IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION Nos.14022-14031/2019 (EDN-MED-ADM) BETWEEN:
1. DR.PRAKASH S S/O.SHANKARAPPA N S AGED ABOUT 32 YEARS, PRESENTLY WORKING AT ESID SHIMOGA – 577 201 2. DR.SHANKAR H R S/O RAMAPPA H N AGED ABOUT 32 YEARS, PRESENTLY WORKING AT ESID, DAVANAGERE – 577 001 3. DR.SUJATHA S D/O SIDDARAMEGOWDA S AGED ABOUT 31 YEARS, PRESENTLY WORKING AT ESIH MYSORE-570001 4. DR.SHIVABASAVA KANVALLI D/O.RUDRAPPA KANVALLI AGED ABOUT 33 YEARS, PRESENTLY WORKING AT ESIH HUBLI – 580 009 5. DR.S.GAYATHRI W/O. DR.RAVIKUMAR V AGED ABOUT 33 YEARS, PRESENTLY WORKING AT ESIC HOSPITAL, PEENYA BANGALORE – 560 022 6. DR.JYOTHI KINI W/O BINDURAJ R D/O BHASKARA KINI B AGED ABOUT 37 YEARS, PRESENTLY WORKING AT ESIC HOSPITAL, PEENYA, BANGALORE – 560 022 7. DR.JAGADISH S V S/O VENKAPPA S AGED ABOUT 40 YEARS, PRESENTLY WORKING AT ESIC HOSPITAL PEENYA, BANGALORE-560022 8. DR.RAJESH R S/O RAMACHANDER R AGED ABOUT 42 YEARS, PRESENTLY WORKING AT ESIC HOSPITAL PEENYA BANGALORE – 560 022 9. DR.PRASAD NAVLE S/O PARASHURAM NAVLE AGED ABOUT 34 YEARS, PRESENTLY WORKING AT ESIC HOSPITAL PEENYA, BANGALORE – 560 022 10. DR.SOUMYA.S W/O.SRIHARI R V D/O SRIRAMAMURTHY AGED ABOUT 41 YEARS, PRESENTLY WORKING AT ESIC HOSPITAL PEENYA, BANGALORE – 560 022 (BY SRI.SUBASH REDDY.V. , ADV.) AND:
1. THE CHIEF SECRETARY GOVT. OF KARNATAKA VIDANA SOUDHA BANGALORE – 560 001 2. THE STATE OF KARNATAKA ... PETITIONERS REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT. DEPARTMENT OF LABOR VIKASA SOUDHA BANGALORE - 560 001 3. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT. DEPARTMENT OF KARNATAKA, MEDICAL EDUCATION, M.S. BUILDING, AMBEDKAR VEEDI, BANGALORE – 560 001 4. THE MINISTRY OF LABOR AND EMPLOYMENT GOVERNMENT OF INDIA, SURVEY NO.11-55-1 PLOT NO.1, YESHWANTHPUR INDUSTRIAL SUB - URB, YESHWANTHPUR BANGALORE – 560 022 REPRESENTED BY ITS DEPUTY DIRECTOR 5. KARNATAKA EXAMINATIONS AUTHORITY REPRESENTED BY ITS EXECUTIVE DIRECTOR, 18TH CROSS, SAMPIGE ROAD, MALLESWARAM BANGALORE – 560 012 6. MEDICAL COUNCIL OF INDIA REPRESENTED BY ITS JOINT SECRETARY, POCKET-14, SECTOR-8, DWARKA NEW DELHI – 110 077 ... RESPONDENTS (BY SRI.vLAKSHMINARAYANA, AGA ADV FOR R1-R4; SRI. N.K.RAMESH, ADV. FOR R5;
SRI. N.KHETTY, ADV.FOR R6) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING DIRECT THE R-2 TO AMEND THE NOTIFICATION DATED 08.03.2019 VIDE ANNEXURE-J UNDER THE HEADER BY DELETING PG MEDICAL DIPLOMA AND REPLACE IT WITH PG MEDICAL DEGREE (MD/MS) OR QUASH THE NOTIFICATION DATED 08.03.2019 VIDE ANNEXURE-J TO THE EXTENT OF IT IS INCONSISTENT WITH THAT THE NOTIFICATION VIDE ANNEXURE-B AND PUBLIC NOTICE VIDE ANNEXURE-C BY ALLOWING CONVERSION OF THE POST GRADUATE DIPLOMA COURSES SEATS INTO CORRESPONDING DEGREE SEATS AND CONSEQUENTLY PERMIT THE PETITIONERS TO CHOSE THE COURSE OF POST GRADUATE DEGREE (MD/MS), IN THE CENTRALIZED COUNSELING TO BE SCHEDULED AS PER THE CALENDAR OF EVENTS PUBLISHED BY THE KARNATAKA EXAMINATION AUTHORITY (VIDE ANNEXURE- F).
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, NARAYANA SWAMY J, MADE THE FOLLOWING:
O R D E R Petitioners herein are challenging the constitutional validity of Regulation 9(8) of the Medical Council of India Postgraduate Medical Education Regulations 2000 and the prayer is that for in- service Doctors a Post-graduate Diploma is to be treated as Degree. With regard to the same, the learned Government Advocate has relied upon the Public Notification dated 18th March, 2019 issued by the Ministry of Health and Family Welfare ME-I Section. The Notification is to the effect that some of diploma courses which were de-notified could not be converted to degree seats. Now, a decision has been taken for the above reason that diploma seats which were not converted into degree seats in respect of college/courses mentioned, shall be considered for the next academic year.
2. In view of the said submission and in view of the public notice, the prayer made by the petitioners does not survive consideration since the Government itself has stated that the prayer of the petitioners would be considered in the next academic year. Under the circumstances, the petitions stand disposed of reserving liberty to the petitioners to revive the petitions in case if the Government fail to give effect to the Notification dated 18th March, 2019.
Sd/- JUDGE Sd/- JUDGE lnn