IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.39414 OF 2019 (S-PRO) BETWEEN:
DR. PRADEEP KUMAR C.N S/O SRI LATE D. NAGARAJAIAH AGED ABOUT 38 YEARS ASSISTANT PROFESSOR DEPARTMENT OF RADIOLOGY MYSORE MEDICAL COLLEGE & RESEARCH INSTITUTE, MYSORE R/AT # 371, SAMHITA 2ND MAIN, 3RD CROSS NIVEDITANAGAR MYSORE-570 022 … PETITIONER (BY SHRI. VIJAY KUMAR, ADVOCATE) AND:
1. MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE REP. BY ITS CHAIRMAN IRWIN ROAD MYSORE-570 001 2. THE DIRECTOR & DEAN MYSORE MEDICAL COLLEGE & RESEARCH INSTITUTE IRWIN ROAD MYSORE-570 001 3. DR. HEMANTH P.N ASSOCIATE PROFESSOR DEPARTMENT OF RADIOLOGY MYSORE MEDICAL COLLEGE & RESEARCH INSTITUTE MYSORE-570 001 ... RESPONDENTS (BY SHRI. CHANDRAKANTH R. GOULAY, ADVOCATE FOR R1 & R2; SHRI. RANGANATHA S. JOIS, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO ISSUE OF THE IMPUGNED NOTIFICATION DATED 13.05.2019 ISSUED BY THE R-2 VIDE ANNEXURE-M AND AFTER PERUSAL SET ASIDE THE SAME IN SO FAR AS IT RELATES TO THE PROMOTION OF THE R-3 TO THE POST OF ASSOCIATE PROFESSOR IN THE DEPARTMENT OF RADIOLOGY AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri Vijay Kumar, learned advocate for petitioner, Shri Chandrakanth R.Goulay, learned advocate for respondents No.1 & 2 and Shri Ranganatha S.Jois, learned advocate for respondent No.3.
2. Petitioner and respondent No.3 are doctors specialized in radiology. They were working in the cadre of Assistant professors in Mysore Medical College & Research Institute, Mysuru. A Departmental Promotion Committee proceeding was conducted for promotion of doctors from the post of Assistant Professor to Associate Professor on 05.03.2019. As on the date, provisional seniority list has been prepared. According to the provisional seniority list, respondent No.3 was senior. Respondent No.2 considered the case of respondent No.3 and promoted him to the post of Associate Professor by order dated 13.05.2019. He is said to be working in that post since then.
3. Petitioner has filed objections to the provisional seniority list on 13.02.2019. His grievance is, without finalizing the seniority list, respondents No.1 and 2 have issued promotion to respondent No.3.
4. Shri Goulay, learned advocate for respondents No.1 & 2 submits that seniority list will be finalized in an outer limit of two months from today. Once, seniority list is finalized, the case of petitioner will be considered based on the final seniority list. His submission is placed on record.
5. In the facts and circumstances of the case, it would be appropriate to continue the present arrangement and direct respondents No.1 and 2 to finalize the seniority list and reconsider the order promoting respondent No.3 based on seniority list, if required. Till finalization of seniority list, respondent No.3 shall continue in the present post. Ordered accordingly.
Petition disposed of. No costs.
Sd/- JUDGE AV