SRI. VINAY POTAGOLI, vs. THE STATE OF KARNATAKA

: 1 : IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH DATED THIS THE 19TH DAY OF OCTOBER, 2016 BEFORE THE HON’BLE MR.JUSTICE B.SREENIVASE GOWDA WRIT PETITIONS NO.103030-103034/2016 & 103039-103053/2016 (S-PRO) BETWEEN : 1. SRI. VINAY POTAGOLI, S/O ALFRED POTAGOLI, AGED ABOUT 32 YEARS, STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI. R/O. HOUSE NO.56, GOLDEN PARK, VIJAYANAGAR EXTENSION, HUBBALLI-580032, DHARWAD DIST. *SMT.SUMITHRA JYOTHI D/O BASAVARAJAPPA JYOTHI, AGED ABOUT 36 YEARS, STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI. R/O. HOUSE NO.5, BLOCK NO.1, CLASS-C, QUARTERS, KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST. 2. SRI.CHANDRAKANT BAJANTRI S/O ADIVEPPA, AGED ABOUT 35 YEARS, STAFF NURSE FOR CATH LAB. KIMS, HUBBALLI. R/O. HOUSE NO.12, BLOCK NO.2, CLASS-C, QUARTERS, KIMS CAMPUS, *Vide Court Order dated 19.10.2016, name of Smt. Sumithra Jyothi is deleted.

: 2 : HUBBALLI-580022, DHARWAD DIST. 3. SRI.DINESH K.N. S/O NARASHIMA BHANDARI, AGED ABOUT 33 YEARS, STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI, R/O. HOUSE NO.16, BLOCK NO.2, CLASS-C, QUARTERS, KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST. 4. SMT.SOPHIA KARBY D/O SUMANT, AGED ABOUT 45 YEARS, STAFF NURSE FOR CATH LAB. KIMS, HUBBALLI, R/O. C/O. SATISH S THITE, UDAYANAGAR, SADANAKERI, DHARWAD 580008, DHARWAD DIST. 5. SMT.SARASWATI KASHENAVAR, D/O ARJUON KASHENNVAR, AGED ABOUT 34 YEARS, STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI, R/O. HOUSE NO.7, BLOCK NO.2, CLASS-C, QUARTERS, KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST. 6. SMT.ELIZABETH SALER, D/O ROBERT, AGED ABOUT 31 YEARS, STAFF NURSE FOR CATH LAB. KIMS, HUBBALLI, R/O. HOUSE NO.12, BLOCK NO.3, CLASS-C, QUARTERS, KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST.

: 3 : 7. SMT.SUNITHA KAMBLE, D/O BASAVANNI, AGED ABOUT 39 YEARS, STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI, R/O. C/O. HEMANDRA B. SHET, HOUSE NO.303, 3RD CROSS, OPP. INCOME TAX OFFICE, VIDYANAGAR, HUBLI. 580021. DHARWAD. DIST. 8. SMT.CHANNAMMA HARIJAN, D/O GOVIND, AGED ABOUT 31 YEARS, STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI, R/O. HOUSE NO.6, CLASS-C, QUARTERS, KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST. 9. SMT.RENUKA BALLARY D/O MALLIKARJUNA AGED ABOUT 35 YEARS, STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI, R/O. C/O. SULOCHANA M.BALLARY, SOMESHWAR NAGAR, HUGAR PLOT, GIRIYAL ROAD, OLD HUBBALLI. 580024. DHARWAD. DIST. 10. SMT.PARVATHMMA K. D/O NINGACHAR K., AGED ABOUT 32 YEARS, STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI, R/O. HOUSE NO.12, BLOCK NO.1, CLASS-C, QUARTERS, KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST. 11. SMT.SUMANGALA NEERAJIDDI D/O. MAHADEVAPPA, AGED ABOUT 30 YEARS,

: 4 : STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI, R/O. HOUSE NO.10, BLOCK NO.3, CLASS-C, QUARTERS, KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST. 12. SMT.NEELAVATHI G. D/O GURUSWAMY G., AGED ABOUT 31 YEARS, STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI, R/O. C/O. SRINIVAS TELAGU, FISH MARKET ROAD, MANIKILLA, DHARWAD.580008. DHARWAD. DIST. 13. SMKT.RAJESHWARI B.C. D/O BANGARAPPA, AGED ABOUT 31 YEARS, STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI, R/O. HOUSE NO.17, BLOCK NO.1, CLASS-C, QUARTERS, KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST. 14. SMT.RASHMI SHENDAGI D/O NAGENDRA, AGED ABOUT 31 YEARS, STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI, R/O. HOUSE NO.5, CLASS-C, QUARTERS, KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST. 15. SRI.SHIVANANDA HONAKERI S/O. HARISCHANDRA, AGED ABOUT 32 YEARS, STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI, R/O. HOUSE NO.2, BLOCK NO.2, CLASS-C, QUARTERS, KIMS CAMPUS,

: 5 : HUBBALLI-580022, DHARWAD DIST. 16. SRI.BASAVARAJ POOJARI, S/O REVAPPA POOJARI, AGED ABOUT 32 YEARS, STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI, R/O. HOUSE NO.2, BLOCK NO.2, CLASS-C, QUARTERS, KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST. 17. SRI.BASAVARAJ H. S/O HOLIBASAPPA, AGED ABOUT 35 YEARS, STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI, R/O. HOUSE NO.7, BLOCK NO.1, CLASS-C, QUARTERS, KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST. 18. SRI.BHARAT KALAL, S/O SRIMANT, AGED ABOUT 34 YEARS, STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI, R/O. HOUSE NO.9, BLOCK NO.3, CLASS-C, QUARTERS, KIMS CAMPUS, HUBBALLI-580022, DHARWAD DIST. 19. SRI.SHRIKANT YAKKUNDI S/O CHANNAPPA, AGED ABOUT 35 YEARS, STAFF NURSE FOR CATH LAB, KIMS, HUBBALLI, R/O. HOUSE NO.302, L.I.G., NAVANGAR-HUBBALLI, HUBBALLI-580025, DHARWAD DIST. ..... PETITIONERS (BY SRI M S HARAVI, ADV.)

: 6 : AND : 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO HEALTH AND FAMILY WELFARE DEPARTMENT (MEDICAL EDUCATION), VIKAS SOUDHA, BENGALURU-560001. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO HEALTH AND FAMILY WELFARE DEPARTMENT, VIKAS SOUDHA, BENGALURU-560001. 3. THE ADMINISTRATOR-2, HEALTH AND FAMILY WELFARE SERVICES, ANAND RAO-CIRCLE, BENGALURU. 4. THE DIRECTOR, HEALTH AND FAMILY WELFARE DEPARTMENT, ANAND RAO-CIRCLE, BENGALURU. 5. THE DIRECTOR, THE KARNATAKA INSTITUTE OF MEDICAL SCIENCE (KIMS), HUBBALLI. 580022. 6. THE CHIEF EXECUTIVE OFFICER, THE KARNATAKA INSTITUTE OF MEDICAL SCIENCE (KIMS), HUBBALLI. 580022. ..... RESPONDENTS (BY SRI M. KUMAR, AGA FOR R1-R4 SRI H.R. GUNDAPPA, ADV. FOR R-5 & 6) THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO:

: 7 : A. QUASH THE CIRCULAR ISSUED BY THE 3RD RESPONDENT DATED 22.03.2016 AS PER ANNEXURE-H, IN SO FAR AS 5TH RESPONDENT INSTITUTE IS CONCERNED, B. DIRECT THE 5TH RESPONDENT TO GIVE PROMOTION TO THE PETITIONERS TO THE POST OF SENIOR STAFF NURSE, GRADE I AND II UNDER CLEAR VACANT POST OF 23 IN THE 5TH RESPONDENT INSTITUTE AND C. DIRECT THE RESPONDENT NO.1 TO 4 TO NOT POST/DEPUTE ANY OF ITS EMPLOYEES ON PROMOTION TO THE POST OF SENIOR STAFF NURSE GRADE I AND II TO THE 5TH RESPONDENT INSTITUTE. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Petitioners have filed these writ petitions seeking the following reliefs: a. Issue a writ of certiorari or any other writ or order quashing the circular issued by the 3rd respondent bearing No.NRS (1) 81/15-16, dated 22.03.2016 as per Annexure-H, in so far as 5th respondent institute is concerned, b. Issue a writ, order or direction in the nature of mandamus directing the 5th respondent to give promotion to the petitioners to the post of Senior Staff Nurse, Grade I and II under clear vacant post of 23 in the 5th respondent institute and

: 8 : c. Issue a writ, order or direction in the nature of mandamus directing the respondents No.1 to 4 to not post/depute any of its employees on promotion to the post of Senior Staff Nurse Grade I and II to the 5th respondent institute. 2. Heard the learned counsel for the petitioners, learned Government Advocate appearing for respondents No.1 to 4 and learned counsel for respondents No.5 and 6. Perused the impugned order. 3. Sri M.S. Haravi, learned counsel for the petitioners fairly submits that the petitioners are not pressing the prayer made at (A) for the present. He submits that prayer made at (C) may be rejected as the same does not survive for consideration and he prays for allowing the prayer made at (B) by directing respondents No.5 & 6 to consider the representations submitted by the petitioners at Annexures-C and G. 4. Sri H.R. Gundappa, learned counsel for respondents No.5 and 6 submits respondents No.5 and 6 may be granted three months’ time to consider the

: 9 : representations submitted by the petitioners at Annexures-C and G. 5. Whereas Sri Ravi Hosamani, learned Government Advocate for the respondents No.1 to 4 submits that respondents No.1 to 4 are only formal parties to the proceedings and they have no objection for issuing necessary direction to the respondents No.5 and 6 to consider the representations submitted by the petitioners vide Annexures- C and G. 6. Submissions of the learned counsel for the parties are placed on record. Hence, the following: ORDER 1) Prayer made at (A) is rejected as not pressed for the present as per the submission made by the learned counsel for the petitioners. 2) Prayer made at (B) is allowed and Respondents No.5 and 6 are directed to consider the representations submitted by the petitioners at Annexures-C and G on merits and in accordance with law within a

: 10 : period of three months from the date of receipt of a copy of this order. 3) Prayer made at (C) is rejected as does not survive for consideration as per the submission made by the learned counsel for the petitioners. Sd/- JUDGE Naa