IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NOS.45014-16/2017 (S-RES) BETWEEN:
1. DR. J.V.SATHISH, S/O J.T.VENKATARAMA SHETTY, AGED ABOUT 39 YEARS, WORKING AS ASSOCIATE PROFESSOR, DEPARTMENT OF MICROBIOLOGY, CHAMARAJANAGAR INSTITUTE OF MEDICAL SCIENCES, SURVEY NO.124, YEDAPURA, KASABA HOBLI, CHAMARAJANAGAR-571 313.
2. DR. H.R.VANISRI, W/O Dr. T.S.SUBASH, AGED ABOUT 41 YEARS, WORKING AS ASSOCIATE PROFESSOR, DEPARTMENT OF PATHOLOGY, CHAMARAJANAGAR INSTITUTE OF MEDICAL SCIENCES, SURVEY NO.124, YEDAPURA, KASABA HOBLI, CHAMARAJANAGAR-571 313.
3. DR. GIRISH.B, S/O BALARAMA, AGED ABOUT 34 YEARS, WORKING AS ASSOCIATE PROFESSOR, DEPARTMENT OF COMMUNITY MEDICINE, CHAMARAJANAGAR INSTITUTE OF MEDICAL SCIENCES, SURVEY NO.124, YEDAPURA, KASABA HOBLI, CHAMARAJANAGAR-571 313.
… PETITIONERS (BY SRI. ASHWINI RAJAGOPAL., ADVOCATE) AND:
1. CHAMARAJANAGAR INSTITUTE OF MEDICAL SCIENCES (AN AUTONOMOUS INSTITUTE OF GOVERNMENT OF KARNATAKA), SURVEY NO.124, YEDAPURA, KASABA HOBLI, CHAMARAJANAGAR-571 313 CHAMARAJANAGAR DISTRICT, REPRESENTED BY ITS DIRECTOR AND DEAN.
2. STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF MEDICAL EDUCATION, M.S.BUILDING, BENGALURU-560 001.
3. DR. T.N.CHANDRASHEKAR, DIRECTOR & DEAN, CHAMARAJANAGAR INSTITUTE OF MEDICAL SCIENCES, SURVEY NO.124, YEDAPURA, KASABA HOBLI, CHAMARAJANAGAR-571 313, CHAMARAJANAGAR DISTRICT.
4. SMT. MANJULA .V, ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT & CHAIRMAN, DEPARTMENTAL PROMOTION COMMITTEE, CIMS, DEPARTMETN OF MEDICAL EDUCATION, ROOM NO.610, 6TH FLOOR, 4TH GATE, M.S.BUILDING, BENGALURU-560 001.
... RESPONDENTS (BY SRI. R.S.RAVI, ADVOCATE FOR R1; SRI SRIDHAR N.HEGDE, HCGP FOR R2;
NOTICE TO R3 & R4 SERVED AND UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO THE ENDORSEMENT DATED 25.9.2017; QUASH PROCEEDINGS OF THE DEPARTMENTAL PROMOTION COMMITTEE OF THE R-1 HELD ON 16.9.2017 VIDE ANNEXURE-A TO THE WRIT PETITION IN SO FAR AS IT CONCERNS THE PETITIONER AND GRANT ALL CONSEQUENTIAL BENEFITS AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
R.DEVDAS J., (ORAL):
O R D E R The learned counsel for petitioners has filed a memo dated 29.01.2019 stating that during the pendency of the writ petitions respondent No.1 issued a circular dated 18.01.2019 calling for applications to fill up the posts of Professor and Associate Professor, by promotion. The petitioners herein have applied for the same and the petitioners are informed by respondent No.1-Institute that their case for promotion would be considered in terms of the judgment dated 03.05.2017 in W.P.Nos.41788- 790/2016. Under these circumstances, the petitioners seek leave of this Court to withdraw these petitions, reserving liberty to the petitioners to initiate proceedings on the same cause of action, if so required.
2. The memo is taken on record.
3. These petitions are dismissed as withdrawn.
However, liberty is reserved to the petitioners to initiate proceedings on the same cause of action, if the assurance given by the respondent No.1 is not considered favorably.
sd/- JUDGE DS/KLV