IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.43017 OF 2016(S-RES) C/W WRIT PETITION NO.43322 OF 2016(S-RES) IN W.P. NO.43017 OF 2016 BETWEEN DR.DEEPAK.V S/O SRI VENKATESH H S AGED ABOUT 30 YEARS, R/AT NO.17, 2ND CROSS, SAI NAGAR, AREHALLI, UTTARAHALLI, BANGALORE-560061 (BY SRI M S BHAGWAT, ADVOCATE) AND 1. THE GOVERNMENT DENTAL COLLEGE & RESEARCH INSTITUTE, (AN AUTONOMOUS INSTITUTE BY THE GOVERNMENT OF KARNATAKA) REPRESENTED BY ITS DEAN CUM DIRECTOR, NEAR CITY MARKET, VICTORIA HOSPITAL,KALASIPALAYAM, BENGALURU, KARNATAKA-560002 ... PETITIONER 2. THE SELECTION COMMITTEE REPRESENTED BY ITS CHAIRMAN, THE GOVERNMENT DENTAL COLLEGE & RESEARCH INSTITUTE, NEAR CITY MARKET, VICTORIA HOSPITAL, KALASIPALYAM, BENGALURU, KARNATAKA-560002 3. THE GOVERNING COUNCIL REPRESENTED CHIEF EXECUTIVE OFFICER, NEAR CITY MARKET, VICTORIA HOSPITAL, KALASIPALYAM, BENGALURU, KARNATAKA-560002 4. DR. CHARAN GOWDA B.K S/O B M KADAIAH, AGED 38 YEARS, R/AT NO. 490, 1ST MAIN ROAD, A.G.S. LAYOUT, UTTARAHALLI, BANGALORE-560061.
(BY SRI K SREEDHAR, ADVOCATE FOR R1 TO R3 SRI CHANDRAKANTH R GOULAY, ADVOCATE ... RESPONDENTS A/W SRI J.SATHISH KUMAR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER FOR APPOINTMENT TO THE POST ASSISTANT PROFESSOR IN THE DEPARTMENT OF FORENSIC ODONTOLOGY. IN THE R-1 COLLEGE AND APPOINT HIM TO THE SAID POST IF HE IS FOUND OTHERWISE ELIGIBLE AND ENTITLED IN ACCORDANCE WITH LAW AND ETC.
IN W.P. NO.43322 OF 2016 BETWEEN DR KANCHANA R GHODKE D/O K.RAMESH GHODKE, AGED ABOUT 28 YEARS, RESIDING AT NO.400, 10TH MAIN, B BLOCK, J.P.NAGAR MYSORE-570028 (BY SRI G K BHAT, ADVOCATE) AND 1. THE DIRECTOR GOVERNMENT DENTAL COLLEGE AND RESEARCH INSTITUTE AND AUTONOMOUS INSTITUTION, UNDER THE GOVERNMENT OF KARNATAKA VICTORIA HOSPITAL, CAMPUS FORT BENGALURU-560 002 2. DR. CHARANGOWDA B.K. S/O B M KADAIAH, AGED 38 YEARS, R/AT NO. 490, 1ST MAIN ROAD, A.G.S. LAYOUT, UTTARAHALLI, BANGALORE-560061.
(BY SRI K SREEDHAR, ADVOCATE FOR R1 SRI SRINIVASA RAGHAVAN, ADVOCATE FOR R2) ... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION DTD.22.7.2016 VIDE ANNEX-D AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
The petitioners in both these matters claimed to be qualified Dentists having completed the course of Dental Surgery. Respondents No.1 is an autonomous institution. A notification dated 22.07.2016 was issued by the respondent institution calling for application to fill up the posts of Associate Professors and Assistant Professors in the Department of Odontology. In both these petitions, the selection to the post of Assistant Professors is called in question.
2. Learned Counsel for respondent No.4 in W.P.No.43027/16 submits that he has no objection if the matter could be disposed of directing the respondent institution to consider the case on merit having regard to the educational qualification and other eligibility as on the date of the notification issued by the respondent institution. Learned counsels for the petitioners and other respondents have no objection in this regard.
3. In the light of the above, the endorsement dated 01.08.2016 issued by the respondent No.1 in W.P.No.43017/2016 is set-aside, while directing the respondents to reconsider the application made by the petitioners in both these petitions on the basis of the educational qualification and other criteria as prescribed under the impugned notification dated 22.07.2016 as on the date of the notification and pass orders in accordance with law.
With these observations, these petitions stand disposed of.
KLY/ SD/- JUDGE