IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.30425 OF 2019 (S-RES) BETWEEN:
SRI.K.MALLU S/O.KENCHAMALLEGOWDA AGED ABOUT 44 YEARS WORKING AS REGISTRAR OF KARNATAKA STATE NURSING COUNCIL NEAR MOVIELAND THEATER SURYA APARTMENT, GANDHINAGAR BANGALORE-560 009 (BY SMT.LEELA P.DEVADIGA, ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MEDICAL EDUCATION M.S.BUILDING, DR. AMBEDKAR VEEDHI BANGALORE-560 001 … PETITIONER 2. THE DIRECTORATE OF MEDICAL EDUCATION DEPARTMENT OF MEDICAL EDUCATION ANANDRAO CIRCLE BANGALORE-560 009 3. SMT.B.JYOTHI PRINCIPAL GOVERNMENT NURSING COLLEGE VIJAYANAGARA INSTITUTE OF MEDICAL SCIENCE BELLARY-583 101 ... RESPONDENTS (BY SMT.M.S.PRATHIMA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 18.07.2019 ISSUED BY THE R-1 A COPU OF WHICH IS HEREIN PRODUCED AS ANNEXURE-E AS BEING ILLEGAL AND VOID AND ETC.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Pursuant to the order dated 23.7.2019, 1st respondent-State repatriated the petitioner as well as the contesting respondent No.3 - Smt. B. Jyothi vide notification MED 7 MME 2019 (2) dated 24.7.2019 and MED 7 MME 2019 (1) Dated 24.7.2019.
2. In view of these developments, present petition does not survive for consideration. 1st respondent shall be strictly adhere to method of recruitment to the post and appoint such of those eligible persons and there should not be any deviation from the rules of recruitment governing the post.
3. With the above observation, petition stands disposed of. Respondent – Department is hereby directed to pay cost of Rs.50,000/- (Rupees fifty thousand only) for having violated Regulations governing the post of Registrar (Admn.) Karnataka State Nursing Parishat from time to time by issuing order of appointment at a given point of time i.e., 05.07.2019 which was subject matter of W.P. No.28910/2019 and pending consideration. Petitioner and contesting respondent No.3 was given posting on 18.07.2019, while canceling 05.07.2019 notification. Both the notifications are contrary to Statutory Rules. Perusal of the file it is evident that officers of the Department have appraised the rule position. But concerned Minister stated to have insisted for issuance of order in favour of party. Therefore, cost shall be remitted in the Legal Service Authority, High Court of Karnataka, Bengaluru within a period of three weeks from today.
Accordingly, writ petition is disposed of.
Sd/- JUDGE BS