WP/28728/2026 of DR SAIKUMAR V Vs THE STATE OF KARNATAKA on 25 September 2026

ORAL ORDER

The petitioner working as a Resident Medical Doctor [RMO] at Chaluvamba Hospital has filed the present writ petition calling in question the validity of the order at Annexure-'A' dated 04.09.2026 passed by respondent no.1 - State whereby, respondent no.6 has been posted as RMO at Chaluvamba Hospital and such order, it is stated, has been passed in the administrative interests.

2. The petitioner submits that, by virtue of the order at Annexure-'A', the petitioner who was hitherto working as a RMO of the Chaluvamba Hospital which comes within the superintendence of Mysore Medical College and Research Institute [MMCRI], which is in turn governed by the Department of Medical Education is now sought to be displaced by the respondent no.6.

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3. The petitioner submits that in terms of Annexure-'B' the respondent no.5, by its office order dated 20.06.2026 had posted the petitioner as a RMO of Chaluvamba Hospital.

4. It is submitted that the order at Annexure-'A' dated 20.06.2026 is one without jurisdiction, as the post of RMO at Chaluvamba Hospital comes within the sole jurisdiction of MMCRI, which it is stated, in turn governed by the Department of Medical Education. Accordingly it is submitted that the order at Annexure-'A' passed by the State Authorities through the Department of Health and Family Welfare is one without jurisdiction.

5. Learned Additional Advocate General appearing on behalf of respondent-State submits that the order at Annexure-'A' is passed by the Department of Health and Family Welfare having sole jurisdiction insofar as the post of RMO which is an administrative post. It is further submitted that, such submission is made after obtaining instructions from both the Departments, i.e., respondent nos.1 and 2.

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6. A memo is filed by learned Additional Advocate General, which reads as hereunder:- "The Respondent Nos. 1 & 2 submit that the post of the Resident Medical Officer (RMO) at Cheluvamba Hospital attached to the Mysore Medical College and Research Institute (Respondent No.5/MMCRI) is an administrative post and to be filled by deputation by Department of Health and Family Welfare (Respondent No.1/HFW Department) and hence the impugned Notification dated 04.09.2026 (Annexure-A) issued by the Respondent No.1 is by the competent authority. It is submitted that R-2/MMCRI has no jurisdiction to post its employees to the post of Resident Medical Officer (RMO) at Cheluvamba Hospital except as a temporary arrangement and hence R-2/MMCRI could not have issued the Official Memorandum dated 20.06.2026 (Annexure-B). Copy of the meeting proceedings dated 05.10.2023 is produced herewith as Document No.1.

Wherefore, it is prayed that this Hon'ble Court may be pleased to take this memo on record and dismiss the above writ petition, in the interest of justice and equity."

7. A perusal of the contents of memo would further indicate that neither MMCRI nor respondent no.2 - Department of Medical Education have any jurisdiction to post its employees to the post of RMO at Chaluvamba Hospital except as a temporary arrangement.

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8. Learned counsel appearing for MMCRI on the previous occasion also submitted that the order at Annexure-'B' was only a temporary arrangement.

9. It is further submitted by respondent no.5 that in the event Annexure-'A' is upheld, the petitioner who was provided posting as at Annexure-'B' as temporary arrangement would revert to the substantive post in Chaluvamba Hospital in MMCRI as Casualty Medical Officer [CMO].

10. Though various contentions have been raised regarding jurisdiction and power, such question need not be adjudicated at the instance of an employee of an Institution in a petition relating to transfer. The inter se overlap of jurisdiction between respondent nos.1 and 2 need not be adjudicated in the present proceedings. Even otherwise, stand made out in the memo filed by respondent nos.1 and 2 and affirmed by the learned Additional Advocate General is to the effect that the order at Annexure-'A' is one with jurisdiction. If that were to be so and noticing the stand of respondent no.5 that upon order at Annexures-'A' and 'B' being upheld the

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petitioner would continue to hold the post of CMO in MMCRI, it would be appropriate not to enter into the other contentions raised. The order at Annexure-'A' in light of the stand of respondent-State would be the one with jurisdiction.

11. The further contention of the petitioner that the post of RMO is a promotional post to which he was posted by virtue of the order at Annexure-'B' cannot be accepted, as the post of RMO is not a promotional post, in the sense of a CMO being promoted to hold the post of RMO. If that were to be so, the order at Annexure-'B' itself must be construed to be a temporary arrangement, as the CMO cannot as a matter of right be posted to the post of RMO.

Accordingly, the petition is disposed of as not calling for any interference in the order at Annexure-'A' dated 04.09.2026. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR