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.13579-13621/2019 (EDN-MED-ADM) BETWEEN:
1. DR.YASHASWI RAI D/O.VISHWANATH RAI M B AGED ABOUT 36 YEARS, PRESENTLY WORKING AT GOVERNMENT HOSPITAL HOLENARASIPURA HASSAN DISTRICT - 573 211 2. DR.ISMAIL G S/O.GOUSEPEER AGED ABOUT 35 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER SAKHARAYAPATNA KADUR TALUK CHIKMAGALURU DIST – 577 548 3. DR.NAVEENA G.S. S/O SHIVARAMU G K AGED ABOUT 32 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER SARANGI K R PET TALUK MANDYA DIST - 571 426 4. DR.ANU E D/O ESHWARAPPA H AGED ABOUT 32 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER, DEVIGERE HOSADURGA TALUK CHITRADURGA DIST. - 577 527 5. DR.SHANMUKHA R S/O RAMAKRISHNA C N AGED ABOUT 41 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER, HONGELAKSHMI KSHETRA, TIPATUR TALUK, TUMKUR DIST – 572 201 6. DR.CHANDRASHEKHARA CHUNGADI S/O SHIVANANDAPPA CHUNGADI AGED ABOUT 32 YEAS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER, KAYYANAHALLI HUVINAHADAGALI TALUK BELLARY DIST – 583 219 7. DR.BASAVARAJ ARAKERI S/O RAJASHEKAR AGED ABOUT 38 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER GOLASANGI BASAVANA BAGEWADI TALUK VIJAYAPURA DIST – 586 203 8. DR.YOGEESHA M S/O MAHESHWARAPPA AGED ABOUT 36 YEARS, PRESENTLY WORKING AT GOVERNMENT GENERAL HOSPITAL, HOSADURGA, CHITRADURGA DIST – 577 527 9. DR.LOHITH KUMAR B S/O BASAVARAJAPPA N S AGED ABOUT 33 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER, HARANAHALLI, ARSIKERE TALUK HASSAN DIST – 573 103 10. DR.O.M.PAVAN KUMAR S/O O.S.MADHUSUDHAN AGED ABOUT 32 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER, MALAPANAGUDI. HOSPET TALUK BELLARY DIST – 583 201 11. DR.AEZAZULLA KHAN S/O SANAULLA KHAN AGED ABOUT 36 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER, BANDALLI KOLLEGAL TALUK CHAMARAJANAGAR DIST – 571 440 12. DR.SAHANA K.S.
D/O SIDHALINGHAIAH AGED ABOUT 35 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER, BANNANGADI PANDAVAPURA TALUK MANDYA DIST - 571 434 13. DR.PRAKRUTHI N D/O K.NAGARAJA AGED ABOUT 35 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER NAVILE MADDUR TALUK, MANDYA DIST. - 571 428 14. DR.SHASHIDHARA D K S/O SHIVARAMU G K AGED ABOUT 46 YEARS, PRESENTLY WORKING AT GENERAL HOSPITAL, K R PET TALUK MANDYA DIST. – 571 426 15. DR.NAGABHUSHAN R PATIL S/O RAJASHEKARAMURTHY PATIL AGED ABOUT 33 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER, CHIKKASHI HONNUR, HANGAL TALUK HAVERI DIST. – 581 104 16. DR.RAJESH S/O CHANDRASHEKAR H T AGED ABOUT 30 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER, HALLIHOLE KUNDAPURA TALUK UDUPI DIST. – 576 201 17. DR. SAVITHA.G D/O.GURUMURTHY AGED ABOUT 36 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER, KATTALAGERE, CHANNAGIRI TALUK DAVANAGERE DIST – 577 213 18. DR.MALLIKA M M D/O MUNISWAMAIAH AGED ABOUT 35 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER, SUGATUR KOLAR TALUK DIST.- 563 101 19. DR.BHAGYALAKSHMI G D/O C.GOPAL AGED ABOUT 39 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER, DHARMAPURA HUNSUR TALUK MYSORE DIST. - 571 105 20. DR.KRISHNANANDA K S/O DASAPPAGOWDA.K AGED ABOUT 37 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER, KOYLA, DAKSHINA KANNADA DIST. - 574 241 21. DR.PRABHU K S S/O KUBERAPPA S AGED ABOUT 32 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER, TALAGUNDA SHIKARIPURA TALUK SHIMOGGA DIST.- 577 427 22. DR.JYOTHI M.T.
D/O THAMMEGOWDA AGED ABOUT 42 YEARS, PRESENTLY WORKING AT GENERAL HOSPITAL CHANNAPATNA RAMANAGAR DIST.- 562 160 23. DR.KASHIMSAB NAIKODI S/O HUSAINSAB NAIKODI AGED ABOUT 32 YEARS, PRESENTLY WORKING AT PRIMARY HEALTH CENTER, CHANDAKAVATE SINDAGI TALUK VIJAYAPURA DIST. - 586 128 24. DR.VIJAYALAXMI UMARASING HAJERI D/O UMARASINGH HAJERI TALIKOTI AGED ABOUT 45 YEARS, PRESENTLY WORKING AT COMMUNITY HEALTH CENTER, TALIKOTI MUDDEBIHAL TALUK VIJAYAPURA DIST. – 586 212 25. DR.M.ANAND S/O J.MUNIREDDY AGED ABOUT 36 YEARS PRESENTLY WORKING AT TALUK HEALTH OFFICER MULBAGAL TALUK KOLAR DIST - 563 131 26. DR.ROOPA S JALIHAL S/O S.R.JALIHAL AGED ABOUT 40 YEARS PRESENTLY WORKING AT URBAN HEALTH CENTER RAJYOSTHAVA NAGAR BELLARY DIST.- 583 101 27. DR.MANJUNATHA H.K. S/O H.V.KRISHNAPPA AGED ABOUT 40 YEARS PRESENTLY WORKING AT PRIMARY HEALTH CENTER BYLANARASAPURA HOSKOTE TALUK BANGALORE RURAL DIST. - 562 114 28. DR.SANTOSH SHARNAPPA HASARGUNDGI S/O.SHARANAPPA AGED ABOUT 43 YEARS PRESENTLY WORKING AT PRIMARY HEALTH CENTER NEGINAHAL BYLAHONGLA TALUK BELAGAVI DIST.- 591 102 29. DR.SHIVAPRAKASH M.L. S/O LINGARAJU M C AGED ABOUT 36 YEARS PRESENTLY WORKING AT PRIMARY HEALTH CENTER NERALKERE, TARIKERE TALUK CHIKKAMAGALUR DIST. - 577 228 30. DR.B.C.ADITHYA KUMAR S/O.CHIKKALINGHYAIAH AGED ABOUT 45 YEARS PRESENTLY WORKING AT PRIMARY HEALTH CENTER BRAHMA DEVARA HALLI NAGAMANGALA TALUK MANDYA DIST. – 571 432 31. DR.PRASHANTH KUMAR.M.K. S/O M.KRISHNASWAMY AGED ABOUT 44 YEARS PRESENTLY WORKING AT PRIMARY HEALTH CENTER PURIGALI, MALAVALLI TALUK MANDYA DIST. – 571 430 32. DR.SUBRAMANI.G. S/O.GOVINDARAJU.G. AGED ABOUT 45 YEARS PRESENTLY WORKING AT SNR DIST. HOSPITAL KOLAR - 563 101 33. DR.SRINIVASA S.A. S/O ANILKUMAR S.N.
AGED ABOUT 33 YEARS PRESENTLY WORKING AT PRIMARY HEALTH CENTER KARAKUCHHI, TARIKERE TALUK CHIKKAMAGALUR DIST. - 577 888 34. DR.MAHANTESH MUTTAPPA HOOLI S/O MUTHAPPA HOOLI AGED ABOUT 34 YEARS PRESENTLY WORKING AT PRIMARY HEALTH CENTER PATTADAKAL, BADAMI TALUK BAGALKOT DIST. - 587 201 35. DR.SALMA SULTANA D/O.LATE IKBAL AHMED PS AGED ABOUT 37 YEARS PRESENTLY WORKING AT URBAN HEALTH CENTER DISTRICT HOSPITAL, TUMKUR TUMKUR DIST. - 572 101 36. DR.ASHALATHA H.R. D/O RAJGOPAL AGED ABOUT 35 YEARS PRESENTLY WORKING AT PRIMARY HEALTH CENTER GOPANAHALLI HASSAN TALUK, DIST.- 573 201 37. DR. YAMINI R D/O G.RAMESH AGED ABOUT 42 YEARS PRESENTLY WORKING AT PRIMARY HEALTH CENTER GUTTAHALLI, BANGARPET TALUK KOLAR DIST. - 563 162 38. DR.SAYABANNA GUNAKI S/O. MALLAPPA GUNAKI AGED ABOUT 38 YEARS PRESENTLY WORKING AT PRIMARY HEALTH CENTER INCHAGERI, INDI TALUK BIJAPUR DIST. - 586 209 39. DR. SUNDARESH N.S. S/O N.SHIVAPPA AGED ABOUT 45 YEARS PRESENTLY WORKING AT PRIMARY HEALTH CENTER HOOVNAMADU DAVANAGERE TALUK, DIST. - 577 002 40. DR.UMESH H P S/O PARAPA AGED ABOUT 39 YEARS PRESENTLY WORKING AT PRIMARY HEALTH CENTER BASHETTY HALLI SHIDLAGHATTA TALUK CHIKKABALLAPURA DIST. - 562 105 41. DR.RAMAESH KUMAR S/O MUNINARAYANASWAMY AGED ABOUT 37 YEARS PRESENTLY WORKING AT PRIMARY HEALTH CENTER ANNIHALLI, KOLAR TALUK, DIST. - 563 101 42. DR.GOVINDA RAJU T S/O THIMMAYAIAH V AGED ABOUT 42 YEARS PRESENTLY WORKING AT GOVERNMENT GENERAL HOSPITAL SRINIVASAPURA KOLAR DIST.-.563 135 43. DR.MADHUSUDHAN K S S/O LATE SHIVAIAH K AGED ABOUT 39 YEARS PRESENTLY WORKING AT PRIMARY HEALTH CENTER KITTANAGAMANGALA KUNIGAL TALUK TUMKUR DIST - 572 130 ... PETITIONERS (BY SRI.SUBASH REDDY.V., ADV.) And:
1. THE CHIEF SECRETARY GOVT. OF KARNATAKA VIDANA SOUDHA BANGALORE - 560 001 2. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT. DEPARTMENT OF KARNATAKA HEALTH AND FAMILY WELFARE SERVICES 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 COMMISSIONERATE DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES ANANDARAO CIRCLE BANGALORE-560 009 REPRESENTED BY ITS CHIEF ADMINISTRATIVE OFFICER 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.LAKSHMINARAYANA, AGA 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 TO DIRECT THE R-2 TO AMEND THE NOTIFICATION DTD:8.3.2019 [VIDE ANNEXURE-H] UNDER THE HEADER BY DELETING PG MEDICAL DIPLOMA AND REPLACE IT WITH PG MEDICAL DEGREE [MD/MS] ISSUED BY R-3. QUASH THE NOTIFICATION DTD:8.3.2019 [VIDE ANENXURE-H [ISSUED BY THE R-3 TO THE EXTENT OF IT IS INCONSISTENT WITH THAT THE NOTIFICATION VIDE ANNEXURE-B AND C BY ALLOWING CONVERSION OF THE POSTGRADUATE 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 CALENDER 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