NAGARAJ S/O MARABASAPPA AKKI vs. KARNATAKA INSTITUTE OF MEDICAL SCIENCES

IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD. DATED THIS THE 6Th DAY OF MARCH 2012 BEFORE THE HON’BLE MR.JUSTICE N.K.PATIL WRIT PETITION NOs.62758 - 62760/2009 (S-RES) C/W WRIT PETITION NOs.64088/2009, 12522/2009 62856/2009, 62909/2009. 64104 — 64 129/2009 AND 629 15/2009 (S-RES) A/W MISC.W.61088/2009 IN WRIT PETITION NOs.62758 - 62760/2009 BETWEEN: NAGARAJ S/0 MARABASAPPA AKKI Age:31 YEARS 0CC: LAB TECHNICIAN R/O GANESHNAGAR, II CROSS ANANDNAGAR ROAD, OLD HUBLI HUBLI, DIST: DHARWAD 2. SASHIREKHA D/O. SUBBRAY ANANT DIVEKAR Age: 22 YEARS 0CC: LAB.TECH. R/O LAXMINIVAS, BEHIND ROTARY EYE HOSPITAL, COURT ROAD, SIRSI DIST: U.K., 3. SUJATAJ WILSON W/O SANGAMESH KADADALLI Age:33 YEARS

2 0CC: LAB.TECH. R/0. SAGAR NIVAS, NEAR ASHA FEEDS, H.NO.52, NEKARNAGAR, OLD HUBLI HUBLI, DIST: DHARWAD, PETITIONERS (BY SRI: DINESH M KULKARNI, ADV.) AND: 1. KARNATAKA INSTITUTE OF MEDICAL SCIENCES VIDYANAGAR, HUBLI R/B ITS DIRECTOR 2. THE STATE OF KARNATAKA R/B THE SECRETARY MEDICAL EDUCATION, M S BUILDING, BANGALORE 3. MANJULA V YALIGAR KARNATAKA CIRCLE NAVANAGAR, HUBLI 4. GEETASMIRAJI W/O MALLAPPA TADASAD WADKAR BUILDING, ASHIRWAD NILAYA UNAKAL, HUBLI 5. PRATHAM PRABHU HIREPETH ONI, OLD HUBLI UNKAL, HUBLI 6. ASPAKAHMAD CHIKKERUR KOPPADKERI, M.B.NAGAR, DHARWAD 7. MAHESH K.G., ANANATH RAO COMPOUND, SHANTI COLONY VIDYANAGAR, HUBLI 8. NELSON HAWALAD JANNATH NAGAR, MASJEID ROAD, TOLL NAKA, DHARWAD

3 9. JAGADISH KOTRASHE’ITI SIDDAROAD COLONY MADIHAL. DHARWAD 10. VIJAYA PATI’ED C/O S V HAVALOOR SHIRUR PARK, 2ND STAGE, PLOT NO.81 VIDYANAGAR, HUBLI 11. NAGARAJ PATREANGADI MANJUNATH NAGAI, GOKUL ROAD, HUBLI 12. ANITA M DANDOOTI P0: SIMMAD TQ JAMAKHANDI DIST: BAGALAKOT 13. DAYANAND S JAINAPUR VIDYAGERI MALLIKARJUN NILAYA MANTUR ROAD, MUDHOL 14. CHANNABASAPPA NALKAR C/O KIMS, VIDYANAGAR. HUBLI 15. NAGAVENI P PRAKASH 0/0 JHON MASCRINE VIJAYA NAGAR, HUBLI 16. SHARADA NANDANWADE NAVANAGAR, HUBLI 17. SUSHMA G DESAI C/O R G DESAI NAVODYA NAGAR, OLD HUBLI HUBLI. 18. DEEPA P C/O N.B PATIL MULUGUND NAKA, GADAG 19. ROOPAKARADI WALTER FILTER ROAD, NEAR MINI VIDHANASOUDHA,

4 SAVADATT’I 20. SHWETA KAMBLE C/O.KIMS, VIDYANAGAR HUBLI 21. VENKATESHWAR S, C/O KIMS, VIDYA NAGAR, HUBLI 22. LAKSHMIPATI C.N. C/O.KIMS, VIDYANAGAR HUBLI 23. VASANTH KOLKAR VIDYA NAGAR, HUBLI 24. KSHMAVANI L KUNDAGOL C/O KIMS,VIDYA NAGAR, HUBLI 25. RENUKA GAYAKWAD C/O KIMS,VIDYA NAGAR, HUBLI 26. BASAVARAJ OLEKAR C/O KIMS, VIDYA NAGAR, HUBLI 27. SHRINIVAS K GOUDA AT: K MARABALLI P0 JALVALLI, HONNAVAR DIST: N.K. 28, ARATI M, D/O MANJUNATH KA 6/58 PAPER TOWN BADHRAVATI DIST: SHIMOGA 29. ASHOK MUDDALANAVAR BASAVESHWAR NAGAR, SATTUR,DHARWAD 30. NANDINI C M D/O MOHANSINGH FILTER HOUSE ROAD NEAR CSI CHURCH,

CHITRADU RGA 31. RAVIKUMAR P N C/O KIMS, VIDYANAGAR HUBLI 32. PRATHIBHA HOSAMANI UNIQUE APARTMENT PLOT NO.406, 4TH FLOOR DESHAPANDE NAGAR, HUBLI 33. VEENANAIK CHURCH ROAD, MIRJAN KUMATA DIST: KARWAR 34. MOHAMMAD ILIYAS MORAB DHANDIN ONI, NEAR MAJID SAIDAPUR, DHARWAD 35. SHAHAJAD HIREHAL S. H. HIREHAL AT/P: HEBBAL TQ: SHIRAHATI’I DIST GADAG 36. SANJEEV KUMAR BENAKATrI C/O KIMS, VIDYANAGAR, HUBLI 37. SIDDANAGOUDA K G S/O SHIVAMURTHY P0: KITTUR KURDI TQ: DAVANAGERI (R3 TO R37 ALL ARE MAJOR) ... RESPONDENTS (BY SMT : PARVATI DEVI R.KALAL, ADV. FOR Ri SRI P.H.GOTKHINDI, HCGP. FOR R2. SRI M.R.MULLA, ADV. FOR R3 - 12 AND R14 -37 SRI HARISH S.MAIGUR, ADV. FOR R13) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS PERTAINING TO SELECTION PROCESS OF X RAY/ECHO/CATH LAB/LABORATORY TECHNICIANS BY THE R-i VIDE

6 NOTIFICATION VIDE ANNEXURE-C. TO SET ASIDE SELECTION LIST ISSUED BY R-l DATED 20/4/09 VIDE ANNEXURE-K IN SO FAR AS SELECTION FOR THE POST OF JUNIOR LAB TECHNICIANS IS CONCERNED AS NULL AND VOID, IN WRIT PETITION NO.64088/2009 BETWEEN: PARASHURAM S/O. YELLAPPA KOTI i KYOTI Age:28 YEARS 0CC: LAB TECHNICIAN R/O. NEAR POLICE STATION GAJENDRAGAD TQ - RON, DT - GADAG PETITIONER (By Sri. : DINESH M KULKARNI, ADV.) AND: I. KARNATAKA INSTITUTE OF MEDICAL SCIENCES VIDYANAGAR, HUBLI REPRESENTED BY ITS DIRECTOR 2. THE STATE OF KARNATAKA REP. BY THE SECRETARY MEDICAL EDUCATION M.S.BUILDING BANGALORE 3. VASANT KOLKAR 0CC: LAB TECHNICIAN KIMS, VIDYANAGAR HUBLI RESPONDENTS (By SMT.PARVATI DEVI .R KALAL, ADV. FOR Ri SRI P.H.GOTKHINDI, HCGP. FOR R2 SRI M.R. MULLA, ADV. FOR R3)

7 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS PERTAINING TO SELECTION PROCESS BY THE 1ST RESPONDENT VIDE NOTIFICATION VIDE ANN-A.. SET ASIDE SELECTION LIST ISSUED BY 1ST RESPONDENT DATED 20/4/09 VIDE ANN-H IN SO FAR AS SELECTION FOR THE POST OF JUNIOR LAB- TECHNICIAN UNDER SC QUOTA IS CONCERNED AS NULL AND VOID. IN WRIT PETITION NO.12522/2009 BETWEEN PRAKASH Sb. ANAND GAJAKOSH AGE 35 YEARS 0CC: X-RAY TECHNICIAN R/O. AMBEDKARGALLI TALUK HALIYAL DIST UTI’ARA KANNADA PETITIONER (BY SRI DINESH M.KULKARNI, ADV.) AND 1. KARNATAKA INSTITUTE OF MEDICAL SCIENCES VIDYANAGAR, HUBLI REP BY ITS DIRECTOR 2. THE STATE OF KARNATAKA REP BY THE SECRETARY MEDICAL EDUCATION M S BUILDING, BANGALORE 3. DEVENDRA B KAMBLE AGED 39 YEARS, 0CC: X-RAY TECHNICIAN C/O. V H LAD LAD COMPUND, MICHIGAN COMPOUND SAVrAPUR, DHARWAD RESPONDENTS (BY SMT.PARVATIDEVI R KALAL, ADV. FOR R1&3. SRI P.H,GOTKHINDI, HCGP. FOR R2)

8 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS PERTAINING TO SELECTION PROCESS OF X RAY/ECHO/CATH LAB/LABORAGTORY TECHNICIANS BY THE Ri VIDE NOTIFICATION VIDE ANX-C., SET-ASIDE SELECTION LIST ISSUED BY Ri DT. 20.4.2009, VIDE ANX-F IN SO FAR AS SELECTION FOR THE POST OF X-RAY TECHNICIANS IS CONCERNED AS NULL AND VOID. IN WRIT PETITION NO.62856/2009 BETWEEN SUNANDA M W/O LB BADIGER AGE:29 YEARS 0CC: STAFF-NURSE, R/O H.NO.33, RAJEEVNAGAR, NEW POLICE QUARTERS VIDYANAGAR, HUBLI DT-DHARWAD. PETITIONER (BY SRI DINESH M KULKARNI, ADV.) AND 1. KARNATAKA INSTITUTE OF MEDICAL SCIENCES VIDYANAGAR, HUBLI R/B ITS DEIRECTOR 2. THE STATE OF KARNATAKA RIB THE SECRETARY MEDICAL EDUCATION, M S BUILDING BANGALORE 3. CHANDRAKANT A BAJANTRI Age: 27 YEARS 0CC STAFF NURSE

9 C/O B C KAMBLE, EWS-313 NAVANGAR, HUBLI 4. ANUSUYAPKOTI Age: 29 YEARS 0CC STAFF NURSE C/O C S VIBHUTIMATH, BASAVESHAWAR II CROSS, SA1TUR, DHARWAD 5. PUSHPAKP Age: 28 YEARS 0CC STAFF NURSE KIMS,VIDYANAGAR, HUBLI 6. RAJESHWARI B CHENNAYYA Age: 29 YEARS 0CC STAFF NURSE KIMS,VIDYANAGAR, HUBLI 7. SHENNAMMA GOVIND HARIJAN Age: 26 YEARS 0CC STAFF NURSE C/O SANTOSH G H R.F0.DANDELI DT - UTARA KANNADA RESPONDENTS (BY SMT PARVATI DEVI R.KALAL, ADV. FOR Ri SRI P.H.GOTKHINDI, HCGP. FOR R2. SRI M.R.MULLA, ADV. FOR R3 - R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO : 1. CALL OF ENTIRE RECORDS PERTAINING TO SELECTION PROCESS OF X RAY/ECHO/CATH LAB/LABORATORY TECHNICIANS BY THE 1ST RESPONDENT VIDE NOTIFICATION BEARING NO. KIMS/EST(2) 118/2008-09 VIDE ANNEXURE-A DATED 02/09/2008., 2, SET ASIDE SELECTION LIST ISSUED BY 1ST RESPONDENT DATED 20- 4-2009 VIDE ANNEXURE-J IN SO FAR AS SELECTION FOR THE POST OF NURSES UNDER SC QUOTA IS CONCERNED AS NULL AND VOID.

10 IN WRIT PETITION NO.62909/2009 BETWEEN MOHAMMADSALEEM S/O MOULASAHEB MULLA Age:24 YEARS LAB TECHNICIAN, R/O SHANTESHWARNAGAR AMMINBHAVI TQ & DT - DHARWAD PETITIONER (BY SRI : DINESH M KULKARNI, ADV.) AND 1. KARNATAKA INSTITUTE OF MEDICAL SCIENCES VIDYANAGAR, HUBLI R/B ITS DIRECTOR 2. THE STATE OF KARNATAKA RIB THE SECRETARY MEDICAL EDUCATION, M S BUIDLING BANGALORE 3. MOHAMMAD ILIYAS MORAB Age: 29 YEARS 0CC LAB TECHNICIAN DANDIN ONI NEAR MASJID, SAIDAPUR, DHARWAD RESPONDENTS (BY SMT. PARVATI DEVI R.KALAL, ADV. FOR Ri SRI P.H.GOTKHINDI, HCGP. FOR R2. SRI M.R.MULLA, ADV. FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO SELECTION PROCESS OF X-RAY/ECHO/CATH LAB/LABORATORY TECHNICIANS BY THE 1ST RESPONDENT VIDE

11 NOTIFICATION BEARING NO.KIMS/EST(2) 118/2008-09 VIDE ANNEXURE-C DATED 02/09/2008., SET ASIDE SELECTION LIST ISSUED BY 1ST RESPONDENT DATED 20/04/2009 VIDE ANNEXURE-J IN SO FAR AS SELECTION FOR THE POST OF JUNIOR LAB TECHNICIANS IS CONCERNED AS NULL AND VOID. IN WRIT PETITION NOs,64 104 - 64 129/2009 BETWEEN: 1. JAYASHREE V SHINDE Age:36 YEARS R/O C/O V R SHINDE H NO 5 GURUDEV NAGAR, 3RD CROSS RAJNAGAR HUBLI 2. MANJUNATH CHAVADI Age:32 YEARS R/O R F KATARE NEAR SHANKARLING TEMPLE SHANTI COLONY (NORTH) LOKKAPAN HAKKAL VIDYA NAGAR. HUBLI 3. MARGRET GUDISILAMANI Age:40 YEARS R/O SUNDEKE CHAL ARAVIND NAGAR KARWAR ROAD OLD HUBLI 4. HEMANAND LINGADALLI Age:29 YEARS R/O GIRIJA GABBUR RHTC DEVIKOPPA

12 KALAGATAGI DHARWAD 5. USHAGKALAKAR Age:24 YEARS R/O C/C H G SALIYAN RAJNAGA TURAMARI PLOT DHARWAD 6. MANJUNATH NAVALGUNDA Age:34 YEARS R/O GALl ONI H NO 6 MANGALWAR PETH DHARWAD 7. BASAVARAJ S KAMAKERI AGE:28 YEARS R/O MRUTYNJAY NAGAR MURUGHAMATH COMPOUND DHARWAD 8. ADIVEPPA S BHAVIHAL Age:28 YEARS R/O SHARAN SANGAM PLOT NO 11 & 12 VIKAS NAGAR DHARWAD -01 9. JYOTHI G HURKADLI Age:28 YEARS R/O C/O 0 B HURKADLI TAMBAD ONI AKKI HONDA HUBLI 10. BASAVARAJ B CHEGARADDI Age:33 YEARS

13 R/O H NO 204 SAl PLAZA OLD INCOME TAX OFFICE ROAD VIDYA NAGAR NEAR RAJ NAGAR HUBLI MALLIKARJUN C SHETI’Y Age:35 YEARS R/O QUTERS NO 3 H NO 12 KIMS QUTERS HUBLI 12. SHRIKANT D KULKARNI Age:37 YEARS R/O 2ND CROSS H NO 24A GRUDEV NAGAR NEAR RAJ NAGAR HUBLI 13. KAMAKSH BADIGER Age:33 YEARS R/O C/O L S BADIGER SIDDAKALYAN NAGAR H NO 25 SAT NAGAR ROAD UNKAL HUBLI 14. LALITHA M KANAPUR Age:23 YEARS R/O EWS-579 2\D BUS STOP NAVANAGAR HUBLI 15. AGASTIN J DEVARAJ Age:38 YEARS R/O H NO 41/A, NEHARU NAGAR BEHIND WATER TANK

14 GOKUL ROAD HUBLI 16. VEERESH S Age:23 YEARS R/O C/Q C T BYAHATh H NO 47, SAl COLONY SAl NAGAR HUBLI 17. MKKORTHI Age:43 YEARS R/O A M AINAPUR BEHIND S T QUTERS GOKUL ROAD HUBLI 18. IMTIYAZ AHAMA S SHAIK SANADI Age:28 YEARS R/OHNO17 TASHILADAR GALLI MALAPUR DHARWAD 19. NAGARAJ B RAYANAL Age:27 YEARS R/O 3RD CROSS JANGALI PETH OLD HUBLI HUBLI 20. RUDRAPPA B WARAGUND Age:29 YEARS R/O AT HOOVINSIGLI TQ SAVANUR DIST HAVERI

15 21. SAYED ASHPAQUE SAYED Age:32 YEARS R/O C/O S A GAYYAM SAYYED BUILDING TABIB LAND KULKARNI HAKKAL 1ST CROSS HUBLI 22. FAHIMODDIN A USTAD Age:28 YEARS R/O.AAKHAN GALLI K C C BANK ROAD DHARWAD 23. SANTOSH KOTENNAVER Age:27 YEARS R/O ADRASH NAGAR SOLAPUR ROAD, BIJAPUR 21. ABDUL AZIZ MAKANDAR Age:34 YEARS, R/O H NO 38 AZAD NAGAR 2ND CROSS DHARWAD 25. PRADEEP M KADADGI Age:31 YEARS R/OHNO 18 HOSUR, HUBLI 26. PRAMOD C HULKOPPA Age:23 YEARS R/O MAYUR NAGAR 6TH CROSS ANAND NAGAR OLD HUBLI HUBLI. PETITIONERS (BY SRI DINESH M KULKARNI, ADV.1

16 AND 1. KARNATAKA INSTITUTE OF MEDICAL SCIENCES VIDYANAGAR, HUBLI REP. BY ITS DIRECTOR 2. THE STATE OF KARNATAKA REP. BY THE SECRETARY, MEDICAL EDUCATION M.S.BUILDING, BANGALORE 3. MANJULA V.YALIGAR AGE MAJOR, R/O. KARNATAKA CIRCLE NAVANAGAR, HUBLI 4. GEETA S.MIRAJI, W/O,MALLAPPA TADASAD AGE MAJOR, R/O.WADKAR BUILDING ASHIRWAD NILAYA, UNKAL, HUBLI 5. PRATHAM PRABHU AGE MAJOR, R/O.HIREPETH ONI, OLD HUBLI, HUBLI 6. ASPAKAHMAD CHIKKERUR AGE MAJOR R/O.KOPPADKERI, M.B.NAGAR DHARWAD 7, MAHESH.K.G. AGE MAJOR R/O.ANANATH RAO COMPOUND SHANTI COLONY, VIDYANAGAR HUBLI 8. NELSON HAWALAD AGE MAJOR R/O. JANNATH NAGAR, MASJEID ROAD TOLL NAKA, DHARWAD 9. JAGADISH KOTRASHETI’I AGE MAJOR R/O.SIDDAROAD COLONY. MADIHAL

17 DRARWAD I 0. VIJAYA PATFED AGE MAJOR R/O. C/O.S.V.HAVALOOR, SHIRUR PARK 2ND STAGE, PLOT NO.81 ,VIDYANAGAR HUBLI II. NAGARAJ PATREANGADI AGE MAJOR R/O.MANJUNATH NAGAR, GOKUL ROAD HUBLI 12. ANITA M.DANDOOTI AGE MAJOR R/O. POST SIMMAD, TQ. JAMKHANDI DIST. BAGALKOT 13. DAYANAND S.JAINAPUR AGE MAJOR R/ 0 ,VIDYAGERI MALLIKARJUNNILAYA MANTUR ROAD, MUDHOL 14. CHANNABASAPPA NALKAR AGE MAJOR R/O. KIMS, VIDYANAGAR, HUBLI 15. NAGAVENI P.PRAKASH AGE MAJOR RIO. C/O.JHON MASCRINE, VIJAYANAGAR, HUBLI 16. SHARADA NANDANWADE AGE MAJOR R/O. NAVANAGAR, HUBLI 17. SUSHMA G.DESAI AGE MAJOR R/O. C/O.R.G.DESAI, NAVODYA NAGAR OLD HUBLI, HUBLI

18 18. DEEPA P AGE MAJOR R/O. C/O.N,B.PATIL, MULUGUND NAKA GADAG 19. ROOPAKARADI AGE MAJOR R/O. WALTER FILTER ROAD NEAR MINI VIDHANSOUDHA, SAVADATh 20. SHWETAKAMBLE AGE MAJOR R/O. C/O.KIMS, VIDYANAGAR HUBLI 21. VENKATESHWARS AGE MAJOR R/O.C/O. KIMS VIDYANAGAR HUBLI 22. LAKSHMIPATI.C.N. AGE MAJOR R/O.C/O. KIMS VIDYANAGAR HUBLI 23. VASANTH KOLKAR AGE MAJOR R/O. VIDYANAGAR, HUBLI 24. KSHMAVANI L. KUNDAGOL AGE MAJOR R/O. C/O.KIMS, VIDYANAGAR HUBLI 25. RENUKAGAYAKWAD AGE MAJOR R/O. C/O.KIMS, VIDYANAGAR HUBLI 26. BASAVARAJ OLEKAR AGE MAJOR R/O. C/O.KIMS, VIDYANAGAR HUBLI

19 27, SHRINIVAS K.GOUDA AGE MAJOR RIO. AT:K.MARABALLI, POST JALVALLI HONNAVAR, DIST. N.K. 28. ARATI M., D/O.MANJUNATH AGE MAJOR KA 6/58, PAPER TOWN BHADRAVATI, DIST. SHIMOGA 29. ASHOK MUDDALANAVAR AGE MAJOR R/O,BASWESWAR NAGAR, SATTUR DHARWAD 30. NANDINI C.M., D/O.MOHANSINGH AGE MAJOR R/O.FILTER HOUSE ROAD NEAR CSI CHURCH, CHITRADURGA 31. RAVIKUMAR P.N, AGE MAJOR, R/O. C/O. KIMS, VIDYANAGAR HUBLI 32. PRATHIBHA HOSAMANI AGE MAJOR R/O. UNIQUE APARTMENT, PLOT NO.406 4TH FLOOR, DESHPANDE NAGAR, HUBLI 33. VEENANAIK AGE MAJOR, R/O. CHURCH ROAD, MIRJAN KUMATA. DIST. KARWAR 34. MOHAMMAD ILIYAS MORAB AGE MAJOR, R/O.DHANDIN ONI, NEAR MASJID SAIDAPUR, DHARWAD 35. SHAHAJAD HIREHAL AGE MAJOR, R/O. S.H.HIREHAL AT/P. HEBBAL, TQ. SHIRAHATI DIST. GADAG

20 36. SANJEEV KUMAR BENAKATh AGE MAJOR RIO. C/O. KIMS, VIDYANAGAR HUBLI 37. SIDDANAGOUDA.K.G., S/O.SHIVAMURTHY AGE MAJOR R/O. POST Kfl1UR KURDI TQ. DAVANAGERI RESPONDENTS (BY SMT: PARVATI DEVI R.KALAL, ADV. FOR Ri SRI P.H.GOTKHINDI, HCGP. FOR R2. SRI M,R.MULLA, ADV. FOR R3 - 12 AND R14 - 37) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS PERTAINING TO SELECTION PROCESS BY THE 1ST RESPONDENT VIDE NOTIFICATION DATED 2/9/08 VIDE ANN-C., SET ASIDE SELECTION LIST ISSUED BY 1ST RES DATED 204/09 VIDE ANN-F IN SO FAR AS SELECTIONJ FOR THE POST OF JUNIOR LAB TECHNICIANS IS CONCERNED AS NULL AND VOID. IN WRIT PETITION NO.62915/2009 A/W MISC.W.61088/2009 BETWEEN BASAVVA D/O CHANNAPPA KADAPPANAVAR 6TH BLOCK QUARTERS ROOM NO.26 KIMS HOSPITAL,VIDYANAGAR,HUBLI DT - DISTRICT PETITIONER (BY SRI DINESH M KULKARNI, ADV.) (COMMON) AND I. KARNATAKA INSTITUTE OF MEDICAL SCIENCES VIDYANAGAR HUBLI R/B ITS DIRECTOR 2. THE STATE OF KARNATAKA R/B THE SECRETARY MEDICAL EDUCATION, M S BUILDING,

21 BANGALOR RESPONDENTS (BY SMT: PARVATI DEVI R.KALAL, ADV. FOR Ri SRI P.H.GOTKHINDI, HCGP. FOR R2. SRI M.R.MULLA, ADV, FOR PROPOSED Ri - 22) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO : 1. CALL FOR ENTIRE RECORDS PERTAINING TO SELECTION PROCESS OF X RAY/ECHO/CATH LAB/LABORATORY TECHNICIANS BY THE 1ST RESPONDENT VIDE NOTIFICATION BEARING NO.KIMS/EST(2)118/2008-09 VIDE ANNEXURE-C., 2. SET ASIDE SELECTION LIST ISSUED BY 1ST RESPONDENT DATED 20/04/2009 VIDE ANNDEXURE-L. MISC.W.61088/2009 IS FILED UNDER ORDER 1 RULE 10 OF CPC FOR IMPLEADING. THESE WRIT PETITIONS AND MISC.W. COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER All these petitioners assailing the correctness of the selection list issued by the 1st respondent dated 20/4/2009, in sofaras selection for the post of Junior Lab Technicians is concerned, as null and void, vide Annexure-C have presented these petitions. 2. All these petitioners contend that respondent No. 1 is an Autonomous Body having its own By-laws and controlled /

by the Government of Karnataka within the meaning of Article 12 of the Constitution of India. Hence, it is amenable to writ jurisdiction. 3. Petitioners were appointed as Junior Lab Technicians, X-ray Technicians and Nurses through agency and are working for nearly more than 8 years. In the year 2006 itself they made a representation to the concerned Honbie Minister to consider them for appointment as permanent employees as they duly qualified for the said post. The Hon’ble Minister permitted the 1st respondent to submit proposal for regularization of the employees who are working on agency basis. The 1st respondent in response to that submitted a proposal on 19/8/2006. Inspite of that no proper steps were taken. All of a sudden respondents issued a Notification dated 2/9/2008 bearing No.KIMS/EST(2) 118/2008-09 calling for applications for appointment of X ray/Echo/CATH/Lab/Laboratorv Technicians. The said Notification is also not clear regarding mode of appointment whether direct or through any written test etc. The ‘4/ /

petitioners were anticipating the process of regularization, which was initiated. However under the threat of loosing the job they also applied for appointment. The petitioners are qualified having requisite qualification and also belonging to the rural area, applied for the post of Junior Lab Technician. The copy of the application, experience certificate, marks card issued by Para Medical Board, rural certificates are produced. The petitioners who were working on agency basis were qualified and entitled for the appointment. But, 1st respondent has published the selection list by selecting 31 persons, excluding the petitioners who were already working on agency basis. The certified copy of selection list is not issued to the petitioners. The copy of the selection list is typed and produced herewith as Annexure-K. The selection procedure adopted by the 1st respondent is quite contrary to the KIMS By-laws and Notification and also the provisions of KCS Rules. Therefore, petitioners have challenged the selection list issued by the first respondent, by presenting these petitions. / — /

24 4. The specific ground urged by the petitioners in all these writ petitions is that respondent No. 1 adopted a strange procedure in the appointment process from the stage of issuance of Notification to the process of selection of Junior Lab Technicians. The selection list does not disclose the category of the candidate under which he/she is selected. The notification discloses various reservations and accordingly petitioners have submitted their applications along with necessary certificates. Therefore, the selection has become void, as it is contrary to the Notification and is liable to be set aside. Petitioners are more meritorious than the selected candidates and from different category candidates with less marks and less experienced candidates are selected. Therefore, entire selection is biased and not based on merit. Even the authority has failed to take into consideration some of petitioners who are capable and belong to backward community, OBC etc. Petitioners are already working as Junior Lab Technicians since several years and their proposal for regularization is pending consideration. At this stage

25 without selecting the petitioners, 1st respondent has selected others who are not placed better than petitioners. This amounts to violation of right of employment of the petitioners. The entire selection process adopted by the 1st respondent is not transparent, the mode of selection is suspicious and biased. The non-disclosure of particulars of selected candidates in the selection list itself is a prima facie material to draw adverse inference against the respondent No. 1. On this ground also the selection list is liable to be quashed. 5. Per contra, learned counsel appearing for the respondents iriteralia contended and substantiated that the impugned selection list is issued after following due procedure followed as per By-laws of the first respondent. Candidates who have been selected are purely on merit without taking into consideration the experience, practical knowledge and other extra curricular activities and infact they have filed detailed statement of objection pointing out as to how they secured marks better than these petitioners, in oral and their written test and performance is far better than 4 /

26 the petitioners in respect of labs where they were working. They have produced necessary documents along with objections to the selection list for Junior Lab Technicians vide Annexure-Ri wherein they have appointed category wise, based on percentage, experience, marks obtained by the respective candidate under different category. 6. In WP 62758-760/2009, sofaras the third petitioner is concerned, selected candidate has secured more marks and rejected the claim of the petitioner giving the benefit under III Group Reservation Category and petitioner No.1 is already appointed in a Government Hospital at Raichur and is serving there. Petitioner No.2 is doing her B.Sc. in Laboratory Technology Course at Bangalore. The respondent has produced the Selection list copy, with names, their age, percentage of marks secured in Para-Medical Course, their experience with detailed chart. It clearly discloses that appointment made by the respondents is purely on merits, adopting Reservation Policy as notified. The selection process adopted by the first respondent is not transparent and mode J

27 of selection is biased. The said allegations are without any foundation and contrary to Annexure R- 1. It is incorrect to say that the selection List does not disclose the particulars of selected candidates. The selection list of respondent No.1 clearly discloses the category under which the candidates have been selected as per the notification. More or less the Notification of respondent No.1 for appointment of eligible candidates published in news paper dated 2/9/2008 is not challenged by the petitioners. There was a Selection Committee as per the KIMS By-laws for selection of the candidates and the said committee has followed the rules and procedure laid down for appointments. There is no illegality or irregularity as such committed by the Selection Committee, while selecting the candidates. The petitioners who were not meritorious, have wildly alleged against respondent No.1 with an ulterior motive. Therefore, the prayer sought in these petitions by the petitioners is misconceived and is liable to be rejected at threshold.

28 7. After careful consideration of the grounds urged by the petitioners, in the instant petitions and stand taken by the respondents and perusal of the Annexure R 1, this Court has rightly refused to continue the interim order of status- quo granted earlier and interim prayer sought in the writ petitions were rejected by order dated 25/1/20 10. 8. After careful perusal of the stand taken by the respondents specifically with reference to Annexure-R 1, authorities have followed the procedure and mode of selection as per terms and conditions notified in By-laws of the first respondent. Selection committee consists of experts in the relevant filed having rich knowledge and are well acquainted with the procedures for selection category wise. Taking into consideration the marks secured by the candidate in the examination, performance, experience certificate, certificate issued by the concerned authorised officer regarding their experience, practical knowledge of work in the lab, all the candidates herein are selected on merit basis, having regard to their better marks, better experience. Therefore, this Court 4’

29 has rightly refused to continue the interim order. The continuation of the interim order is declined and some of the petitioners already selected and working in the Government institutions and some are prosecuting their further studies. Taking into consideration all these relevant aspects and due to efflux of time, the prayer sought by the petitioners, may not survive for consideration and interference by this Court is not called for, nor I find any good ground to interfere in these writ petitions. Hence, all these petitions are dismissed as being devoid of merits. 9. In view of disposal of the main petition on merits, the prayer sought in the Misc.W.6l088/2009 does not survive for consideration and is accordingly dismissed as having become infructuous. Sd! JUpG Vmb