IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEALS No.32-54/2019 (EDN-RES) BETWEEN:
1. DR. VARUN.B.R S/O RENUKAPPA AGED ABOUT 27 YEARS RESIDING AT #40/41 JAGAJYOTHINAGAR 4TH CROSS MEI LAYOUT WEST NAGASANDRA POST BANGALORE-560 073 2. DR. NISHANTH LAKSHMIKANTHA S/O LAKSHMIKANTHA B.R. AGED ABOUT 28 YEARS RESIDING AT NO.647 4TH CROSS, 3RD BLOCK KORAMANGALA, BANGALORE-560 034 3. DR. VINOD GOWDA.K.H. S/O HANUME GOWDA AGED ABOUT 28 YEARS RESIDING AT NO.719, 6TH CROSS 3RD BLOCK, HMT LAYOUT NAGASANDRA CROSS NELAGADARANAHALLI BANGALORE-560 073 4. DR. VIGNESHWAR.M S/O SWAMY.B M.
AGED ABOUT 28 YEARS RESIDING AT # 24 OM SHAKTHI NILAYAM 4TH CROSS, SUNRISE COLONY CIL LAYOUT, BANGALORE-560 032 5. DR. RAMYA MANJUNATH NAIK D/O MANJUNATH NAIK AGED ABOUT 27 YEARS RESIDING AT KUSUMALE SANKRIWADA POST KARWAR-581 304 6. DR. LAKSHMI. L W/O SRIKANTH.K P.
AGED ABOUT 27 YEARS RESIDING AT # 58, HIG-1 GROUP 2, KHB COLONY HOOTAGALLY, MYSORE-570 018 7. DR. WAFY A. RASHEED S/O E. ABDUL RASHEED AGED ABOUT 29 YEARS RESIDING AT AL ARQAM-NO.17 KAILAS GARDENS SREEKARIYAM P.O. TRIVANDRUM-695 017 8. DR. DURGA SIREESHA URITI D/O CHAKRAVARTHI URITI AGED ABOUT 28 YEARS RESIDING AT DOOR NO.58-2-10 OPPOSITE RAMALAYA MARIDAMMAPETA JAGANNACKPUR KAKINADA EAST GODAVARI DISTRICT ANDHRA PRADESH-533 002 9. DR. SHIVAPRASADA. T S/O B.THIPPESWAMY.S.T. AGED ABOUT 28 YEARS RESIDING AT STREET # 10TH CROSS KAATRIKEHALLI, HOSALLI-583 218 10. DR. NIDHIN.K.P.
S/O PABMANABHAN.K AGED ABOUT 29 YEARS RESIDING AT KARTHIKA HOUSE NEAR GIRLS HIGH SCHOOL PONNANLI MALAPPURAM KERALA-679 577 11. VELAGALA SWETHA VENKATA REDDY D/O V.C. VENKATA REDDY AGED ABOUT 30 YEARS RESIDING AT 1-446/TF 9 MAALATI NIVAAS APARTMENT UNDAVALLI, GUNTUR ANDHRA PRADESH-522 501 12. DR. RUPESHKUMAR VIRBHADRA RAKHONDE S/O VIRBHADRA VENKATRAO RAKHONDE AGED ABOUT 30 YEARS RESIDING AT BUNGLA NUMBER 2 GODAVERI LANE, RAJ PARK VEDANT NAGAR, NANDED-431 605 13. DR. ELIZABETH WILSON D/O WILSON KUNJU K AGED ABOUT 28 YEARS RESIDING AT MOROTHU HOUSE STYLE VILLAS ROAD, KAKKANAD PO KOCHI-682 030 14. DR. DHANOOP DHANANJAYAN S/O K.V. DHANANJAYAN AGED ABOUT 31 YEARS RESIDING AT KRISHNAMBIKA BHAVAN NEAR CHIRAKKAL RAILWAY GATE VALAPATTANAM PO, KANNUR-670 010 15. DR. JYOTHY. A D/O VIJAYAKUMARAN NAIR.V AGED ABOUT 30 YEARS RESIDING AT AMBIKA NIVAS KOLIYACODE INDUSTRIAL ESTATE PO THIRUVANANTHAPURAM, KERALA-695 019 16. DR. VIDYA SASTRY D/O KRISHNA MOHAN SASTRY AGED ABOUT 27 YEARS RESIDING AT PLOT NO.5B RADHEYSHYAM AVENUE RAJAKILPAKKAM, CHENNAI-600 073 17. DR. PRATHAMESH PANCHAKSHARI S/O PANCHAKSHARI CHANDRAPATAN AGED ABOUT 28 YEARS RESIDING AT SHRI OM CLINIC STATION ROAD, A ONE CHOWK AKKAL COURT, SOLAPUR DISTRICT MAHARASHTRA-413 216 18. DR. DHANYA. K D/O KESHAV NAIK AGED ABOUT 28 YEARS RESIDING AT # 1094/11 8TH C CROSS, SANJEEVINI NAGAR SHIVAKUMARSWAMY LAYOUT 2ND STAGE, DAVANAGERE-577 005 19. DR. SUPRIYA RAO. R D/O RAVINDRAN.V AGED ABOUT 28 YEARS RESIDING AT FLAT NO.306 NOVES SQUARE, DEVIN PARADISE ENCLAVE CHOKKANAHALLI, THANISANDRA MAIN ROAD BENGALURU-560 064 20. DR. LAVANNYA W/O DR. MAHESH KAKANALE AGED ABOUT 28 YEARS RESIDING AT DEVI KRUPA H NO.9-5-719, OLD ADARSH COLONY BIDAR-585 403 21. DR. ASWATHY CHANDRAN D/O M.R. CHANDRAN PILLAI AGED ABOUT 29 YEARS RESIDING AT VYSAKHAM HOUSE RAMAKODAM LANE, PERUMBHOTTA ROAD ELAMAKKARA, ERNAKULAM, KERALA-682 026 22. DR. BHARATH KIRAN. P S/O A. PRABHAKARAN AGED ABOUT 36 YEARS RESIDING AT # 918, PIPELINE ROAD EXTENSION ROBERTSON PET, KGF-563 122 23. DR. BHANU PRAKASH S/O JAYARAMEGOWDA.K.H. AGED ABOUT 27 YEARS RESIDING AT # 46, 7TH CROSS KRISHNAPPA BLOCK, BELAWADI MYSORE-18 ... APPELLANTS (BY SHRI. G. VIKRAM, ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKASA SOUDHA, BANGALORE-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. DEPARTMENT OF MEDICAL EDUCATION MULTI-STOREYED BUILDING BANGALORE-560 001 REPRESENTED BY ITS SECRETARY 3. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA 4TH T BLOCK, JAYANAGAR BANGALORE-560 041 REPRESENTED BY ITS REGISTRAR ... RESPONDENTS (BY SHRI. Y.H. VIJAY KUMAR, PRL. GA FOR R1 & R2) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 21.12.2018 PASSED IN SO FAR AS THE PETITIONER'S WRIT PETITIONS ARE CONCERNED i.e., WP 46363/2018, WP 46364/2018, WP 46365/2018, WP 46367/2018, WP 46371/2018, WP 46372/2018, WP 46373/2018, WP 46375/2018, WP 46377/2018, WP 46378/2018, WP 46379/2018, WP 46380/2018, WP 46382/2018, WP 46386/2018, WP 46390/2018, WP 46392/2018, WP 46393/2018, WP 46395/2018, WP 46397/2018, WP 46396/2018, WP 46409/2018, WP 46410/2018 AND WP 46416/2018 BY THE LEARNED SINGLE JUDGE AND ALLOW THE AFORESAID WRIT PETITION IN ITS ENTIRETY.
THESE WRIT APPEALS, HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 4.02.2019, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, P.S.DINESH KUMAR J, PRONOUNCED THE FOLLOWING:-
J U D G M E N T These appeals are presented challenging common order dated 21.12.2018 passed by the Hon’ble Single Judge in Writ Petitions No.46917-47025/2018 and connected cases 2. For the sake of convenience, parties shall be referred as per their status before the Hon’ble Single Judge.
3. Heard Shri Vikram G., learned advocate for the petitioners and Shri Y.H.Vijay Kumar, learned Principal Government Advocate for respondents No.1 and 2.
4. Brief facts of the case are, petitioners are doctors.
They had availed government medical seats and joined Post Graduate Degree and Diploma Courses in Clinical and Non-clinical subjects during the academic year 2015-2016. By a notification dated 28.09.2018, the Director of Medical Education called upon petitioners to attend counseling for the purpose of deploying them for rural service. Petitioners challenged the said notification in the instant writ petitions principally on the ground that All India Quota candidates are exempted from ‘bond obligation’. The Hon’ble Single Judge, by a considered order has partly allowed the writ petitions and issued certain directions to the State Government. Feeling aggrieved, petitioners have filed these appeals.
5. Shri Vikram G., learned advocate for the petitioners contended that petitioners have obtained seats under the All India Quota and this Court in W.Ps.No.25391- 93/2016 and connected cases has passed an interim order on 28.04.2016 and stayed the Karnataka Compulsory Service Training by Candidates Completed Medical Courses Act, 2012. Therefore, the impugned notification runs counter to the interim order passed by this Court.
6. Shri Y.H.Vijay Kumar, learned Principal Government Advocate for respondents No.1 and 2 argued in support of the impugned order.
7. We have carefully considered rival submissions and perused the records.
8. With regard to the contention whether petitioners who have obtained seats under All India Quota are exempt from ‘bond obligation’, the Hon’ble Single Judge has recorded that Rule 15 of 2006 Rules does not exempt them from such obligation. It is not in dispute that petitioners have tendered undertakings and bound themselves to perform duties in rural areas.
9. So far as interim order dated 28.04.2016 is concerned, it is to be noted that this Court has held in paragraph No.5 of the said order that there shall be no bar for doctors who voluntarily join one year rural service training.
10. It is not in dispute that the petitioners have furnished a bond and bound themselves to serve in rural area. Having agreed to serve, petitioners cannot be heard to turn around and seek refuge under the aforesaid interim order. In our view, once bond is furnished, it amounts to voluntarily agreeing to do rural service.
11. In view of above discussions, we find no ground to interfere with the order passed by the Hon’ble Single Judge. Resultantly, these appeals fail and they are accordingly dismissed.
No costs.
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ACTING CHIEF JUSTICE Yn.
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JUDGE