.7, BABA STREET BABA NAGAR, D K HALLI ROAD KGF-563115
DR AMITH SUNIL AMBLE S/O SUNIL AMBLE AGED ABOUT 28 YEARS R/A NO.4476 NEAR MAHADEV TEMPLE HOSPET GALLI, CHIKKODI BELGAUM-591201
DR BHAYA G D/O GANGAIAH AGED ABOUT 28 YEARS R/A SRI VENKATESHWARAYA NILAYA 2ND B CROSS, MARUTHI NAGAR TUMKUR-572102
DR SINDHU B R D/O RAMESH B V AGED ABOUT 28 YEARS R/A NO.27, 7TH CROSS 5TH MAIN, SVG PATTEGARAPALYA BANGALORE-560072
DR PALMURTHY S/O B RAJALU AGED ABOUT 29 YEARS R/A SANGAMESHWAR SCHOOL BASAWESHWAR NAGAR SHAHAPUR, YADGIRI-585223
DR NOOTHANA S AGED ABOUT 29 YEARS S/O SUBRAMANI V R/A NO.#9, 6TH MAIN ROAD PALACE GUTTAHALLI BANGALORE-560003
DR KIRAN B AGED ABOUT 28 YEARS S/O BHEEMESHWAR M N R/A NO.#P-161, CIVIL POLICE QUARTERS ASHOK NAGAR, SHIMOGA-577201
DR SHRUNGA R P AGED ABOUT 29 YEARS D/O PUTTALINGEGOWDA R L R/A NO.KT 134LAKSHMI DEVI NILAYA SHANKAR NAGAR, 4TH CROSS BEHIND ABPU COLLEGE MANDYA CITY-571401
DR VYSHALI R AGED ABOUT 28 YEARS D/O H RAMACHANDRA R/A NO.174, 6TH CROSS HMT LAYOUT, MATHIKERE BANGALORE-54
DR ABHILASH B S/O BEEREGOWDA S N AGED ABOUT 29 YEARS R/A NO.7TH CROSS, LAST STAGE VISVESWARAYA EXTENSION NEAR 60 FEET RING ROAD HASSAN-573201
DR KIRAN T S/O THIMMARAYAPPA R M AGED ABOUT 28 YEARS R/A #21/1, RAVIKIRAN NILAYA 12TH MAIN, SHIVANAGAR RAJAJINAGAR BENGALURU-560010
DR SUMAN S AGED ABOUT 27 YEARS D/O SWAMYNATHAN R R/A NO.#41, KALPAVRIKSHA NEAR SAGAR HOSPITAL SWAGATH MAIN ROAD JAYANAGAR, BANGALORE-41
DR BHUVANESH R S/O RAMAKRISHNA V AGED ABOUT 30 YEARS R/A NO.#65/34, 3RD MAIN BHARATHI LAYOUT, SG PALYA BENGALURU-560029
JAVERIYA MOHAMMADI D/O ABDUL GHANI AGED ABOUT 28 YEARS R/A NO.#46/A, SRK MANZIL 2ND FLOOR, 13TH CROSS KANAKA NAGAR, RT NAGAR POST BENGALURU-560032 ... PETITIONERS (BY SRI. G VIKRAM , ADVOCATE)
AND:
STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKASA SOUDHA BANGALORE - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF MEDICAL EDUCATION MULTI STORYED BUILDING, BANGALORE - 560001 REPRESENTED BY ITS SECRETARY
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES KARNATAKA 4TH T BLOCK JAYANAGAR BANGALORE - 560041 REPRESENTED BY ITS REGISTRAR ... RESPONDENTS
(BY SRI. A S PONNANNA, AGA FOR SMT. PRAMODHINI KISHAN, ADVOCATE FOR R1 & 2; SRI. N K RAMESHA, ADVOCATE FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 28.09.2018 AT ANNEX-A ISSUED BY R-2.
IN W.P. NO. 45738 OF 2018:
BETWEEN:
DR ARJUN KALASAPUR S/O MR.K.L.SUBASH R/AT NO.32, 2ND MAIN, BASAPPA LAYOUT, GAVIPURAM EXTENSION, BANGALORE-560 019. ... PETITIONER (BY SRI. DORERAJ B H, ADVOCATE)
AND:
STATE OF KARNATAKA THROUGH THE DIRECTORATE OF MEDICAL EDUCATION GOVERNMENT OF KARNATAKA ANAND RAO CIRCLE, BENGALURU-560 009 REP BY ITS SECRETARY.
THE KARNATAKA EXAMINATIONS AUTHORITY 18TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BENGALURU-560 012 REP BY ITS CHAIRPERSON
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR, BENGALURU-560 041 (REP BY ITS VICE CHANCELLOR)
KARNATAKA MEDICAL COUNCIL 6/6 MILLER TANK BUNC ROAD VASANTH NAGAR, BENGALURU KARNATAKA-560 052 (REP BY ITS DIRECTOR) ... RESPONDENTS
(BY SRI. A S PONNANNA, AAG FOR SMT. PRAMODHINI KISHAN, AGA FOR R1; SRI. N K RAMESH, ADVOCATE FOR R2 TO 4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION DATED 28.09.2018 ISSUED BY R-1 VIDE ANNEX-A; AND ETC.,
IN W.P. NOs. 46335-46523/2018:
BETWEEN:
DR SHARATH B RAJU S/O RAJU B AGED ABOUT 27 YEARS R/A NO.1528, 11TH MAIN ROAD VIJAYNAGAR, BANGALORE-560040
DR SHWETHA C D/O CHIKKANNA AGED ABOUT 28 YEARS R/A NO.367, DHARMALAYA NILAYA 3RD CROSS, GOKULA EXTENSION BADDIHALLI, 2ND STAGE KYAATSANDRA, TUMKUR-275104
DR CHILUKURI RAMYA SUDHA D/O C JOGINADHAM AGED ABOUT 27 YEARS R/A PL NO.289 NORTH, ST NO.8, KARTHIKEYA NAGAR NACHARAM, TELANGANA 500076
DR ANIL KUMAR TENNELLI S/O SIDDAPPA AGED ABOUT 26 YEARS R/A ANIL TENNELLI EWS-68, ADARSH NAGAR BIJAPUR-586103
DR SACHIN L S/O S LINGARAJU AGED ABOUT 28 YEARS R/A #250A, ANNANA NENAPU 3RD MAIN, 13TH CROSS KRISHNADEVARAYA ROAD HEMAVATHI NAGAR, HASSAN-573201
DR BABU DILIP S/O CHOWDAPPA AGED ABOUT 32 YEARS R/A B DILIP NILAYA VENKATESHWARA EXTENSION KOLAR DISTRICT SRINIVASPUR-563135
DR RAHUL H DAMODAR S/O HALASWAMY H DAMODAR AGED ABOUT 28 YEARS R/A #630/D, IST FLOOR KUVEMPU NAGARA, ANIKETHANA ROAD 6TH CROSS, MYSORE-570023
DR HADIYA NAUREEN D/O GULAM SAMDANI AGED ABOUT 29 YEARS R/A #3948, MF MANZIL 3RD MAIN, 5TH CROSS VINOBHANAGAR, TUMKUR-572101
DR KAVERI SINHA S/O PARAS NATH SINGH AGED ABOUT 29 YEARS R/A H.NO.3K/75 BARIATU HOUSING COLONY RANCHI, JHARKHAND-834009
DR KARAN DHAWAN S/O SUNIL DHAWAN AGED ABOUT 29 YEARS R/A 370 GULAB NAGAR CHOWK JAGADHRI, YAMUNANAGAR HARYANA-135001
DR AMITH A S/O ANAJNEYA S AGED ABOUT 31 YEARS R/A 370, GULAB NAGAR CHOWK JAGADHRI, YAMUNNAGAR HARYANA-135001
DR PRAKRUTHI K D D/O DHARANENDRA K C AGED ABOUT 29 YEARS R/A #522, VIVEKANANDA NAGAR MUDIGERE TALUK, CHICKMAGALUR, KALASA-577124
DR AMAL SHAREEF D/O MOHAMMED SHAREEF AGED ABOUT 28 YEARS R/A FLAT NO.1002, CONCORD APARTMENTS BEHIND SANJEEVINI MEDICALS FALNIR, MANGALORE-575002
DR MANJUSHREE R D/O R RANGASWAMY AGED ABOUT 30 YEARS R/A #73, 1ST MAIN, 8TH CROSS NEW BDA LAYOUT, AVALAHALLI BSK 3RD STAGE, BANGALORE-560085
DR SYED RAHAMATH ULLAH K S/O SYED KHAYYUM AGED ABOUT 29 YEARS R/A #7/189, 3RD CROSS BEHIND KEB, BASAVESHWARANAGAR CHAMARAJANAGAR DISTRICT KOLLEGAL-571440
DR MOHIL DUMASWALA S/O ASHOK DUMASWALA AGED ABOUT 29 YEARS R/A #23, SATKEWAL SOCIETY CITYLIGH ROAD, SURAT GUJARAT-395007
DR MAYANK PRATAP SINGH S/O AJAY PRATAP SINGH AGED ABOUT 28 YEARS R/A #77 OMKAR VATIKA COLONY SUBASH CHOWK, PADRAUNA KUSHINAGAR, UTTAR PRADESH-274304
DR MAHENDRASWAMY B HIREMATH S/O BASAVARAJ M HIREMATH AGED ABOUT 28 YEARS R/A SIDDHI VINAYAKA NILAYA BURA BURE LAYOUT, 4TH CROSS, PANCHAKSHARI NAGAR, GADAG-582101
DR SHILPA V D/O VENKATESHA AGED ABOUT 28 YEARS R/A DOOR NO.9, UGANAVADI POST DEVANMAHALLI TALUK BANGALORE RURAL-562110
DR POORNIMA P D/O PUTTARAJU AGED ABOUT 28 YEARS R/AT # 716,10TH CROSS, 80 FT MAIN ROAD, ITI LAYOUT, MALLATHAHALLI, NAGARBHAVI BANGALORE-560 056
DR ABHIJNA RAI K D/O DR K S RAI, AGED ABOUT 28 YEARS R/AT # 8-125/8, SOUBHAGYA HOUSE, DATTANAGAR,KULSHEKAR POST, MANGALORE-575 005
DR PALLAVI H S D/O SHIVALINGAIAH, AGED ABOUT 28 YEARS R/AT HULIVANA POST AND VILLAGE, MANDYA TALUK & DISTRICT-571 446
DR ZAINAB MEHAZEENA D/O SHAFI UZZAMA AGED ABOUT 27 YEARS R/AT H.NO.1-109, STATION BAZAR, GULBARGA-585 102
DR ANUPAM KUMAR S/O NANDLAL PRASAD, AGED ABOUT 28 YEARS R/AT J3,501, PROVIDENT WELWROTHCITY MARASANDRA, DODDABALLAPUR BANGALORE-561 203.
DR JESSICA LAL TLANSANGI HLAWNDO D/O H LALZIDINGA, AGED ABOUT 28 YEARS R/AT C/O H LALZIDINGA, V/B-83,SECTION-3,SEVENDAY TLANG VAIVAKAWN,AIZAWL, MIZORAM-796 009
DR MURTALI H S S/O SIDDARAJU S AGED ABOUT 29 YEARS RA/T NO.344, HSR AND RMS LAYOUT, SHAKTINAGAR, MYSORE, KARNATAKA-570 029
DR KOLLIVINYASA D/O KOLLI VENKATAKRISHNA RAO, AGED ABOUT 27 YEARS R/AT NO.4-33, SIVALAYAM STREET, VANUKURU, PENAMALURUMANDAL KRISHNA DISTRICT, ANDHRA PRADESH-521 151
DR DEEPTHI SHETTY D/O JAYARAM M SHETTY, AGED ABOUT 28 YEARS R/AT NO.SAGU HOUSE, MANI POST & AMP:VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA-574 253
DR VARUN B R S/O RENUKAPPA, AGED ABOUT 27 YEARS R/AT # 40/41, JAGAJYOTHINAGAR 4TH CROSS, MEI LAYOUT WEST, NAGASANDRA POST,BANGALORE-560 073
DR NISHANTH LAKSHMIKANTHA S/O LAKSHIMANTHA B R AGED ABOUT 28 YEARS R/AT NO.647, 4TH CROSS,3RD BLOCK, KORAMANGALA, BANGALORE-560 034
DR VINOD GOWDA K H S/O HANUME GOWDA, AGED ABOUT 28 YEARS R/AT NO.719, 6TH CROSS, 3RD BLOCK,HMT LAYOUT, NAGASANDRA CROSS, NELAGADARANAHALLI, BANGALORE-560073
MOHAMMED MANSOOR AHMED S/O MOHAMMED MUSHTAQ AHMED AGED ABOUT 28 YEARS R/AT NO.498, 7TH MAIN,ST BED, 4TH BLOCK, KORAMANGALA BANGALORE-560 034
DR. VIGNESHWAR M S/O SWAMY B M, AGED ABOUT 28 YEARS, R/AT # 24, OM SHAKTHI NILAYAM, 4TH CROSS, SUNRISE COLONY, CIL LAYOUT, BANGALORE-560032
DR ABHIRAMI P D/O P PANDI, AGED ABOUT 28 YEARS, R/AT GBJ, 455, 11TH CROSS ROAD, HAL QUARTERS, MARATHALLI, BANGALORE-560037
DR MAMATHA N D/O NARAYAN R, AGED ABOUT 28 YEARS, R/AT # 23, LALITHA KRUPA, 3RD CROSS, IST MAIN, MANGAMMANAPALYA, BANGALORE-560068
DR MRIDULA S SHETTY D/O SADANANDA SHETTY D, AGED ABOUT 28 YEARS, R/AT SADANAND, 2ND KALSANKA, GUNDIBAIL, KUNJIBETTU P.O, UDUPI-576102
DR RAMYA MANJUNATH NAIK D/O MANJUNATH NAIK, AGED ABOUT 27 YEARS, R/AT KUSUMALE, SANKRIWADA POST, KARWAR-581304
DR. LAKSHMI L W/O SRIKANTH K P, AGED ABOUT 27 YEARS, R/AT # 58, HIG-1, GROUP 2, KHB COLONY, HOOTAGALLY, MYSORE-570018
DR WAFY A RASHEED S/O E ABDUL RASHEED, AGED ABOUT 29 YEARS, R/AT AL ARQAM-NO.17, KAILAS GARDENS SREEKARIYAM P.O., TRIVANDRUM-695017
DR KAMLESH D/O TARACHAND, AGED ABOUT 29 YEARS, R/AT GOPALPURA PO, BAD MATHURA, UTTARPRADESH-281006
DR DURGA SIREESHA URITI D/O CHAKRAVARTHI URITI, AGED ABOUT 28 YEARS, R/AT DOOR NO.58-2-10. OPPOSITE RAMALAYA, MARIDAMMAPETA, JAGANNACKPUR, KAKINADA EAST GODAVARI DISTRICT, ANDHRA PRADESH-533002
NAVEEN KUMAR K S/O K T KRISHNA KUMAR, AGED ABOUT 27 YEARS, R/AT NEAR CHRIST SCHOOL, VIDYANAGAR, HASSAN-573202
DR SHIVAPRASADA T S/O B THIPPESWAMY S T, AGED ABOUT 28 YEARS, R/AT STREET # 10TH CROSS, KAATRIKEHALL, HOSALI-583218
DR NIDHIN K P S/O PABMANABHAN K, AGED ABOUT 29 YEARS, R/AT KARTHIKA HOUSE, NEAR GIRLS HIGH SCHOOL, PONNANLI MALAPPURAM, KERALA-679577
VELAGALA SWETHA VENKATA REDDY D/O V C VENKARA REDDY, AGED ABOUT 30 YEARS, R/AT 1-446/TF 9 MALLATI NIVAAS APARTMENT, UNDAVALLI, GUNTUR, ANDHRA PRADESH-522501
DR RUPESHKUMAR VIRBHADRA RAKHONDE S/O VIRBHADRA VENKATRAO RAKHONDE, AGED ABOUT 30 YEARS, R/AT BUNGLA NUMBER 2, GODAVERI LANE, RAJ PARK, VEDANT NAGAR, NANDED-431605
DR SANJEEV M N S/O NAGENDRAIAH SETTY M J, AGED ABOUT 31 YEARS, R/AT # 1578, IST FLOOR, IST CROSS, CHANDRA LAYOUT, BANGALORE-560040
DR ELIZABETH WILSON D/O WILSON KUNJU K, AGED ABOUT 28 YEARS, R/AT MOROTHU HOUSE STYLE VILLAS ROAD, KAKKANAD PD, KOCHI-682030
DR.POULOMI GHOSH D/O PRABIR GHOSH, AGED ABOUT 29 YEARS, R/AT FLAT NO.C 202. KOYLA VIHAR VASUNDHARA, MANDAL GANCHI, VIP ROAD, KOLKATA-700052
DR. APOORVA R P D/O PRAMOD RAICHURKAR, AGED ABOUT 27 YEARS, R/AT NO.5/B, SUBRAMANYA WARD NO.16, K.C.ROAD, BALLARI-58310
DR. AKSHATH VIJ S/O VIJAYKUMAR VIJ, AGED ABOUT 33 YEARS, R.AT D3, SHYAM COLONY, GULLY NO.4, UDAIPUR ROAD, BANSWARA-327001
DR. DHANOOP DHANANJAYAN S/O K V DHANANJAYAN, AGED ABOUT 31 YEARS, R/AT KRISHNAMBIKA BHAVAN, NEAR CHIRAKKAL RAILWAY GATE, VALAPATTANAM PO,. KANNUR-670010
DR SHAMHAVI KULKARNI W/O DR HARISH KULKARNI, AGED ABOUT 29 YEARS, R/AT # B-4, "BILIGIRI" BEA QUARTERS, ANJANEYA BADAVANE, 3RD CROSS, DAVANAGERE-577004
DR VINUTHA M B D/O M B BASAVARAJU, AGED ABOUT 27 YEARS, R/AT NO.3587, MALLESHWARAM NILAYA, NEAR KIRAN CONVENT, LAKSHMIPURAM, HASSAN-573201
DR GANESH BIBHISHAN DOLE S/O BIBHISHAN DOLE, AGED ABOUT 29 YEARS, R/AT BALABHIM COLONY, SWARAJYA NAGAR, BARSHEE ROAD BEED, MAHARASHTRA-431122
DR JYOTHY A D/O VIJAYAKUKMARAN NAIR V, AGED ABOUT 30 YEARS, R/AT AMBIKA NIVAS KOLIYACODE, INDUSTRIAL ESTATE PO, THIRUVANANTHAPURAM, KERALA-695019
DR BADANA YAMIN D/O B V CHALAMAYYA, AGED 29 YEARS, R/AT D.NO.37-10-71. NGGOS COLONY, NEAR MSM PUBLIC SCHOOL, MURALI NAGAR EAST, VISAKHAPATNAM (URBAN)-530007
DR VIDYA SASTRY D/O SASTRY, AGED ABOUT 27 YEARS, R/AT PLOT NO.5B, RADHEYSHYAM AVENUE, RAJAKILPAKKAM, CHENNAI-600073
DR PRATHAMESH PANCHAKSHARI S/O PANCHAKSHARI CHANDRAPATAN, AGED ABOUT 28 YEARS, R/AT SHRI OM CLINIC, STATION ROAD, A ONE CHOWK, AKKAL COURT, SOLAPUR DISTRICT, MAHARASHTRA-413216
DR SHRUTHI D/O MAHADEV M C, AGED ABOUT 27 YEARS, R/AT # 1139, 4/10TH CROSS, E AND F BLOCK, RAMAKRISHNA NAGAR, MYSORE-570022 KARNATAKA.
DR DHANYA K D/O KESHAV NAIK, AGED ABOUT 28 YEARS, R.AT # 1094/11, 8TH C CROSS, SANJEEVINI NAGAR, SHIVAKUMARSWAMY LAYOUT, 2ND STAGE, DAVANAGERE-577005
DR LAVANNYA W/O DR MAHESH KAKANALE, AGED ABOUT 28 YEARS, R/AT DEVI KRUPA, H NO.9-5-719, OLD ADARSH COLONY, BIDAR-585403
DR SUPRIYA RAO R D/O RAVINDRAN V, AGED ABOUT 28 YEARS, R/AT FLAT NO.306, NOVES SQUARE DEVIN PARADISE ENCLAVE, CHOKKANAHALLI, THANISANDRA MAIN ROAD, BENGALURU-560064
DR MANJUNATH BARKER S/O ISHWARAPPA BARKER, AGED ABOUT 31 YEARS, R/AT HOUSE NO.1043, BASAVA NILAYA, SIDDHARUDA NAGAR, ADARAGUNCHI, HUBLI DHARWAD DISTRICT-58002
DR VIDYASHREE K M D/O K M BASAVARAJA, AGED ABOUT 27 YEARS, R/AT NO.54/B, SHRI MARULA SIDDESHWARA, SIRUGUPPA ROAD, BHUVANAGIRI, BELLARY-583001
DR SHEETAL PANDIT VANJERI D/O PANDIT ANANT VANJERI, AGED ABOUT 35 YEARS, R/AT A/8, KANWAL APT, 4 BUNGALOWS, ANDHERI WEST, MUMBAI-400053
DR NAGARAJ M UMACHAGI S/O M C UMACHAGI, AGED ABOUT 28 YEARS, R/AT NO.190/A, BELGAUM GALLI, HUBLI-580028
R DIVYA A D/O ANANTH G S, AGED ABOUT 29 YEARS, R/AT NO.467, MODAKA NILAYA, NEAR MUNESHWARA TEMPLE, SAHAKARNAGARA POST, AMRUTHAHALLI, BANGALORE-560092.
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DR ROHITRAJ S S/O SOMANNA B, AGED ABOUT 30 YEARS, R/AT DOOR NO.2175, 2ND MAIN, 3RD CROSS, ASHOKAPURAM, MYSORE-570008
DR VASANTHAM VYSHNAVI D/O V D VENKATESU, AGED ABOUT 28 YEARS, R/AT FLAT NO.401, 4TH FLOOR, SAVITHRI ELITE APARTMENT, JAWAHAR NAGAR, RAICHUR-584102
DR ABHISHEK M S S/O SUBHARAMANYA A, AGED ABOUT 27 YEARS, R/AT SKANDA NILAYA, KAGODU THIMMAPPA RANGAMADIRA, SOORANA GADDE ROAD, SAGAR-577401
DR ROSHNA RAJ V R D/O V RAJAN, AGED ABOUT 29 YEARS, R/AT GOKULAM HOUSE, AMBALATHUKULAMKARE, CHELLANUR, KOZHIKODE-673616
DR VENKATARAMANA MADHAVRAO WADGAVE S/O MADHAVRAO WADGAVE, AGED ABOUT 29 YEARS, R/AT GOVIND NIVAS, NALEGAO ROAD, MALKAPUR TALUK, UDGIR DISTRICT-LATUR, MAHARASHTRA PIN-413517
DR GURURAJ GALAGALI S/O DR CHANDRASHEKAR GALAGALI, AGED ABOUT 28 YEARS, R/AT HOUSE NO.01, RAKKASAGI TQ, UMUDDEBIHAL DIST BIJAPUR-586129
DR ASWATHY CHANDRAN D/O M R CHANDRAN PILLAI, AGED ABOUT 29 YEARS, R/AT VYSAKHAM HOUSE, RAMAKODAM LANE, PERUMBHOTTA ROAD, ELAMAKKARA, ERNAKULAM, KERALA-682026
DR BHARATH KIRAN P S/O A PRABHAKARAN, AGED ABOUTG 36 YEARS, R/AT # 918, PIPELINE ROAD EXTENSION, ROBERTSON PET, KGF-563122
DR A E CHANDAN S/O A C ERANNA, AGED ABOUT 28 YEARS RESIDING AT NO 41, POLICE COLONY HOYSALANAGAR HASSAN - 573201
DR ABHISHEK KUMAR S/O RAMESH THAKUR AGED ABOUT 30 YEARS RESIDING AT NO ROOM NO 306, HOUSE NO 93 RAJPAL K I GALI NEAR BADA GURUDWARA, GAUTAM NAGAR NEW DELHI - 110049
DR PREETHA F NAYAKA D/O FAKIRAPPA NAYAKAR AGED ABOUT 28 YEARS RESIDING AT NO 51/192 RENUKA NILAYA SHIVANAND NAGAR GADAG - 582103
DR SUMAYYA TABASSUM W/O DR AFTAB AHMED MALDAR AGED ABOUT 27 YEARS RESIDING AT MAHABOOB MANZIL SECOND CROSS, LEFT SIDE TIPPU NAGAR, SHIMOGA - 577201
DR ARPITHA R D/O RAMESH AGED ABOUT 26 YEARS RESIDING AT # 1-61E, NEAR KALIKAMBHA BHAJANA MANDIR PUTTUR LAKSHMINAGAR ROAD LINGOTIGUDDE SANTHEKATTE POST, UDUPI TQ AND DT - 576105
DR BHANU PRAKASH S/O JAYARAMEGOWDA K H AGED ABOUT 27 YEARS RESIDING AT # 46, 7TH CROSS, KRISHNAPPA BLOCK, BELAWADI MYSORE - 18
DR SUNIL KUMAR SANGANAL S/O S N SANGANAL AGED ABOUT 28 YEARS RESIDING AT # 596/C/I WARD NO 10, SANGANALAR ONI, AT POST NARAGAL TALUK GANJENDRAGADA DISTRICT GADAG - 582119
DR VARSHA LAKSHMAN D/O LAKSHMAN AGED ABOUT 28 YEARS RESIDING AT # 181, 4TH MAIN, 4TH CROSS, NRUPATHUNGA NAGAR KOTHANUR MAIN ROAD, J P NAGAR , 7TH PHASE, BANGALORE - 76
DR NIKITA WAMAN RAO JAMBEKAR D/O WAMANRAO B JAMBEKAR AGED ABOUT 26 YEARS RESIDING AT NO 10-507, BRAHMPUR LOWER LANE, GULBARGA - 585103
DR AVINASH LAKHA S/O ANGARAJ LAKHA AGED ABOUT 30 YEARS RESIDING AT HOUSE NO 2-188 NEAR EK KAMAN MASJID JAGATH GULBARGA - 585101
DR SYAMPRASAD AGE: 30 YEARS S/O RAJENDRA PRASAD RESIDING AT PRASHANTHI AMPAZHAVAYAL PERINAD P O KOLLAM KERALA- 691601
DR ANUSHA SM AGE 28 YEARS D/O S M SRINIVASMURTHY RESIDING ATNO 6, 2ND FLOOR, WEAVERS COLONY, GANGANAGAR BANGALORE - - 560032
DR SHILPA S REDDY D/O SHIVARAMA REDDY AGED 28 YEARS 10 PHASE 2 LIBERTY ACRES GOLDEN HOMES 2 ATTIBELE SARJAPUR ROAD, BANGALORE - 562107
DR SHANKAR K AGE: 28 YEARS S/O KANATHARAJU P RESIDING AT NO 210, 7TH CROSS KENCHENAHALLI, NEAR RAJARAJESHWARI TEMPLE, BANGALORE - 560098
DR KUMARI KHUSHBOO AGE: 30 D/O A K PRASAD RESIDING AT PRASAD ROADLINES KISHORE GANJ RANCII - 834001
DR ANSARI S AGE 30 YEARS S/O SULAIMAN RESIDING AT VADAKKETHAVILA PUTHENVEEDU NEDUMPANA POST, KOLLAM KERALA - 691576
DR PONNILAVAN AGE : 28 YEARS S/O V JAYAKANTAN RESIDING AT NO 70/3, DR AMBEDKAR NAGAR, BANGALORE ROAD, MAKKAN VELLORE TAMIL NADU - 632004
DR KARTHIK GOPINATH S/O DR GOPINATH K V AGED 27 YEARS 21, 6TH CROSS, VASANTHNAGAR BANGALORE - 560052
DR PRAVEEN S MALI S/O SR MALI AGED 28 YEARS PLOT NO 4447/D, SHIVAM BUILDING OLD INCOME TAX OFFICE ROAD VIDYANAGAR, HUBLI- 580021
DR UMESH K S/O JAYARAM K V AGED 28 YEARS SRINAGALAKSHMI NILAYA B M ROAD, KAMALAPURA PIRIYAPATNA MYSORE - 571107
DR DAVID MATHEW THOMAS S/O THOMAS AGED 28 YEARS GRACE COTTAGE MARIATHURUTHU P O THIRUVATTA KOTTAYAM KERALA - 686027
DR DIVYA SHARMA KR W/O HEMANTH V AGED ABOUT 28 YEARS R/AT NO 782, 5TH BLOCK NEAR R V COLLEGE OF ARCHITECTURE THALAGHATTAPURA POST, BANASHANKARI 6TH STAGE BANGALORE - 560109
DR SUMANTH BILLE S/O ATHMA JN AGED 28 YEARS 26/23, 2ND MAIN, KGS LAYOUT, VIJAYNAGAR, BANGALORE-560 040.
DR SAHANA S KARANTH D/O SHASHIDARA A V AGED 28 YEARS NO 69, KAVERI NILAYA GANDHI BAZAR BANGALORE - 560004
DR ARUNA M S D/O SEVYA NAIK AGED 28 YEARS D NO 90, KRISHNA KRUPA 1ST BLOCK, 5TH MAIN, KUVEMPU NAGAR TUMAKURU - 572102
DR ASHWINI B S D/O DR B N SHIVARAM AGED ABOUT 29 YEARS R/AT NO 28, SAI NILAYA NEAR PADMA CHITHRAMANDIRA AMRUTHAHALLI BANGALORE - 92
DR SHUBHA VISHNU HEGDE D/O VISHNU GANAPATHI HEGDE AGED 27 YEARS BELLIMANE POST KHARWA HONNAVAR TALUK UTTARA KANNADA - 58136
DR NIKITA K JAIN D/O KAILASH CHAND JAIN AGED 26 YEARS ASHIRWAD NO 4-5 WEST LINK ROAD, 3RD CROSS, MALLESHWARAM BANGALORE - 560003
DR SNEHA PRIYA PRABHAKAR D/O MITHAIAH PRABHARKAR AGED 28 YEARS NO 59 KAMAL PANDURANGANAGAR OPP HDFC AREKERE BANNERGHATTA ROAD, BANGALORE - 560007
DR ANGEL CHAM PHILIP D/O P M PHILIPOSE AGED 29 YEARS MALATHARAYIL HOUSE, MANARCAUD P O KOTTAYAM KERALA- 696019
DR RENUKA M D/O MUNIKRISHNAPPA AGED 30 YEARS 600 SAMBHAIAH LANE, KONENAGARAHARA VIMANAPURA BANGALORE - 560017
DR DEEPTHI P D/O PADMANABHAN K P AGED 28 YEARS 16, PRAGATHI GURURAJA LAYOUT, DODDANEKUNDI, MARTHAHALLI BANGALORE - 560037
DR MADALSA NAIK D/O SUNIL MALIK AGED 30 YEARS NO 33, 3RD FLOOR, SOUTH EX PART 1 DELHI - 110049
DR GIRISH K N S/O NARASIMHA K C AGED 28 YEARS 1/1133 LAKSHMI NILAYA SIDDESHWARA NAGAR YELLAPUR TUMKUR - 572106
DR MOHAMMED YAQUB PASHA AGED ABOUT 28 YEARS S/O MOHAMED KALEEMULLA RESIDING AT NO 20/2 KALEEM MANZIL COCONUT GARDEN 3RD CROSS HALL ROAD, EXTENSION FRAZER TOWN BANGALORE - 560005
DR SHEETAL DEVARU D/O GIRIDHAR DEVARU AGED 29 YEARS NO 1-1119 UDAYA NAGAR STATION ROAD, RAICHUR - 584101
DR SOWMYASHREE N D/O NARAYANA SWAMYU C M AGED ABOUT 27 YEARS CHOLLAGATTA MADDERI POST KOLAR TALUK KOLAR - 563101
DR SPOORTHY SAGAR Q/O DR ADITHYA S AGED 28 YEARS R/AT 1309, 21B MAIN ROAD, 11TH CROSS, HSR LAYOUT SECTOR-1 BENGALURU-560102
DR MOHAMED TANVEER AHMED AGED ABOUT 32 YEARS S/O MS DELVI, RESIDING AT NO.19/9, JANNU SAHEB STREET, BESIDE BUS STAND, NELAMANGALA, BANGALORE RURAL-562123
DR SHWETHA R
AGED ABOUT 30 YEARS D/O RAMAKRISHNAPPA R RESIDING AT 2ND CROSS, TELECOM LAYOUT, BYDARAHALLI, BANGALORE-560091
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DR AYSHA AZMIDAH
AGED 27 YEARS D/O AR BASHEER, RESIDING AT DOOR NO.10-24/1038 SUFI MASTER HOUSE, JM ROAD, BUNDER, MANGALORE-575001
DR DEVAPRASHANTH M
AGED 29 YEARS S/O MOHAN KUMAR C M RESIDING AT NO.3220, SHIVAKRUPA, FLAT NO.301, VHBC LAYOUT, GIRINAGAR, 4TH PHASE, BANGALORE-85
DR DEEPA R
AGED ABOUT 28 YEARS D/O RUDRAMURTHY K C R/AT NO.16, 1ST CROSS, 3RD MAIN ROAD, SHANKAR NAGAR, MAHALAKSHMI LAYOUT, BANGALORE-96
DR NAVYASHREE
AGED 28 YEARS D/O SRINIVAS, RESIDING AT NO.8, 2ND MAIN, 3RD CROSS, BAHUBALI NAGAR, JALAHALLI, BANGALORE-13
DR NISHMITA R
AGED 28 YEARS D/O RAMAKRISHNA, R/AT NO.58, NASERA REVENUE COLONY, RANI CHENAMMA NAGAR, DHARWAD-580 001
DR VINITA K ANIRUDHAN
AGED 29 YEARS D/O K ANIRUDHAN VINEESH BHAVAN, PERUMPUZHA P.O, KOLLAM KERALA-61504
DR HASHMAT KHANUM B N AGED 29 YEARS NOORULLA KHAN RESIDING AT NO.18/20, 1ST FLOOR, 4TH CROSS, 9TH MAIN, BTM 1ST STAGE, BANGALORE-29
DR M PREMA D/O R MUTHUSWAMY, AGED ABOUT 27 YEARS R/AT NO.2/587/1 NALLETHU THOTTAM, VEERAPANDI, TIRUPUR-641605, TAMILNADU
DR ASHWINI DANDE D/O VEERENDERA DANDE, AGED ABOUT 28 YEARS R/AT NO.H.NO.18-2-415 RAMNAGAR COLONY, NEAR K.V.SCHOOL, CHIDRI ROAD, BIDAR-585403
DR GEETA RATHOD D/O SOMASHEKHAR RATHOD AGED ABOUT 28 YEARS R/AT C/O DR SANJEEV RATHOD PLOT NO.85, SUNCITY PHASE 2 GATE RING ROAD VIJAYAPURA-586101 KARNATAKA
DR REKHA VIJAYAN D/O VIJAYAMOHAN AGED ABOUT 30 YEARS R/AT MEENA BHAVAN, NEDUMKANDAM PO NEDUMKANDAM, IDUKKI-685553 KERALA
DR TINTU SUSAN JOY S/O I.V.JOY, AGED ABOUT 29 YEARS R/AT ITTANTHOTTIL HOUSE, MULANTHURUTHY P.O, PALLITHAZHAM, ERNAKULAM, KERALA-682314
DR SONIA RAGHUKUMAR D/O RAGHUKUMAR, R/AT B.M.S. FARM AND NURSERTY, 13TH KM MYSORE ROAD, BANGALORE-59
DR SUMANGALA V D/O VENKATESHAPPA S MR AGED ABOUT 29 YEARS R/AT SHIGEHALLI, YELDHUR POST, SRINIVASAPUR TALUK, KOLAR-563138
DR PRATHIBHA S D/O SHIVESHI R AGED ABOUT 28 YEARS RESIDING AT NO.32, SAIKRUPA MOUNTAIN STREET JAYANAGAR 1ST BLOCK, BANGALORE-560011
DR JYOTHI D B D/O BASAVARAJ H AGED ABOUT 28 YEARS R/AT H NO 290/B WARD NO 17, SINDAGI COMPOUND NEAR RAGHAVENDRA TALKIES ROAD, BELLARY, KARNATAKA-583101
DR LINGRAJ PATIL S/O RAMESH PATIL AGED ABOUT 28 YEARS R/AT SARAF BAZAR GULBARGA -585101
DR VINOD BABU B AGED ABOUT 28 YEARS S/O BALRAM P RESIDING AT NO.3, 7TH MAIN ROAD , VASANTHNAGAR, BANGALORE-52
DR THOMAS JOHN
AGED 29 YEARS S/O KM JOHN RESIDING AT VELLAPALLIL ENAMPALLI PO KOTTAYAM KERALA 686503
DR BRAHMA SHUKLA S/O VIDHUSHANKAR SHUKLA RESIDING AT 72A, DHARBHANGA COLONY ALLAHABAD, 211002, UTTAR PRADESH
DR ANANYA KAVILAPURAPU AGED ABOUT 27 YEARS D/O K SUBRAMNAYAM RESIDING AT NO.195, SUBRAMACHETTY ROAD, BASAVANGUDI BANGALORE-560004
DR ROOHI SULTHANA AGED ABOUT 28 YEARS D/O MH SHAFI RESIDING AT NO 59A, GANDHU CHOWK JUMA MOSQUE, COWL BAZAAR, BELLARY 583102
DR SASMIT DEEPAK LOTLIKER AGED ABOUT 30 YEARS S/O DEEPAK C LOTLIKER RESIDING AT JP ANDRARE RESIDENCY ROW VILLA NO 2, ST JOQUIM ROAD, BORDA, MARGOA, GOA-403602
DR SOWMYA TR AGED ABOUT 28 YEARS D/O TS RAVIKUMAR RESIDING AT NO.10/75, SRINIVASA 2ND A CROSS, HOSAKERE HALLI, BANASHANKARI, 3RD STAGE BANGALORE-550085
DR RAJENDRA PRASAD H AGED 28 YEARS S/O HONNAIAH BA RESIDING AT 386/16, 14TH CROSS WILSON GARDEN, BANGALORE-560030
DR NIDHI SINGH
AGED 28 YEARS D/O RAMASHANKAR SINGH RESIDING AT NO.201,GALLI NO 13, MEETHAPUR, EXTENSION PART 3, BADARPUR, NEW DELHI 110004
DR SINDHU PRABHAKAR AGED ABOUT 27 YEARS D/O HM PRABHAKAR RESIDING AT DOOR NO.187, CJV DAS ROAD, PADMANABHNAGAR, BANASHANKARI SECOND STAGE BANGALORE-70
DR RAMYSHREE MH AGED 27 YEARS D/O HANUMANTHA RAYA MD RESIDING AT MANUVINAKURIKE, DASALKUNTE POST CN DURGA HOBLI, KORATAGERE TALUK TUMKUR 572138
DR SHRUTHI MN D/O NAGABHUSHAN MP AGED 28 YEARS 19, JAYAKRISHNA, 1ST MAIN, SBM EMPLOYEES HOUSING COOPERATIVE SOCEITY LIMITED, BANGALORE-560050
DR SUCHITRA SRIDHAR D/O N SRIDHAR AGED 28 YEARS 3032, PRESTIGE SOUTHRIDGE APARTMENTS HOSAKEREHALLI, BANASHANKARI, 3RD STAGE BANGALORE-560085
DR. MEGHA A AGED 26 YEARS D/O. ANAND V, R/AT NO. 31B STREET, EAST LINK ROAD,MALLESHWARAM, BANGALORE 03
DR. KAVYASHREE PATIL
AGED 27 YEARS D/O. NINGANAGOUDA, R/AT PLOT NO. 39, KOTHAMBARI LAYOUT, SHAKTI NAGAR, GULBARGA 585102
DR. NISARGA T J AGED 26 YEARS W/O. MOHAN B, R/AT NO. 56, 1ST CROSS, SECOND STAGE, NIVEDITHA NAGAR, MYSORE 570022
DR. DEEPTHI APANNA D/O. H N APPANNA, AGED 28 YEARS NO. 531, 3RD MAIN, SUBRAMANAYPURA POST, AGS LAYOUT, BANGALORE 560061
DR. ANIL KUMAR S/O. GIRIDHAR KAMBLE, AGED ABOUT 27 YEARS R/AT HOUSE NO. 8-79, NEAR JEEVVESHWAR SCHOOL, SHAHAPUR,DIST - YADGIR, KARNATAKA 585223
DR. R PRABHU VIKASH S/O. RAVICHANDRAN, AGED 27 YEARS 447, MANIAM VELAPPAN STREET, KK PUDUR, COIMBATORE 640 138
DR. VIDHYA P S D/O. SINNA DURAI P, AGED 28 YEARS, 24, GANAPATHI NAGAR, LAKSHMIPURAM, KOLATHUR, CHENNAI 600099
DR. KAVYARANI C D/O. CHANDRU B K, AGED 28 YEARS 928/2, WARD NO. 7, TAPCMS QTRS ROAD, PERIYAPATNA, MYSURU 571101
DR. PAVAN KUMAR K S/O. KALAIAH N, AGED 28 YEARS DOOR NO. 396, 3RD CROSS, 7TH MAIN, H BLOCK, RAMAKRISHNA NAGAR, MYSURU 570022
DR. BOOBATHI RAJA S/O. GOPAL R, AGED 27 YEARS NO. 7, RR GARDENS, KAVUNDAMPALAYAM ROAD, EDAYARPALAYAM, COIMBATORE 641025
DR. SHANMUGAPRIYA D D/O. DURAISAMY K, AGED 28 YEARS NO. 15/5,M PAPPAMPATTI, VAGARAYAMPALAYA, COIMBATORE 641 659
DR. KAUSHAL B S/O. DR. B KRISHNAMURTHY, AGED 27 YEARS NO. 288, 12 B CROSS, 2ND STAGE WEST OF CHORD ROAD, MAHALAKSHMIPURA, BANGALORE 560086
DR. RANGANATHA S C S/O. LATE. CHANDRAPPA T H, AGED ABOUT 30 YEARS R./AT NO. 1727/8, SRI. RANGANATHA NILAYA, 3RD MAIN, SRINIVASA NAGARA, NITTUVALLI, DAVANAGERE 577 004
DR. ANKITHA A D/O. ANJANKUMAR, AGED 28 YEARS R/AT HOUSE NO. 4, 4TH CROSS, SHABARINAGAR, BYATARAYANAPURA, BANGALORE 560092
DR. NEHA TIWARI D/O. S K TIWARI, AGED 28 YEARS R/AT NO. 118, SWATICHOUDESHWARI APARTMENT, SANJAYNAGAR, AECS LAYOUT, BANGALORE 560094
DR. FATHIMA ISMATH D/O. ISMAIL V K, AGED 28 YEARS FATHIMA MANZIL, POST KAMBALABETTU, VITTAL MUDNOOR, BANTWAL TALUK, D.K 574 243
DR INDIRA RATH D/O SP RATH, AGED 28 YEARS 710 JHARPADA, BHUBHANESWAR, ODISHA 7510006.
DR NAGARAJUN BR S/O B K RAM MOHAN, AGED ABOUT 28 YEARS, NO.171, NALAPET MAIN ROAD, BANGALORE-560053.
DR BANDA RAVI TEJA S/O BANDA VENATESWRA RAO, AGED 28 YEARS, 1-111/4/A, SARADA HIGH SCHOOL, KONDAPUR, HYDERABAD-500084.
DR RADHA D/O MALLANNA BHAVIKATTI, PLOT NO.27, NEAR LAXMI TEMPLE, SWASRIK NAGAR, SEDAM ROAD, GULBARGA 585105.
DR SUJITH KUMAR S S/O SHIVASAWAMY M, AGED ABOUT 28 YEARS, 1559, C AND D BLOCK 13TH CROSS ANIKETHANA ROAD, KUVEMPUNAGAR, MYSORE-570023.
DR RAMYA D N W/O CHANDAN K R, AGED ABOUT 30 YEARS, R/AT NO.324, 1ST CROSS, G BLOCK, RAMAKRISHNA NAGAR, MYSORE-570 002.
DR SRINIDHI T D/O. THIMMAPPA DP, AGED ABOUT 31 YEARS R/AT 91, 2ND MAIN 4TH CROSS, WIDIA LAYOUT, VIJAY NAGARA, BANGALORE-560040
DR PRASANNA KUMAR S/O.PRALHAD R, AGED ABOUT 29 YEARS, R/AT NO.3-4-21, DADGIBASE BHALKI DISTRICT, BIDAR-585328.
DR KRISHNA SAGAR S R S/O RAMESH BABU S L, AGED ABOUT 29 YEARS R/T SEENAPPA LINE, MAIN BAZAR HINDUPUR-515201.
DR SWETHA RAJSHEKAR LAKSHETTY D/O RAJSHEKAHAR LAKSHETTY, AGED ABOUT 30 YEARS, R/AT NO.72, OPPOSITE WATER TANK, VISHVESHWARAYYA NAGAR, SEDAM ROAD, GULBARGA-585105.
DR K ARAVIND KUMAR S/O KRISHNA NAIK N, AGED ABOUT 31 YEARS R/AT SARASWATHIPURAM, MANJUNATH NILAYA, CHITRADURGA. W.P.NO.46502/2018 W.P.NO.46503/2018 *Page No.43 is retyped and replaced vide chamber order dated 27.03.2023.
DR KAVITHA M D/O.M.VENKATESH, AGED ABOUT 27 YEARS R/AT OPP SRMT, VIJAYALAKSHMI AGRO UPSTAIRS, BESIDE APNA BAZAR, SIDDHANUR, RAICHUR DISTRICT.
DR SHASHIKALA R S/O RAMAKRISHNA G, AGED ABOUT 30 YEARS R/T VENKATAGIRI, TEACHERS COLONY, PIPELINE ROAD, VIJAYANAGAR, BELGAUM 591108.
DR AKSHTHA H S D/O.H.K.SRINVIASA, AGED ABOUT 27 YEARS R/AT 1236, 3RD CROSS, PADUVANA ROAD, SWTK LAYOUT, MYSORE-23.
DR D PRAKRUTHI D/O D.S.P. REDDY, RESIDING AT NO.2780, 18TH A MAIN, HAL 2ND STAGE, BANGALORE-560008.
DR H J NIRDESH S/O H C JAGADEESH, AGED ABOUT 28 YEARS R/ATNO.238, BHAGYASHRI NILAYA, 5TH MAIN, 9TH CROSS, MSR NAGAR, BANGALORE-560054.
DR ABHISHEK S S/O SATYANARAYANA S AGED ABOUT 29 YEARS R/AT #33, ANNIPURA MAIN ROAD SUDHAMANAGAR BANGALORE-506 027
DR ADITI K D/O K H KUMAR AGED ABOUT 29 YEARS R/AT NO.507,11TH CROSS 2ND STAGE, WOCR MAHALAKSHMUPURAM BANGALORE-560 086 W.P.NO.46510/2018 W.P.NO.46511/2018 *Page No.44 is retyped and replaced vide chamber order dated 27.03.2023.
DR MADHUSUDAN SHETTEPPA KHOMPI S/O SHETTEPPA N KHOMPI AGED ABOUT 28 YEARS R/AT NO.302, GANGOTHRI NEHARU GALLI, BELGAUM-591124
DR VINAYAKUMAR JOGONDRA S/O RAVEENDRA AGED ABOUT 29 YEARS R/AT NO.#88/K, PLOT NO.23 D C OFFICE ROAD, IJARILAKMAPUR BANASHANKARI COLONY, HAVERI-581110 KARNATAKA
DR GOWTHAMI P S/O P RANGA REDDY AGED ABOUT 27 YEARS R/AT NO.4TH CROSS, VIVEKANANDANAGARA T NARASIPURA, MYSURU-571124
DR MANJUNATHA S B S/O BEERAIAH AGED ABOUT 28 YEARS R/AT NO.S M PALYA, HULIYAR C N HALLI, TUMKUR, KARNATAKA-572218
DR SWETHA O N D/O ONKARAPPA N P AGEDA BOUT 29 YEARS R/AT 704, MULLER NEST FATHER MULLER DOCTORS QUARTERS JAPPU, KANKANADY MANGALORE-575002
DR KONDA MITHUNESHWAR REDDY S/O K PRABHAKAR REDDY AGED ABOUT 29 YEARS R/AT NO.8-3-224/P/F-77 GROUND FLOOR 108, PRASHANTH TOWERS MADHURA NAGAR, YOUSAFGUDA, HYDERABAD, TELANGANA-500038
DR SATHISH A S/O ARJUNAN N AGED ABOUT 29 YEARS R/AT PLOT NO.31, RAJA NAGAR MEDAAKKAM,CHENNAI-100
DR TEJASHREE M D/O B N MANJUNATH AGED ABOUT 28 YEARS RESIDING AT NO.17 BETTADASANAPURA BEGUR POST BANGALORE-560 068
DR MARUTESH M S/O MALAPPA AGED ABOUT 29 YEARS RESIDING AT NO.1347/1 MARUTHI NILAYA VIDYANAGAR, TIPTUR TUMKUR-572 202 ... PETITIONERS (BY SRI. VIKRAM G, ADVOCATE)
AND:
STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKASA SOUDHA BANGALORE-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF MEDICAL EDUCATION MULTI STOREYED BUILDING BANGALORE-560 001 REPRESENTED BY ITS SECRETARY
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES KARNATAKA 4TH T BLOCK, JAYANAGAR BANGALORE-560 041 REPRESENTED BY ITS REGISTRAR ... RESPONDENTS
(BY SRI. A S PONNANNA,AAG FOR SMT. PRAMODHINI KISHAN, AGA FOR R1 &2; SRI. N K RAMESH, ADVOCATE FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 28.09.2018 AT ANNEXURE-A, ISSUED BY THE RESPONDENT NO.2.
IN W.P. NOs. 47256 – 47276/2018:
BETWEEN:
DR PRESTEENA MATHEW D/O K J MATHEW AGED ABOUT 28 YEARS, RESIDING AT HOUSE NO.39 THANAL, ST JOHNSNAGAR 2 KONTHURUTHY THEVARA PO KOCHI KERALA-68
DR MOHAMEMD ZAKRIYA S/O ABDUL RAHMAN AGED ABOUT 27 YEARS, RESIDING AT NO.210/5 JABBAR BUILDING, GAYATHRI TEMPLE STREET YESHWANTHPUR BENGALURU-560022
DR TAPASYA S KINI D/O SURESH KINI AGED ABOUT 28 YEARS, RESIDING AT NO.46 SUMUKA, 2ND MAIN, 2ND CROSS GKVK NAGAR, GKVK POST, BANGALORE-560065
DR VIVEK M P S/O K G PADMAKUMAR AGED ABOUT 30 YEARS, SOPANAK PADA NORTH KARUNAGAPALLY KOLLAM KERALA-690518
DR POOJA PRASAD D/O VENKATESH PRASAD AGED ABOUT 28 YEARS, RESIDING AT NO.74, NHCS LAYOUT, 3RD MAIN, 8TH CROSS, BENAKA CLUSTERS, PRASHANTH NAGAR BENGALURU-560079
DR TAMIL VANI D/O P DAKSHINA MOORTHY AGED ABOUT 28 YEARS, RESIDING AT NO.10 DR KALAINZAR NAGAR, KOVILPATHGAI, S M NAGAR POST, AVADI CHENNAI-600062
DR VIJAY KUMAR P (MD PAEDIATRICS VYDEHI MEDICAL COLLEGE) S/O PANCHAKSHARI D AGED ABOUT 29 YEARS, RESIDING AT NO.158, CHIKKAHALLY POST, TALAAY FIRKA SATHYAMANGALAM TALUK ERODE DISTRICT TAMIL NADU-6384641
DR POOJA B WAGGANAVAR (MS OPHTHAMMOLOGY VYDEHI MEDICAL COLLEGE) D/O B M WAGGANAVAR AGED ABOUT 28 YEARS, RESIDING AT NEAR KEB GRID RAIBAG ROAD AT POST KABBUR CHIKODI TALUK, DISTRICT BELGAUM KARNATAKA-591222
DR KRISHAN KANTHA M A (MS GENERAL SURGERY JMMC) S/O M K ANAHTANATHAN AGED ABOUT 29 YEARS, RESIDINGA T KORLAMBAM HOUSE NEAR SBT SULTHAN BHATHERY WAYANAD DISTRICT KERALA-673592
DR SANTHOSH C K (DA MVJMC & RH) S/O CHANDRA KUAMR V KAMBLE AGED ABOUT 33 YEARS, RESIDING AT NO.8B 17TH WARD RAGHAVENDRA COLONY 1ST STAGE, PATEL NAGAR, BELLARY-583103
DR SANTHOSHI MAHADEV NAIK D/O MAHADEVINAIK AGED ABOUT 28 YEARS RESIDING AT MATADHKERI KODKAN KUMTA-581439
SWHETA B SAANTRE D/O BHIMAPA SAANTRE AGED ABOUT 28 YEARS, RESIDING AT NOI.2003/B, SWANT COLONY AKOL ROAD, NIPPANI-591237
DR PAVITRA PUSHPA D/O HANUMANTHRAYA AGED ABOUT 28 YEARS, RESIDING AT NIO.103, 5 RTPS COLONY SHAKTINAGAR, TQ DISTRICT RAICHUR-584170
PALALVI R GANGATKAR D/O RAMU AGED ABOUT 28 YEARS, RESIDING AT NO.202/12 7TH MAIN, 7C CROSS, P C LAYOUT, VIJAYANAGAR BENGALURU-40
DR NAVYA C D/O CHANNABASAPPA M U AGED ABOUT 27 YEARS RESIDING AT NOI.03 BASAVA KURPA, BEHIND POST CHANNAGIRI, DAVANAGERE-577213
DR SHILPA I N D/O N E ITTIGE AGED ABOUT 28 YEARS, RESIDING AT NO.2712 2ND MAIN, 2ND CROSS MCC B BLOCK DAVANAGERE-577004
DR SINDHU P MADANSHETTY W/O SANTHOSH S AGED ABOUT 28 YEARS, RESIDING AT FLAT NO.319 VAASTU GREENS APARTMENT KODIPALYA ROAD SUNKANPALYA KENGERI BENGALURU-560060
ROSHAN S/O KB SHIVARAMU AGED ABOUT 28 YEARS, RESIDING AT T HOSAHALLI TARIKERE POST KUNIGAL TALUK TUMKUR DISTRICT-572130
DR ANIL KUMAR K S/O KEHHAIAH AGED ABOUT 28 YEHARS, RESIDING AT NO.71, WARD 17 SLUMBOARD, BEHIND GREEN WOOD SCHOOL HOLLENARAIPURA TALUK HASSAN-573211
SHEELA M S D/O SHEKARAPPA S AGED ABOUT 27 YEARS, RESIDING AT NO.232, MUNIBYRAPPA LAYOUT NEAR KRISHNA TEMPLE DODDABOMMASANDRA VIDYARANYAPURA POST BANGALORE-560097
DR NITHIN S U S/O S UGRAIAH AGED ABOUT 27 YEARS, RESIDING AT NOI.7, NIKUNJ 5TH CROSS, VIVEKANANDA ROAD BENDRENAGAR, B S K 2ND STAGE BENGALURU-560070 ... PETITIONERS (BY SRI. K V RAMESH KUMAR, ADVOCATE )
AND:
STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKASA SOUDHA, BANGALORE-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF MEDICAL EDUCATION MULTI - STOREYED BUILDING, BANGALORE-560 001 REPRESENTED BY ITS SECRETARY
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES KARNATAKA 4TH T BLOCK, JAYANAGAR BANGALORE-560 041 REPRESENTED BY ITS REGISGTRAR ... RESPONDENTS
BY SRI. A S PONNANNA,AAG FOR SMT. PRAMODHINI KISHAN, AGA FOR R1 &2; SRI. N K RAMESH, ADVOCATE FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSITITUTION OF INDIA, PARYING TO QUASH THE NOTIFICATION DATED 28.9.2018 AT ANNEX-A ISSUED BY R-2.
IN W.P. NOs. 52140-52172/2018:
BETWEEN:
DR. MADHAVA M S/O MUNINANJAPPA C AGED ABOUT 28 YEARS RESIDING AT NO.93, PURA VILLAGE, VIJAYAPURA POST DEVANAHALLI TALUK BANGALORE RURAL – 562 135.
DR. ARUNKUMAR HALLI S/O PANDIT AGED ABOUT 30 YEARS RESIDING AT FLAT NO.22, 2ND FLOOR DOCTORS QUARTERS, HIMS HASSAN-573 201.
DR. SYEDA ATUFIYAT AMREEN D/O SYED ZAKIR HUSSAIN AGED ABOUT 28 YEARS RESIDING AT HOUSE NO.216 2ND CROSS, ADARSH NAGAR R T NAGAR POST BANGALORE – 560 032.
DR. ABDUL MAJID M BAGAWAN S/O MURUJKHADRI B BAGAWAN AGED ABOUT 28 YEARS RESIDING AT ROOM NO.618 ESI BOYS HOSTEL, RAJAJINAGAR BANGALORE – 560 010.
DR. BHARADWAJ SHIVARAYA KATTIMANI AGED ABOUT 28 YEARS RESIDING AT NO.198, 37TH A CROSS 28TH MAIN, 9TH BLOCK, JAYANAGAR BANGALORE-560 069.
DR. RAHUL D S/O VINAYAK RO AGED ABOUT 29 YEARS RESIDING AT H.NO. A5 STAFF QUARTERS
SAMBRAHAM INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTRE BEML NAGAR, D K HALLI K.G.F-563 115.
DR JAYANTH H AGED ABOUT 28 YEARS, S/O MADUSUDHAN V HULAGI, RESIDING AT NO.348, A MAIN, 1ST A CROSS, UPAKAR LAYOUT, ULLAL, BANGALORE-560056.
DR MD SARFARAAZ RAJA C S/O MD ISMAIL C, AGED ABOUT 28 YEARS, RESIDING AT DOOR NO.11, V.P.ROAD,2ND CROSS, OPPOSITE TO SURAKASHA DENTAL CLINIC, OLD MADIWALA, BANGALORE-560068
DR HUMERA JABEEN D/O SALEEM PASHA, RESIDING AT PHASE I FLAT #2, ANANTSIDDHI APARTMENTS, NANDANAWAN COLONY, KOLHAPUR ROAD, SANGAL-416416.
DR SIREEESH KUMAR C H S/O VENKATESHWARA RAO, AGED ABOUT 31 YEARS, RESIDING AT NO.K-504, PURVA HIGHLAND, OFF KANAKAPURA ROAD, MALLASANDRA, BANGALORE-560062.
DR MINU DEVASSY D/O N C DEVASSY, AGED ABOUT 30 YEARS, RESIDING AT PLOT # 125, HILL GARDENS, KUTTENELLUR PO, THRISSURE, KERALA-680014.
DR SACHIN M B S/O BASVARAJU M B, AGED ABOUT 28 YEARS, RESIDING AT BASAVESHWARA NILAYA, 4TH CROSS, UDAYAGIRI MANDYA-571401.
DR RAKSHA MANJUNATH D/O MANJUNATH NAIK, AGED ABOUT 28 YEARS RESIDING AT NO.31, 11TH A CROSS, J.P.NAGAR 3RD PHASE, BANGALORE-560078.
DR VEERAMMA D/O PRABHULINGIAH, AGED ABOUT 28 YEARS RESIDING AT NO.5, 9TH MAIN, GIRIYAPPA KRISHNA LAYOUT, RAGHAVENDRA NAGAR EXTENSION, RAMURTHY NAGAR, BANGALORE-560016.
DR NAGARAJ TELKAR S/O BHIMRAO THELKAR, AGED ABOUT 27 YEARS RESIDING AT NO.24, 4TH MAIN, NANJAPPA LAYOUT, ADUGOUDI SIGNAL, BANGALORE-560030.
DR SAHITHYA BV D/O VENKATANARAYANA REDDY BV, AGED ABOUT 27 YEARS RESIDING TA NO.23, 7TH A MAIN, 3RD BLOCK, THYAGARAJANGAR, BANGALORE-560028.
DR SUNITHA D/O JANARDHAN, AGED ABOUT 28 YEARS RESIDING AT NO.37, 1ST FLOOR, 2ND A CROSS, RAGHAVENDRA NAGAR, NEW TIMBER YARD LAYOUT, MYSORE ROAD, BANGALORE-560026.
DR PRIYANKA D K D/O DEVENDRAPPA K, AGED ABOUT 29 YEARS RESIDING AT NO.72, 3RD MAIN, 1ST J CROSS, SHARADHA COLONY, BASAVESWRANAGAR, BANGALORE-560079.
DR SAMUEL NOKLANG S/O AMOP NOKLANG, AGED ABOUT 30 YEARS, RESIDING AT #157, MODEL VILLAGE,
5TH MILE DIMAPUR, NAGALAND-797115.
DR DEEPAK M S S/O SHIVAJI M.L. AGED ABOUT 28 YEARS, RESIDING AT #21, SHESHADRI NILAYA OPP CHURCH, GONNIKOPPA ROAD, PIRYAPATANA TQ., MYSORE-561107.
DR SANTOSH KUMAR S/O MR.TIPPANNA SALWALE, AGED ABOUT D30 YEARS, RESIDING AT NO.5, 3RD FLOOR, 9TH MAIN, 2ND CROSS, BTM, BANGALORE-560029.
DR DIVYA B S D/O SRINIVAS MURTHY B R, AGED ABOUT 28 YEARS, RESIDING AT #209 8TH CROSS, 2ND RIGHT NEAR NEWGOLDEN STORE, BELLANDUR, BANGALORE-560103.
DR VINEETA GAUTAM D/O HARI RATAN GAUTAM, AGED ABOUT 28 YEARS, RESIDING AT NO.588, NEW BANK COLONY, LORD BUDHA MRG, HAPUR, U.P-245101.
DR PRASHANT N HUDGE S/O NAGAPPA HUDGE, AGED ABOUT 29 YEARS RESIDING AT C 118, PRIME CITY APARTMENTS, ELECTRONIC CITY-PHASE-1, DODDATOGARU, BANGALORE-560100.
DR ARUN S PATTED S/O SANGAPPA PATTED. AGED ABOUT 29 YEARS RESIDING AT NO.16, R.M.V.-2ND STAGE, 2ND MAIN, KGE LAYOUT, BANGALORE-560094.
DR SHARATH CHANDRA R S/O.S.V.RAMACHANDRAIAH, AGED ABOUT 29 YEARS, RESIDING AT DOOR NO.22, 51/80, 22ND CROSS, 20TH MAIN, VIJAYANAGARA, BANGALORE-560040.
DR RASHMI S D/O SHIVANANJAPPA S, AGED ABOUT 30 YEARS, RESIDING AT DOOR NO.630, 5TH MAIN, NAGARBHAVI-II STAGE, BDA LAYOUT, BANGALORE-560072.
DR KIRTI P KATWE RESIDING AT HOUSE NO.19, AGED ABOUT 28 YEARS RAVENA APARMENT, GROUND FLOOR, 10TH CROSS,1ST MAIN, BYRAPPA GARDEN, BANASHANKARI-III STAGE, BANGALORE-560085.
DR PREETI KULHALLI D/O UPENDRA KULHALLI, AGED ABOUT 28 YEARS, RESIDING AT M.S.RAMAIAH NORTH CITY, NAGAVARA, BANGALORE-560045.
DR NAVEEN KUMAR S/O GEMSINGH RATHOD, AGED ABOUT 37 YEARS, RESIDING AT SEETHARAMPALYA, NEAR GRAPHITE INDIA, WHITEFIELD, BANGALORE-560048.
DR BEZAWADA SHRAVANI D/O.B.RAMA MOHAN RAO, AGED ABOUT 29 YEARS, RESIDING AT B-2-9, 5TH MAIN, 6TH A CROSS, BAHUBALI NAGAR, JALAHALLI, BANGALORE-560013.
DR MONISHA N D/O NARAYANAPPA M, AGED ABOUT 27 YEARS, RESIDING AT NO.283, 6TH CROSS, 7TH MAIN, KORAMANGALA 1ST BLOCK. BANGALORE-560034.
DR SNEHA R D/O K.L.RAMESH, AGED ABOUT 27 YEARS RESIDING AT DOOR NO.538, 2ND A CROSS, 6TH MAIN, 3RD BLOCK, 3RD STAGE, BASAVESHWRA NAGAR, BANGALORE-560079, ... PETITIONERS (BY SRI. VIKRAM G, ADVOCATE)
AND:
STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, BANGALORE-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY.
DEPARTMENT OF MEDICAL EDUCATION MULTI-STOREYED BUILDING, BANGALORE-560001. REPRESENTED BY ITS SECRETARY.
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES KARNATAKA, 4TH T BLOCK, JAYANAGAR,BANGALORE-560041. REPRESENTED BY TIS REGISTRAR.
GOVERNMENT OF KARNATAKA COMMISSIONERATE OF HEALTH & FAMILY WELFARE SERVICES, ANANDRAO CIRCLE, BANGALORE-560009.
... RESPONDENTS
(BY SRI. A S PONNANNA, AAG FOR SMT. PRAMODHINI KISHAN, AGA FOR R1, R2 & R4; SRI. N K RAMESH, ADVOCATE FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSITITUTION OF INDIA, PARYING TO QUASH THE NOTIFICATION DATED 28.9.2018 AT ANNEXURE- A ISSUED BY THE R-2.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDER, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
O R D E R Petitioners, now the practising Physicians, who earlier having availed the Government Medical Seats, had joined their Post Graduate Degree/Post Graduate Diploma courses in Clinical/Non-clinical subjects, in the academic years 2015 and 2016. After accomplishing the said degree/diploma course in the year 2018, they have secured the Provisional Degree Certificates from the Respondent-University, awaiting the ensuing Convocation Ceremony. They have knocked at the doors of this Writ Court assailing the Notification bearing No.DME/PGS/12/2018-19 dated 28.09.2018, issued by the Respondent-Director of Medical Education whereby, amongst others, they are asked to "mandatorily attend Counseling" for the purpose of deploying their services to the Government for the benefit of public at large.
The impugned notification is reproduced verbatim and in its entirety and that the same shall be hereafter referred to as the “Counselling Notification”:
ªÉÊzÀåQÃAiÀÄ ²PÀët ¤zÉðñÀ£Á®AiÀÄ DIRECTORATE OF MEDICAL EDUCATION D£ÀAzÀgÁªï ªÀÈvÀÛ , ¨ÉAUÀ¼ÀÆgÀÄ Anand Rao Circle, Bangalore – 560009 …………………………………………………………………………… DME/PGS/12/2018-19 Date:28.09.2018
Counseling for the post of Senior Residents/Tutors/ Specialist for the Candidates completed Post Graduate Degree/Diploma in the year 2018 under RGUHS, Bangalore. Following candidates mandatorily attend Counseling: 1. The candidates admitted under All India Quota 2. The candidates admitted under State Quota Seats in all Government Medical Colleges in the year 2015 in case of Degree and in the year 2016 for Diploma. 3. The candidates admitted under Government quota seats in Private Medical colleges in 2015 in case of Degree and 2016 in case of Diploma. 4. The candidates who have completed Post graduate Degree/Diploma in the year 2018 under RGUHS, Bangalore and collected documents from respective Medical colleges after submitting affidavit of serving one year service for the Government of Karnataka must attend the counseling. Note: The candidates who have already served one year of rural service after completion of MBBS are exempted from attending the counseling. Documents to be Produced at the time of counseling: 1. Allotment letter issued by KEA/MCC. 2. Marks Cards of PG Degree/Diploma Course issued by RGUHS. 3. Degree Certificate issued by RGUHS. 4. Medical Council Registration Certificate. Venue: Karnataka Examination Authority, Sampige Road, 18th Cross, Malleshwaram, Bangalore – 560012. Date: 16th & 17th Oct 2018. Time: 09.30 AM. MD/MS Clinical Departments MD/MS Pre and Para Clinical Departments 16th Oct 2018, 10.00 AM onwards. Diploma Holders 16th Oct 2018, 1.00 PM onwards.
After service of notice, the Respondent-State and the Director of Medical Education have entered appearance through the learned Addl. Advocate General Shri A.S. Ponnanna, and the Respondent-University is represented by its Senior Panel Counsel Shri N.K. Ramesh. The answering Respondents having filed the Statement of Objections in other connected matters, have adopted the
same in these matters too, their fact matrix and the contentions arising therefrom being substantially the same. In view of some further developments namely, the issuance of allotment letters to a few petitioners, post- counselling, the Writ Petitions have been amended with the leave of the Court and thereby, additional grounds have been taken up by filing the amended pleadings.
Shri A.S. Ponnanna appearing for the Respondent-State raised the preliminary issue as to the maintainability of the Writ Petitions in the absence of a “choate cause of action” stating that it is open to the petitioners not to attend the counseling, notwithstanding the compulsive text of the impugned Notification. This stand of the State may not be correct inasmuch as, non-participation in the counselling in question may result into invocation of default clause stipulated in the duly stamped Bond that has incorporated the undertaking given by the candidates in terms of certain Rules [Rule position is being discussed infra], as rightly contended by the petitioners’ side. That being so, there is prima facie a choate cause of action since there is an apprehended legal injury, if not the actual.
The learned Counsel for the petitioners firstly contended that the impugned Notification calling upon them to "mandatorily attend Counselling" is apparently under the provisions of the Karnataka Compulsory Service Training by Candidates completed Medical Courses Act, 2012 (hereafter "2012 Act"), whose operation has been already stayed by this Court vide ad interim order dated 06.10.2015 in W.P.No.40566/2015 and other connected matters and therefore, the same is liable to be struck down; the nexus between impugned Counselling Notification and the 2012 Act is established by the text of the Government Order No.HFW/241/MSF 2018, Bangalore dated 4.08.2018, which refers to the said Act and further, the Letter of Allotment dated 03.11.2018 issued to one of the petitioners, post-counselling, in turn refers to the said Government Order.
The learned Addl. Advocate General Shri Ponnanna, refuting the above contention submits that although the Government Order dated 04.08.2018 unmindfully mentions about the 2012 Act, such an error cannot be blown out of proportion; such an inadvertent reference to the said Act even otherwise pales into insignificance since the impugned Counselling Notification
having been issued in terms of the provisions of Karnataka Conduct of Entrance Test for selection and admission to Post Graduate Medical and Dental degree and diploma courses Rules, 2006 can stand on its own feet inasmuch as almost all the petitioners have executed a duly Stamped Bond incorporating the undertaking to serve the Government for a minimum period of three years and the breach thereof penalizes the defaulter.
The learned Counsel for the petitioners secondly contended that the individual Bonds have been executed by almost all the petitioners barring a few, under the coercion inasmuch as but for their execution on the spot of and at the time of admission to the courses in question, they could not have secured the allotment of Government seats; the act of the Respondent-Director of Medical Education in enforcing the undertaking given through these Bonds amounts to State practising “bonded labour” and therefore, is violative of Articles 21 and 23 of the Constitution of India.
The learned Addl. Advocate General Shri Ponnanna per contra submits that the 2006 Rules are promulgated by the Government under section 14 of the Karnataka Educational Institutions (Prohibition of
Capitation Fee) Act, 1984; these Rules having been published in the Karnataka Gazette dated 08.12.2006 are in force since more than a decade; sub-rule (5) of Rule 15 mandates furnishing of undertaking by the candidates who avail the Government seats for Post Graduate courses; the petitioners having taken the benefit thereunder and after furnishing the undertaking in terms thereof are precluded from taking the plea of coercion as a ground, for now avoiding the obligation.
Shri Ponnanna further submits that the petitioners were not minor children nor were under any legal disability, when they being already graduates with a good academic record, had knowledgeably and voluntarily executed the Bond.
He also states that it is unconscionable on the part of the petitioners to take up such a stand for assailing the Counselling Notification inasmuch as had they not availed the Government seats, that too at comparatively concessional rates of fees, the said seats would have eventually gone to other deserving candidates who would have scrupulously abided by such undertaking and thus, the culpable conduct of the petitioners in not adhering to the statutory undertaking disentitles them to any relief in the extraordinary
jurisdiction. He hastens to add that the petitioners are estopped from approbating and reprobating.
The learned Counsel for the petitioners thirdly contended that the impugned Counselling Notification is selectively discriminatory inasmuch as all other candidates who have availed Government seats in all the preceding years having furnished the undertaking like the petitioners herein, have been left to go free whereas, it is only the candidates admitted under State Quota Seats for the degree course in the year 2015 and for the diploma course in the year 2016 like the petitioners alone have been singled out for a differential treatment with no justification whatsoever and therefore, the same is violative of Article 14 of the Constitution of India. The impugned action is otherwise also unjust, arbitrary and unreasonable inasmuch as had the previous batches too been called for the counselling, the period that the petitioners are expected to serve, would have been proportionately reduced because of eventual sharing and this aspect of the matter having not been adverted to by the concerned, the impugned Counselling Notification is vitiated by the vice of non-application of mind.
The learned Addl. Advocate General Shri Ponnanna per contra submits that the candidates of other batches of the yester years having scattered away, it is not advisable to defer the present counselling till after they are identified and drawn for compulsory service; when the undertaking is being enforced in terms of the Bond, it is not open to the petitioners to contend that there is discrimination; since the undertaking given by the candidates of yester years does not lapse by the run of time and a decision would be taken for summoning them to serve the public under the compulsive Bonds, in due course. He has also produced some material to show that, some effort was earlier made in this regard.
The learned Counsel for the petitioners fourthly contended that some of the petitioners with intent to pursue certain specialty courses have been studying to take up the ensuing examinations which are scheduled to be held by the National Board of Examinations in the second half of December 2018 and if they are forced to attend the counselling, the same would disrupt their endeavor to make value addition, which in turn could affect their career advancement and therefore, they are entitled to the relief sought for in the Writ Petitions. They
contend that this aspect of the matter ought to have been thought of by the contesting respondents.
The learned Addl. Advocate General per contra submits that the material particulars as to which of the petitioners are preparing for what examinations are lacking in the pleadings; normally, the persons who furnish a statutory undertaking cannot seek the deferring of its discharge in the absence of enabling provision in the 2006 Rules; in any circumstance, such petitioners could have made a representation to the concerned for the consideration of their version and that no explanation is offered for not making the same; if the petitioners make such a representation subject to the assurance that after the accomplishment of the intended value addition, they will serve the public, there would be no difficulty for considering such individual cases for deferment, in accordance with law.
Fifthly, the learned Counsel for the petitioners contended that through the impugned counselling, petitioners are required to serve in the posts of senior residents/tutors/specialists and the present incumbents of these posts are drawing a handsome salary in the
prescribed pay scales whereas, the respondents hold out a paltry sum of Rs.45,000/- per month as the monthly stipend and therefore, the same constitutes begar as proscribed under Article 23 of the Constitution of India and therefore, if the challenge to the Counselling Notification were to be held sustainable, the petitioners should be directed to be granted the salary in the pay scales on par with regular incumbents of the said posts, on the principle of remunerative equality.
The learned Addl. Advocate General per contra submits that the candidates availing the government seats pay paltry sums of money as the fees prescribed for the courses compared to the general fee structure in other institutions; a huge amount of money is invested by the State in these candidates on the assurance that they would serve the public for a minimum period of three years and that the State itself on its own has fixed a monthly stipend of Rs.45,000/-, taking into consideration all relevant factors; the counselled candidates are not the permanent appointees/regular recruits to the posts in which they are now being asked to work and therefore, they cannot equate themselves with the regular recruits
whose appointment is preceded by a due selection process; thus, their claim for Remunerative Equality is misconceived.
Lastly, the learned counsel for the petitioners raised the issue of procedural infirmity in the counselling mandated under the impugned Counselling Notification contending that the exercise in question does not conform to norms, leaving much scope for abuse of discretion in allotting the posts/places to the candidates; if at all the challenge in principle were to fail, the counselling body has to prepare a merit list of all the candidates and the allotment should be on the basis of comparative merits of the candidates; in the absence of norm ensuring fairness, the petitioners cannot be compelled to undergo counseling, since it amounts to subjecting the citizens to arbitrary and whimsical action of the State, which offends the soul of Article 14 of the Constitution of India.
The learned Addl. Advocate General per contra submits that there is no abuse potential in the counseling in question; since the 2nd respondent-Director of Medical Education is a ‘High Public Authority’ under whose supervision, the counselling takes place, there is no scope
for the argument of abuse; if at all there is any individual grievances of the candidates in this regard, the same would be looked into by the respondents 1 and 2 and that even otherwise, the aggrieved has a remedy before the Writ Court. He also submits that a State action cannot be invalidated only on the ground of possible misuse, especially when the aggrieved has a legal remedy.
I have heard the learned Counsel for the petitioners and the learned Addl. Advocate General Shri A.S. Ponnanna, appreciably assisted by the learned Addl. Government Advocate Smt. Pramodhini Kishan; I have also heard the learned Senior Panel Counsel for the Respondent-University Shri N.K. Ramesh. I have perused the Petition Papers.
18 A. Recruitment and retention of rural health care professionals has been a big challenge not only in India but in other advanced countries as well. The shortage of Health profession work force are exacerbated in rural areas where the communities struggle to attract and keep well trained clinicians. Despite medical school initiatives and State Policies, to train rural physicians, rural India continues to face greater shortage of health professionals.
Health care delivery has been a challenging task in rural locations inter alia because the patients tend to be poorer, less literate and not well-insured than their urban counterparts. Presumably, with this background, the Government of Karnataka has promulgated under section 14 (1) of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (hereafter "1984 Act"), The Karnataka Conduct of Entrance Test for selection and admission to Post Graduate Medical and Dental degree and diploma courses Rules, 2006 (hereafter "2006 Rules").
Sub-rules (5), (6) & (7) of Rule 15 of the aforesaid 2006 Rules which are relevant to the adjudication of this case, read as under:
"(5) Candidates selecting Government Colleges and Government seats in Private colleges (under concession fee) for Post Graduate courses shall furnish an undertaking that he will serve the Government for a minimum period of three years after completion of the course, if Government desires.
(6) Candidates who avail 100% tuition fee reimbursement from the Government shall furnish an undertaking that he will serve the Government for a minimum period of five years, if Government desires.
(7) A penalty of Rs.50,00,000/- degree for Post Graduate Degree and Rs.25,00,000/- for Post Graduate Diploma shall be levied in case the candidates fail to serve the Government
after completion of the course as per the undertaking."
The 2006 Rules having been brought into force with effect from 08.12.2006 have undergone amendment vide Notification No.HFW 334 RGU 2012 dated 23.11.2013. The penalty under sub-rule (7) has been enhanced to Rs.50 lakh & Rs.25 lakh. In terms of sub-Rule (5) above, the candidates like the petitioners have availed the Government Seats in PG Degree and PG Diploma courses in Medical and Dental Sciences in Government Colleges or Private Colleges as the case may be, by furnishing the undertaking to serve the Government for a minimum period of three years by executing a duly stamped Bond.
The Government of Karnataka in association with Karnataka Examinations Authority has been preparing, publishing and web-hosting the brochure called Information Bulletin for Admission to Post Graduate Degree/Diploma Medical & Dental courses for the respective academic years. The one that relates to 2015- 16 is relevant for our consideration. Paragraphs 11.5, 11.6 and 11.7 at Page 40 of this brochure read as under:
"11.5 Candidates selecting Government Colleges & Government seats in Private colleges (under concession fee) for Post Graduate courses shall furnish an undertaking that he/she will
serve the Government for a minimum period of 3 years after completion of the course, if Government desires.
11.6 Candidates who avail 100% tuition fee reimbursement from the Government shall furnish an undertaking that he/she will serve the Government for a minimum period of 5 years, if Government desires.
11.7 In case of candidate selecting Government college & Government seats in private college, the candidate shall serve the Government Health & family welfare department in Government hospitals or in Government colleges if such speciality facilities are not available in Health & Family Welfare department for a minimum period as specified in 11.5 & 11.6. failing to comply with the conditions given as per undertaking then he/she shall be liable to pay a penalty of Rs.50,00,000/- (Rupees Fifty lakhs only) for Degree and Rs.25,00,000/- ( Rupees Twenty Five Lakhs only) in case of diploma to the Government."
All the petitioners having availed the Government Seats and almost all of them having furnished the undertaking in terms of Rule 15 (5) of the 2006 Rules by executing the duly stamped Bond without any demur, have completed their respective courses. A copy of Bond incorporating the undertaking given by the 1st petitioner in W.P.No.45738/2018 in terms of Rule 15 (5) at the time of admission to the course in question is reproduced as a sample hereunder:
“OBLIGATION BOND DATED:06/06/2015
Dr. Kalasapur Arjun Subash S/o. K L Subhash aged 29 (Twenty Nine) years, residing at #38, 2nd Main, Basappa Layout,……….Extension, Bangalore 560019 being a candidate with admission ticket no CD1042160 have selected a medical seat for post graduation Degree/Diploma)of Three years course out of my own volition in (subject) Pharamacology At Bangalore Medical College, & Research Institute Bangalore (vide Admission Order dated (05.06.2015) do hereby STATE AGREE AND UNDERTAKE as hereunder: I. (a) I am aware of the intent and content of Rule 15 of the Karnataka conduct of Entrance Test for selection and admission to Post Graduate Medical Dental Degree and Diploma Courses Rules 2006 as amended upto date.
(b) Rule 15(5) of the above Rules states that candidate selecting Government Colleges and Government seats in private Colleges under concession fee for post graduate course shall furnish an Undertaking that he will serve the Government for a minimum period of 3(three) years after completion of the course, if Government desire.
(c) Rule 15(6) of the above Rules states that candidate who avails 100 percent tuition fee reimbursement from the government shall furnish an Undertaking that he will serve the Government for a minimum period of 5(five) years if government desires.
(d) Rule 15(7) of the above Rules states that a penalty of Rupees. Fifty Lakhs for Degree and Rupees. Twenty Five Lakhs for Diploma in lumpsum shall be levied in case the candidate fails to serve the Government after completion of the course as per the undertaking as per Rule 15(5) and Rule 15(6) of the above Rules.
(e) I hereby unequivocally AGREE and UNDERTAKE to abide by the terms of the above Rules 15(5)(6) and (7) as applicable to me.
I do hereby AGREE and UNDERTAKE that I will not lay any claim to provide me a post and completion of the
above course befitting to my specialized Degree/diploma and I will serve in any post shown to me by the Government without reserving any right in that regard.
I do hereby AGREE AND UNDERTAKE that incase I come in the category of candidates who have completed MMBS course in any Medical College run by the Government of Karnataka and failed to serve in any Primary Health Centre or Primary Health Unit in the rural areas of Karnataka for the minimum period of one year after completion of the MBBS course. I am prepared to serve in the Government after the completion of my post graduation Degree /Diploma for a period of 4(four) years (inclusive of that period of one year rural service) if my candidature comes within the purview of Rule 15(5) OR for a period of 6(six) years (inclusive of that period of one year rural service) if my candidature comes within the purview of Rule 15(6) of the above Rules.
I do hereby AGREE AND UNDERTAKE that in case I come in the category of candidates who have completed MBBS Course in any Medical College run by the Government and failed to serve in any Primary health Centre or Primary Health Unit in the rural areas of Karnataka for the minimum period of one year after completion of that course, I am prepared to serve for a total period of four years(inclusive of that period of one year) if my candidature comes within the purview of Rule 15(5) OR for a total period of six years if my candidature comes within the purview of Rule 15(6) of the above Rules as the case may be.
I do hereby AGREE AND UNDERTAKE that incase I had completed my MBBS course through Government seat and failed to so serve the Government in the rural areas of Karnataka and also if I fail to serve the Government for a period of 3 years on completion of my post graduation Degree/ Diploma (as the case may be) as per Rule 15(5) of the above Rules. I would pay Rupees. One Lakh being the penalty for not serving in the rural area after completion of MBBS course with interest at 10% p.a by way of penalty and also Rupees. Fifty lakhs if I fail to so serve in the government on completion of my post graduation degree OR Rupees. Twenty five lakhs for failure to so serve in the Government on completion of the post graduation Diploma as the case may be in lumpsum and on demand by the government without any protest or delay.
I do hereby AGREE AND UNDERTAKE that in the event of my leaving the post graduation course in the middle i.e., before its completion. I will voluntarily reimburse the loss occasioned to the Government on account of the loss of one Government seat which otherwise would have accrued to the benefit of the Government but for my omission to complete the course as assessed and demanded by the Government.
Executed and signed in the presence of witnesses on this …………………day of …………….…………………. two thousand ……………………at …………………………
Signatures and
Signature of the Candidate Addresses of the Witnesses
Name of the Candidate”
The State of Karnataka enacted the Karnataka Compulsory Service Training by Candidates completed Medical Courses Act, 2012 (hereafter "2012 Act") whereunder, the State Government has promulgated the Karnataka Compulsory Service Training by Candidates completed Medical Courses Rules, 2015 inter alia prescribing to the Graduate and Post Graduate medical students, a compulsory service training of one year in Government Primary Health Centers and Government Hospitals, after accomplishment of their courses. The same has been challenged by some aggrieved candidates by filing W.P.No.40566/2015 and other connected Cases wherein, this Court vide interim order dated 06.10.2015 has inter alia stayed the operation and execution of the
Act, the Rules and all the proceedings taken up thereunder, albeit subject to certain conditions of equity. These cases are still pending.
Despite the grant of stay order by this Court against the operation of 2012 Act and the Rules made thereunder, the Respondent No.1 has issued the Government Order No.HFW/241/MSF 2018, Bangalore dated 04.08.2018 for enforcing the said Act and the Rules. This act on the part of the Respondents-State may give scope for the argument that it is affront to the Court and Judicial Process. However, the question of its validity/efficacy cannot be gone into, in these Petitions, the challenge thereto notwithstanding, inasmuch as the impugned Counselling Notification has nothing to do as would be shown by the discussion hereinafter.
When this has been the position, the 2nd respondent has issued the Counselling Notification dated 28.09.2018 invoking the provisions of Rule 15 of 2006 Rules calling upon the candidates including the petitioners herein to participate in the compulsive counselling for making available their services in the Government
colleges/hospitals. In these writ petitions, the same has been assailed on the grounds urged herein above.
As to the Counselling Notification and its relation to 2012 Act & the 2006 Rules:
(a) The Counselling Notification addresses three classes of candidates viz., (i) All India Quota candidates, (ii) State Quota candidates admitted to 2015 degree courses and 2016 diploma courses in Government medical colleges/private medical colleges and (iii) the candidates who having completed PG degree/diploma in the year 2018 under Respondent-University have collected their documents from the respective colleges after submitting the affidavit undertaking to serve one year;
(b) Admittedly, the petitioners are the Post Graduate candidates who had availed Government seats for the PG Degree course in the year 2015 and for the PG Diploma course in the year 2016; all of them barring a few, have furnished the undertaking by executing a duly stamped Bond in terms of Rule 15 (5) of the 2006 Rules; the validity of these Rules is not in challenge. Apparently, but for the undertaking and the Bond, the petitioners could not have availed the Government seats/the State Quota seats, be it in Government medical colleges or the
Private medical colleges. Now the Government is invoking the said undertaking. That being the pith and substance of the matter, the petitioners’ contention that the 2012 Act is being enforced against them through the impugned Counselling Notification, does not gain acceptance;
(c) The contention of the petitioners that the Government Order dated 04.08.2018 refers to 2012 Act and that there is a thick nexus between the impugned Counselling Notification and the Allotment Letters issued to the candidates post counselling, even if assumed to be true, does not come to their aid as long as the compulsion to serve the State is otherwise supported by law i.e., the 2006 Rules in terms of which the undertaking is given on a duly stamped Bond. The petitioners are not justified in interpreting the text of the impugned Counselling Notification as if it is a Euclid's Theorem or as an Act of Parliament, when it is only more or less a circular-like- thing issued by the 2nd respondent-Official; it is neither a delegated legislation nor a bye-law inasmuch as it spends itself once the task envisaged thereunder is accomplished and it does not demand repeated compliance for an indefinite period of time. The language employed therein
being poor, it could have been drafted in a far better way, being beside the point; and
(d) There is a lot of force in the contention of the learned Addl. Advocate General that merely because a Government Order/Circular quotes a wrong Act or mentions a wrong provision of law, the same cannot be struck down on that ground per se, if its validity can otherwise be established by banking upon a right instrument having the force of law. The arguable existence of kinship between the impugned Counselling Notification and the 2012 Act that has been now stayed by this court, again per se is too feeble a ground to invalidate the impugned Notification when it is sufficiently supported by the 2006 Rules promulgated under Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 and the undertaking furnished by the candidates, in terms thereof. This Court in the case of Darshan v State of Karnataka ILR 1996 KAR 1241 has held that if the State can invoke its power under two enactments and it “chooses to exercise under one enactment, unless it can be shown that such exercise of power is not authorized or is excluded by the provision made in another enactment, the exercise of power will not become bad.”
As to statutory contract for compulsory service between the State and the citizen, and its enforceability: It is pertinent to mention that several other states have formulated similar policies, the validity whereof on challenge have been upheld by several High Courts;
a. The Bombay High Court in Vinod Shankarlal Sharma v. State of Maharashtra, 2012 (114) Bom LR 4020, held that they “do not find any infirmity in the policy decision of the State Government that students who complete their medical degrees from government and municipal run medical colleges must perform public service for a stipulated period in recognition of the fact that the public exchequer bears a large burden of the expenditure incurred on their medical education. Such a requirement is based on a valid rationale and the classification meets the requirements of a reasonable classification for the purposes of Article 14 of the Constitution.”
b. The Kerala High Court in Dr. Ayisha Beegam v. State of Kerala, (2018) 2 KLT 471 held that the students “…may serve the state and be paid or sever their relation and leave it; it comes at a price: paying liquidated damages. If the students leave for greener pastures, they must be prepared to pay, to compensate. Medical profession-tough as it is and, perhaps, lucrative as it may be-is not all about money; it has still an element of service.”
c. Recently i.e., on 14.09.2018, the Division Bench of Calcutta High Court in State of West Bengal v. Dr. Naval
Patel & Ors., MAT 2076 of 2017, has held that the undertaking-bond “was a kind of contract that the writ petitioners entered into with the State to serve the State medical institutions for the bond period in return for the State imparting high quality and highly subsidised post graduate medical education to them. It was a bargain that the writ petitioners struck on their own volition and they must honour their obligation under the deal. It is not that they do not have an exit route. It is not that they are in a position of servitude. They are free to pursue their career elsewhere without serving the State for the bond period upon payment of the recompense amounts mentioned in the bond.” The petitioners have not given any reason nor shown any circumstances that justifies this court not threading the beaten track.
As to whether the duly stamped undertaking is vitiated by the alleged coercion:
(a) The contention of the petitioners that the undertaking furnished by them by executing the stamped Bond is unenforceable since the same was obtained by coercion inasmuch as but for such undertaking, the petitioners would have been denied the seats, being an unconscionable argument, does not merit acceptance. Rule 15 of 2006 Rules requires an undertaking being furnished by the candidates concerned and accordingly, the petitioners barring a few, have furnished one, that too
on a stamped Bond, keeping their eyes wide open and without raising a little finger all these years. The petitioners did not lack capacity or autonomy. Nobody compelled them to seek allotment of Government Seats. Their contention that the undertaking was extracted abruptly at the time of admission process is false, to say the least inasmuch as the 2006 Rules are in force since December 2006 and the admission brochures have been published well in advance; (b) It was open to the petitioners to reserve right to challenge the requirement of undertaking, which they have not done. Even after completing the course also, they have not voiced their grievance against the same. Had the petitioners not availed the Government Seats, the same would have eventually gone to other deserving candidates, who would have scrupulously abided by the undertaking, as rightly contended by the learned AAG. By the act of the petitioners, these potential scrupulous candidates who otherwise would have benefited under the Government Seats, have been denied their rightful lot and eventually, the Government is deprived of their services; (c) Lastly, it has long been a settled position of law that a contract entered into by compulsion under law does
not suffer the ground of coercion. In English law of Contract, this matter is discussed under the head “duress” which is a ground for avoiding a contract. Halsbury’s laws of England, Volume 9, 4th Edition at paragraph 297 states as under: “297. Duress. By duress is meant the compulsion under which a person acts through fear of personal suffering as from injury to the body or from confinement, actual or threatened…… There is no duress simply because a party has to enter into a contract by reason of statutory compulsion, or the fact that the other party is a monopoly supplier.”
Similarly, Chitty on Contracts 28th Edition, Volume 1, Para 7-006 states: “Pressure and threats. Once it is accepted that the basis of duress does not depend upon the absence of consent, but on the combination of pressure and absence of practical choice, it follows that it is the nature of the pressure or the threats which becomes all-important. Clearly, not all pressure is illegitimate, nor even are all threats illegitimate. In ordinary commercial activity, pressure and even threats are both commonplace and often perfectly proper. Indeed, in one sense, all contracts are made under pressure: every offeror “threatens” that unless the offeree accepts the terms offered, he will not get the benefit of whatever goods or services are on offer. Nor can it even be said that the force or weight of the pressure or the threats is the decisive factor, “for in life, including the life of commerce and finance, many acts are done under pressure, sometimes overwhelming pressure, so that one can say that the actor had no choice but to act.”
(d) There is yet another angle to the matter. Going by the legal position, the contesting respondents had no discretion to disobey the mandate of Rule 15 of 2006 Rules; the candidates too had no option than to furnish the undertaking to serve by way of price for the Government seat they opted for; similarly, the official respondents too had no option in the matter of securing such an undertaking. It was not obligatory for the candidates to take the Government Seats; once having availed the same at their sweet will and discretion, the candidates were required to furnish the undertaking and accordingly, most of them have furnished. Thus, the contention as to coercion is not only unsustainable but is unconscionable too, to say the least.
As to plea of “bonded labour” and ‘begar’ under Article 23 of the Constitution of India: (a) The contention of the Petitioners that enforcing the undertaking given by them on a stamped Bond, amounts to ‘bonded labour’ or ‘forced labour’ that is prohibited by Article 23 of the Constitution of India, is misconceived and wrongly put forth, notwithstanding that the Apex Court has given an expansive significance to the term ‘forced labour’, in the case of People’s Union for
Democratic Rights v. Union of India (Asiad Case), AIR 1982 SC 1473. Bhagwati J. added that “where a person provides labour or service to another for remuneration which is less than the minimum wage, the labour or service provided by him clearly falls within the scope and ambit of the words ‘forced labour’ under Article 23”. That Article 23(1) prohibits ‘bonded labour’, is true; but, the concept as such has different connotations in which the case of the petitioners does not fit, as they were not lacking in 'choice'. It is not that the candidates were compelled to take the Government seats; they were not in a helpless condition which the State has taken undue advantage of. The Petitioners having opted for the Government seats and having executed the undertaking in terms of clauses (5), (6) & (7) of Rule 15 of the 2006 Rules, knowingly and voluntarily, the plea of bonded labour/forced labour does not avail. Further, the monthly stipend/remuneration payable to the candidates going for public service/counseling is fixed at Rs.45,000/- which is more than the minimum wage for the said professionals as prescribed by the Government Notification vide No.KaE 125 LWA 2015 dated 06.01.2017, issued under section 5 (1) (b) of the Minimum Wages Act, 1948;
(b) For the above reason, the plea of begar, again is misplaced. 'Begar' as employed in Article 23(1) means a labour or service that is exacted by the State or its instrumentality without giving reasonable remuneration for it. This is prohibited by the said Article is true. In this case, admittedly, the Government has fixed a monthly remuneration of Rs.45,000/-. Thus, the remuneration which the candidates in compulsory service draw is 12.5 % above what is legally prescribed as the minimum wages. Added to this, the respondent-State in its Written Notes filed on 01.12.2018 has specifically assured that it would look into the alleged inadequacy of the remuneration part. Therefore, this contention too does not come to the aid of petitioners; (c) The above apart, clause (2) of Article 23 permits the State to impose compulsory service for “public purposes”, which expression is wide enough to include not only military or police service but also other social services like the medical services, that too, for a short period of one year, the remaining two having been waived vide affidavit of the State. This aspect was discussed in the Constituent Assembly. Mr. H. V. Kamath suggested that the phrase “public purpose” be replaced with “national or social
purpose”, arguing that it has a “wider and a higher, a more comprehensive connotation.” In response, Dr. Ambedkar stated that the word ‘public’ was “wide enough to cover both ‘national’ as well as ‘social’”. CAD Vol. VII, 3rd December, 1948; (d) The phrase “public purpose” was explained by the Apex Court in State of Bihar v. Kameshwar Singh, AIR 1952 SC 252, argued by Dr. Ambedkar himself as the counsel. S.R. Das. J opined that “whatever furthers the general interests of the community as opposed to the particular interests of the individual must be regarded as a public purpose… The words “public purpose” used in article 23(2) indicate that the Constitution uses those words in a very large sense. In the never ending race the law must keep pace with the realities of the social and political evolution of the country as reflected in the Constitution.” Although Justice Das was writing predominantly in the context of Article 31(2) (as it then existed), he explicitly mentioned Article 23(2). Moreover, the interpretive principle of intratextualism allows this court to import or deduce meanings if the same (or similar) term is used in other parts of the Constitution. Akhil Amar, “Intratextualism,” 112 Harv. L. Rev. 747 (1999).
(e) Justice Krishna Iyer speaking for the Apex Court in Jolly George Verghese v. Bank of Cochin, 1980 AIR 470, held that “it is a principle generally recognised in national legal system that, in the event of doubt, the national rule is to be interpreted in accordance with the State’s international obligations.” Therefore, it is worth noting that the International Covenant on Civil and Political Rights, which has been ratified by India in 1979, which states that “work or service that forms part of normal civil obligations” is not forced labour (Article 8). According to the ICCPR Human Rights Committee, in order to be a normal civil obligation, “the labour in question must, at a minimum, not be an exceptional measure; it must not possess a punitive purpose or effect; and it must be provided for by law in order to serve a legitimate purpose”. Faure v. Australia, Communication No. 1036/2001, U.N. Doc. CCPR/C/85/D/1036/2001 (2005); and
(f) In Butler v. Perry, 240 US 328 (1916), the US Supreme Court held that a law requiring able-bodied men to perform a reasonable amount on public roads was not in violation of the Thirteenth Amendment of the US Constitution, which prohibits involuntary servitude. The
Court reasoned that every individual owed certain duties to the State, such as services in the army, militia, the jury, etc., and that the Amendment did not intend to bar the enforcement of those duties. Thus, even in liberal and advanced constitutional jurisdictions, the compulsory public service is upheld by the courts.
The provisions of Rule 15 of the 2006 Rules whose validity is not in challenge and the undertaking furnished by the Petitioners in terms thereof if construed, in the light of this, the contention of forced labour and begar has to fail, as of constitutional imperative. 29. Fundamental Rights and Directive Principles of State Policy: There is yet another dimension to the plea of bonded labour. The provisions relating to Fundamental Rights guaranteed under Part III of the Constitution have to be viewed in the light of relevant provisions in Part IV that prescribe the Directive Principles of State Policy which impose certain obligations inter alia on the State as widely defined under Article 12. S.R. DAS J. in Kameshwar Singh, supra, observed “[i]f […] the State is to give effect to these avowed purposes of our Constitution we must regard as a public purpose all that will be calculated to promote the
welfare of the people as envisaged in these directive principles of State policy whatever else that expression may mean.”
b. In Minerva Mills v. Union of India, AIR 1980 SC 1789, it is held that “The significance of the perception that Parts III and IV together constitute the core of commitment to social revolution and they, together, are the conscience of the Constitution is to be traced to a deep understanding of the scheme of the Indian Constitution. […] In other words, the Indian Constitution is founded on the bed-rock of the balance between Parts III and IV. To give absolute primacy to one over the other is to disturb the harmony of the Constitution.” Therefore, Article 23 has to be read with the Directive Principle in Articles 39 (e) and 47 which speak of a primary duty cast on the State for improving the public health.
c. The Hon’ble Supreme Court in Vincent Panikurlangara vs. Union of India (1987) 2 SCC 165 held that “In a welfare State, therefore, it is the obligation of the State to ensure the creation and the sustaining of conditions congenial to good health ... maintenance and improvement of public health have to rank high [among state
obligations] as these are indispensable to the very physical existence of the community and on the betterment of these depends the building of the society of which the Constitution makers envisaged. Attending to public health, in our opinion, therefore, is of high priority--perhaps the one at the top.” In view of all this, the impugned counseling Notification cannot be faltered inasmuch as it has been issued by the Respondent-State not only with authority of law but with a avowed intent to give effect to the directive principles enshrined in the Constitution and sanctified by the Apex Court in a catena of decisions beginning with KESAVANANDA, AIR 1973 SC 1461 and blossoming into SANJIVA COKE, AIR 1983 SC 239.
Undertaking to Serve for 3 Years and the concession by the State Rule 15 (5) of 2006 Rules requires the allottees of the Government Seats to furnish an undertaking to serve the Government for a minimum period of three years and accordingly, the allottees have furnished the undertaking, barring a few, on a stamped bond without raising any objection. The petitioners are asked to serve only for a period of one year, the remaining two having been waived
by the State by filing a sworn affidavit dated 30.11.2018, paragraph 6 whereof reads as under: “6. I further submit that as the State Government vide Notification dated 28.9.2018 has called for serving one year in the Government of Karnataka, the remaining two years of service after the completion of the said one year shall not be insisted on the students admitted in the year 2015 and passed out in the year 2018. The bonds of those students who render one year of service as per the Notification dated 28.9.2018 will not be invoked for the remaining two years of service.”
This is a great concession which the State has conferred on the petitioners. Allowing the petitioners to shirk away from the obligation of serving the public, that too for a short period of one year, when the Rule prescribes and the stamped Bond stipulates three years, virtually amounts to placing premium on the unconscionability and bruising the doctrine of pacta sunt servanda [i.e., abide by what is agreed to]; the sanctity of the Rule and the solemnity of the Bond will be at stake. This will not be in the best interest of the State or the Society.
As to arbitrariness in the counseling process and requirement of norms a. All the learned counsel for the petitioners and some of the petitioners in person grieved that the counselling process is being conducted in an unjust,
arbitrary and unreasonable way. The pick and chose principle is adopted by the authorities and so also, the rule of first-come-first serve. The petitioners contend that if the authorities prepare the merit list and thereafter, make the allotment of places/positions, there will be no scope for grieving at all. They further contend that the so called merit list attached to the Statement of Objections filed by the official respondents is only a marks list of the students who selected the Government seats during the counselling and not the List of Comparative Merits of the candidates. There is some force in this contention.
b.To ensure fairness and absence of arbitrariness, a merit list of all the candidates who were called for compulsive counselling has to be prepared as is normally done for the admission to educational institutions or to the public employment. How the merit list should be prepared and what the modalities of the counselling should be are the matters for the State to ponder over. However, till the same is done, the Petitioners cannot be compelled to undergo the counseling process. But at the same time the urgent need of serving hands cannot also be put at a bay. Therefore, it is for the State to take urgent remedial action in this regard.
Counselling Notification and Discriminatory Treatment qua Candidates of yesteryears. a. The last contention of the Petitioners that the impugned Counselling Notification is selectively discriminatory inasmuch as all other candidates who have availed the Government seats in all the preceding years after furnishing similar undertaking have been left to go free, has also some force. Had those candidates also been called for serving the State, the period of service which the candidates now called for counselling, are required to serve probably could have been pro tanto reduced and this would hopefully infuse a sense of justice and fairness to the grieving Petitioners.
b.The contention of the State that the candidates of the previous batches having scattered away and some of them having acquired higher qualification cannot be called for service in terms of their obligation bonds, is legally misconceived. It is not difficult for the State to ascertain the whereabouts of such candidates, with the vast machinery being at its command. Therefore, the State is under an obligation to undertake such an exercise in
fairness to the discriminated petitioners and in the best interest of the public service.
c. The other contention of the State that many of the candidates of the yester years having acquired higher qualifications cannot be called for serving the Government in terms of the bond, is completely misdirected in law. An obligation under Rule 15 (5) of 2006 Rules, accompanied by a duly stamped bond does not cease to be enforceable merely because the obligee has acquired higher qualification. If such persons are not willing to serve, then the State should enforce the bond by initiating coercive proceedings for recovery of the penalty (Rs.50 lakh or Rs.25 lakh as the case may be for each defaulter) and that amount may be used for enhancing the monthly remuneration payable to counselled candidates. It is strange that this aspect has not been pondered over by the State.
Arbitrary absolving of bond obligations on receiving paltry sums when Rules prescribe penalty of Rs./50 Lakh/30 Lakh and consequent loss to the State a. The State on the direction by this Court vide Memo dated 20.12.2018 has furnished certain information which is startling. Admittedly there have been 5,348
candidates who have availed the Government medical seats for P.G. Degree/Diploma during the period between 2008-09 and 2017-18. Of them, only 4,965 candidates alone have furnished the undertaking on stamped paper in terms of Rule 15 (5) of 2006 Rules. The reason as to why from other candidates such undertakings were not secured is not forthcoming. Regarding what action is taken for those responsible for this lapse is also left unanswered despite the direction of this Court dated 06.12.2018.
b. The respondent-State officials are alleged to have absolved several candidates from the obligation to serve after receiving a paltry sum of Rs.1 lakh as against the legally prescribed penalty of Rs.5 lakh & Rs.3 lakh, and post 2013 amendment, Rs.50 lakh & Rs.25 lakh as the case may be. During the period between 2008-09 and 2017-18, there are about 4,965 P.G. Degree/Diploma candidates, who have furnished the undertaking to serve the Government. However, only a small sum of Rs.11.89 crore is stated to have been recovered as penalty, when prima facie it ought to have been a few hundred crore rupees. Matter is more than what meets the eye. This is a very serious matter warranting attention of the State Government/the Comptroller & Auditor General of
India/the Accountant General for the State. More is not necessary to specify and less is insufficient to leave it unsaid.
Whether All India Quota candidates are exempted from bond obligation. The contention of the petitioners that some of them who have availed seats under the All India Quota cannot be compelled to undergo counseling, despite the undertaking given by them on the stamped Bond, is misconceived. The provisions of Rule 15 of 2006 Rules do not exempt them from the obligation. They may constitute a separate class for some other purpose but not for the compulsive counseling. Having taken the seat after furnishing the undertaking, it not open to the obligates to turn around and to try for a repudiation or a repudiation of their liablilty/obligation, at this length of time. An argument to the contrary could offend the texture and architecture of the said rule. This apart, the classification of the candidates as those falling under All India Quota and those who do not so fall, would be plainly discriminatory, there being no intelligible differentia on which such classification is arguably founded, when
Undertaking has been given the said candidates on par with others categories.
As to candidates pursuing higher studies and the deferment of counseling The last contention of the Petitioners that some of them are likely to join higher courses of studies for making value addition and therefore, they should be spared during the tenure of the said courses, being reasonable and fair, is sustainable. Such of the candidates who are slated to join higher courses or the like could be spared subject to the rider that they would come back to serve the Government after the course is over. By doing this, the Undertaking given by the candidates is not dissolved, but its compliance is deferred to the advantage of the candidate and also of the public at large which would avail the services of more qualified doctors than otherwise. Since the Addl. Advocate General has assured such relaxation, subject to all just exceptions, this grievance of the petitioners finds redressal at the hands of the State itself. Therefore, there is no need to deliberate more on this.
In the above circumstances, these writ petitions are allowed in part with the following directions:
(i) the candidates shall not be compelled to undergo counseling under the impugned Counselling Notification dated 28.09.2018 till after a Comparative Merit List of all the candidates in question, barring those who are already serving the Government, is prepared and operated;
(ii) the candidates who before long are slated to go for higher or specialty courses recognized by the RGUHS/Medical Council of India, shall be deferred from counselling on proving their credential by some cogent material, till after the course is complete, regardless of its result, subject to the rider that they Undertake to come back for service after the course period; this concession is available only once;
(iii) the respondents 1 and 2 shall make all endeavours to invoke the Bond Obligation furnished by all the candidates who have availed the Government seats under the aforesaid 2006 Rules, ab inceptio either by calling them for service, and in default for paying the penalty prescribed by Rule 15;
(iv) the Respondent-Government shall within a period of six months formulate a Comprehensive Scheme by laying down the guidelines for the purpose of enforcing
the provisions of Rule 15 of 2006 Rules and for invoking the Undertaking given by the candidates in all the yester years and in future;
(v) the Respondent-Government shall forthwith constitute an inquiry/investigation for penalizing/prosecuting the culpable officials/persons responsible for not securing the Undertaking/Stamped Bond from the candidates who had availed the Government seats under 2006 Rules, and also those who are responsible for absolving the obligee candidates from the Undertaking/Bond by accepting amounts of penalty in sums less than what is prescribed under Rule 15; and (vi) the Respondent-Government shall consider the grievance of the petitioners/candidates for enhancement of monthly stipend/payment keeping in view all relevant factors including the Pay Scale admissible to the posts in respect of which they are to undergo counseling. Costs made easy.
Sd/- JUDGE
Snb/