IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NO.2377 OF 2019 (S-RES) BETWEEN:
DR. SRIKANTH H.J. S/O JAYANNA H.S.
AGED ABOUT 38 YEARS PRESENTLY WORKING AS SENIOR RESIDENT IN ENT DEPARTMENT KODAGU INSTITUTE OF MEDICAL SCIENCES MADIKERI KODAGU DISTRICT-571 201 R/AT NO.801, DOCTORS QUARTERS MANDYA INSTITUTE OF MEDICAL SCIENCES MANDYA-571 401 (BY SHRI D.R. RAVISHANKAR, ADVOCATE) AND:
... APPELLANT 1. THE STATE OF KARNATAKA REPT. BY ITS ADDITIONAL CHIEF SECRETARY MEDICAL EDUCATION DEPARTMENT VIKAS SOUDHA BENGALURU-560 001 2. THE GOVERNING COUNCIL REPT. BY ITS CHAIRMAN KODAGU INSTITUTE OF MEDICAL SCIENCES MADIKERI KODAGU DISTRICT-571 201 3. THE DIRECTOR KODAGU INSTITUTE OF MEDICAL SCIENCES MADIKERI KODAGU DISTRICT-571 201 ... RESPONDENTS (BY SHRI I. THARANATH POOJARI, AGA FOR R1 & SMT. SUMANA BALIGA, ADVOCATE FOR R2 & R3 [VOKALATH RETURNED]) ---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE THE ORDERS PASSED BY THE LEARNED SINGLE JUDGE DATED 20/06/2019 IN W.P. NO.21896/2019, AND CONSEQUENTLY, TO ALLOW THE WRIT PETITION BY QUASHING THE INTERVIEW NOTIFICATION BEARING NO.KOMS/DRC[7]/2019-20 DATED 04/05/2019, ISSUED BY THE 3RD RESPONDENT ANNEXURE-F AND ON ACCOUNT OF THE APPELLANT ACQUIRING THE REQUISITE QUALIFICATION AND ELIGIBLE TO BE PROMOTED AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel appearing for the appellant.
2. The challenge in the writ petition was to the notification dated 4th May 2019 published by the third respondent for interviews for filling up the post of Assistant Professor in ENT Department. The learned Single Judge rejected the writ petition filed by the appellant on the ground that on the date of the notification, the petitioner did not possess the requisite qualifications.
3. The learned counsel appearing for the appellant does not dispute that on the relevant date, the appellant was not possessing requisite qualifications. His submission is that there is only one post of Assistant Professor in the discipline of ENT in the third respondent institution. He pointed out that the third respondent by spending a huge amount had sponsored the appellant and was sent on deputation for higher studies for completion of Post Graduation in the discipline of ENT. His submission is that without waiting for the results of the Post Graduation examination for even a couple of weeks, the third respondent institution came out with the notification on 04.05.2019 for holding interviews of the eligible candidates for the post of Assistant Professor. He submitted that the similar situation had arisen even in case of the post in department of Dermatology where the post was deleted from the notification.
4. We have considered the submissions. There is no dispute that on the relevant date, the appellant did not possess the qualification for the post of Assistant Professor. Only because the third respondent had sponsored the appellant to undergo the Post Graduation studies, it will not create any right in favour of the appellant for securing the post of Assistant Professor. The fact that the third respondent has spent some amount on the appellant for higher studies to complete Post Graduation is irrelevant.
5. Hence, we find no merit in the appeal. The view taken up by the learned Single Judge is correct. Accordingly, the appeal is dismissed.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN