IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.3300-3305/2019 (EDN-RES) BETWEEN 1. Dr. Sushma J.
D/o. Jayarama T.R. Aged about 28 years, Residing at No.67, 2nd Cross, I Stage, Bhuvaneshwari Nagar, Jnanabharathi Post, Bengaluru – 560 056.
2. Dr.Navyasri S. D/o. Sreenivas, Aged about 28 years, Residing at No.8, 2nd Main, 3rd Cross, Bahubali Nagar, Jalahalli, Bengaluru – 560 013.
3. Dr. Ashwini B.S. D/o. B.N.Shivram, Aged about 29 years, Residing at House No.28, ‘Sai Nilaya’, Amruthahalli, Bengaluru – 560 092.
4. Dr. Divya A.
D/o. Ananth G.S. Aged about 29 years, Residing at House No.467, ‘Modaka Nilaya’ Sahakaranagar Post, Amruthahalli, Bengaluru – 560 092.
5. Dr. Sumalatha V. D/o. T. Venkatesh, Aged about 37 years, Residing at No.11, Vallabai Patel Road, 4th Cross, Old Post Office Road, Ramurthy Nagar, Bengaluru – 560 016.
6. Dr. Madhukumar, S/o. Ramakrishna Aged about 28 years, Residing at Kailash Stores, Kataripalya, Kolar – 563 101.
(By Sri.Vikram.G., Advocate) AND 1. State of Karnataka, Department of Health and Family Welfare, Vikasa Soudha, Bengaluru – 560 001.
Represented by its Principal Secretary, 2. Department of Medical Education, Multi-storeyed Building, Bengaluru – 560 001. Represented by its Secretary.
... Petitioners 3. Rajiv Gandhi University of Health Sciences, Karnataka, 4th T Block, Jayanagar, Bengaluru – 560 041.
Represented by its Registrar. ... Respondents (By Smt. Pramodhini Kishan, AGA) These Writ Petitions are filed under Articles 226 and 227 of Constitution of India praying to quash the allotment letters all dated 11.01.2019 issued by the second respondent as Annexure – A, A1 to A5 and etc.
These Writ Petitions coming on for orders this day, the Court made the following:
ORDER The subject mater of these writ petitions are similar to the one in W.P.Nos.46917-47025/2018 and other connected matters disposed off by this Court vide judgment dated 21.12.2018, a copy whereof is at Annexure-D and also in W.P.No.1685/2019 & W.P.Nos.1848-1875/2019 and other connected matters disposed off vide judgment dated 25.01.2019.
2. The learned Additional Government Advocate Smt.Pramodhini Kishan submits that since the grievance of the petitioners has withered away in view of preparing and publishing of the comparative merit list of all the candidates concerned and that on the basis of the said list now published, a decision will be taken for calling the petitioners for fresh counseling and thereafter for issuance of allotment letters.
3. Learned counsel for the petitioners, on the basis of the stand now taken by the learned Additional Government Advocate, submits that the impugned allotment letters have to be quashed paving way for exercise afresh in terms of comparative merit list that is stated to be published after filing of these writ petitions. There is force in the submission.
4. In view of the above, these writ petitions succeed in part; the impugned allotment letters dated 11.01.2019 at Annexures-A, A1 to A5 are quashed. Liberty is reserved to the respondents to undertake fresh exercise of fresh counseling in terms of now published comparative list and thereafter to issue allotment letters in accordance with law. Liberty is reserved to the petitioners to seek redressal of their individual grievance before the appropriate authorities. Liberty is also reserved to challenge the fresh comparative merit list in accordance with law.
The operative portion of judgment in W.P.No.1685/2019 and W.P.Nos.1848-1875/2019 and other connected matters that have been disposed off today be treated as part and parcel of this judgment too.
Sd/- JUDGE KPS