IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI WRIT APPEAL No.4319/2013 (S-RES) BETWEEN:
Dr. INBANATHAN S/O. A. JAGANATHAN, AGED ABOUT 52 YEARS, WORKING AS ASSOCIATE PROFESSOR, DEPARTMENT OF GENERAL MEDICINE, MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE, MYSORE – 570 001, RESIDING AT NO.569, A1 BLOCK, 4TH MAIN, VIJAYANAGAR III STAGE, MYSORE – 570 007. ... APPELLANT (BY SRI NARAYANA BHAT M., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, MEDICAL EDUCATION DEPARTMENT, VIKASA SOUDHA, BANGALORE – 560 001.
2. MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE, REPRESENTED BY ITS DEAN, AND DIRECTOR, MYSORE – 570 001.
3. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, VIKASA SOUDHA, BANGALORE – 560 001.
4. THE DIRECTOR, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, ANANDA RAO CIRCLE, BANGALORE – 560 009.
5. DIRECTOR, DEPARTMENT OF MEDICAL EDUCATION, ANANDA RAO CIRCLE, BANGALORE – 560 009.
6. DR. HIMAMANI, ASSOCIATE PROFESSOR IN MMCRI AND NOW DOING DM (NEPHROLOGY) IN INSTITUTE OF NEPHRO UROLOGY, VICTORIA HOSPITAL COMPLEX, BANGALORE – 2. ... RESPONDENTS (BY SRI KIRAN KUMAR, HCGP FOR R-1 & R-3 TO R-5; SRI SUNIL S. RAO, ADVOCATE FOR R-2; SMT. S. AISHWARYA, FOR SRI P.N. RAJESWARA, ADVOCATES FOR R-6) ***** THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.51046/2012 DATED 19/06/2013.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T Learned counsel for appellant submits that a memo has been filed stating that the prayers sought in the writ petition have been granted by respondent No.2 and hence, the writ appeal may be disposed of. A memo has also been filed in that regard wherein, it is stated that respondent No.2 has promoted the appellant to the post of Professor by order dated 27/01/2017 and has been made Head of the Department of Medicines w.e.f. 01/06/2019 (Annexure “S”). A declaration has also been made by respondent No.2 before the Medical Council of India that the appellant has been made Associate Professor w.e.f. 03/08/2006 up to 21/08/2012 and as Professor from 22/08/2012 onwards vide Annexure – II.
2. Learned counsel for appellant further submits that the appellant has been placed above respondent No.6 in the seniority list. That respondent No.6 has been transferred to the Department of Nephrology by order dated 02/01/2015, as per Annexure “T”. In the circumstances, appellant’s counsel submits that the writ appeal may be disposed of since the prayer sought for by the appellant in the writ petition has been granted.
3. Learned H.C.G.P., appearing for respondent No.1 and respondent Nos.3 to 5 and learned counsel for respondent No.6 have no objection for the writ petition to be disposed of in terms of the memo.
4. Since the prayer sought for by the petitioner in the writ petition have been granted during the pendency of this appeal, no further aspect of the matter needs to be considered. The writ appeal would not survive for consideration and is accordingly, disposed.
In view of the disposal of the writ appeal, all pending applications stand disposed.
Sd/- JUDGE Sd/- JUDGE *mvs