Karnataka High Court

WP/35866/2024 of DR LEELAVATHI V Vs THE STATE OF KARNATAKA on 31 December 2024

2024:KHC:53336 WP No. 35866 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35866 OF 2024 (S-RES) BETWEEN: DR. LEELAVATHI V. W/O. DR. R. NAVEEN, AGED ABOUT 50 YEARS, WORKING AS

Digitally signedby SHWETHARAGHAVENDRALocation: HIGHCOURT OFKARNATAKA

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31[ST] DAY OF DECEMBER, 2024

BEFORE

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

-WRIT PETITION NO. 35866 OF 2024 (SRES)

BETWEEN:

DR. LEELAVATHI V. W/O. DR. R. NAVEEN, AGED ABOUT 50 YEARS, WORKING AS ASSISTANT PROFESSOR INSTITUTE OF NEPHRO UROLOGY, VICTORIA HOSPITAL CAMPUS, BENGALURU - 560 002.

…PETITIONER

(BY SRI. SRIKANTH M.P., ADVOCATE (V/C))

AND:

1. THE STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT (MEDICAL FAMILY WELFARE DEPARTMENT (MEDICAL

EDUCATION) M.S. BUILDING, VIDHANA VEEDHI, BANGALORE - 560 001

2. THE PRINCIPAL SECRETARY TO THE GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, (MEDICAL EDUCATION) M.S. BUILDING, VIDHANA VEEDHI, BANGALORE - 560 001. HEALTH AND FAMILY WELFARE DEPARTMENT, (MEDICAL EDUCATION) M.S. BUILDING, VIDHANA VEEDHI, BANGALORE - 560 001.

3. THE DIRECTOR MEDICAL EDUCATION DEPARTMENT M.S. BUILDING, VIDHANA VEEDHI, BANGALORE - 560 001.

4. THE INSTITUTE OF NEPHRO UROLOGY VICTORIA HOSPITAL CAMPUS, BENGALURU- 560 002. VICTORIA HOSPITAL CAMPUS, BENGALURU- 560 002.

REP. BY ITS DEAN-CUM-DIRECTOR

5. THE GOVERNING COUNCIL INSTITUTE OF NEPHRO UROLOGY VICTORIA HOSPITAL CAMPUS, BENGALURU - 560 002. INSTITUTE OF NEPHRO UROLOGY VICTORIA HOSPITAL CAMPUS, BENGALURU - 560 002.

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REPRESENTED BY ITS MEMBER SECRETARY AND DIRECTOR

…RESPONDENTS

(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R-1 AND R-2

SRI. K.M. PRAKASH, ADVOCATE FOR R-3 TO R-5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PRAYING TO i) DIRECT THE R-1 TO R-3 TO CONSIDER THE APPLICATION DATED 06/12/2024 VIDE ANNEXURE-AAH SUBMITTED BY THE PETITIONER FOR BEING APPOINTED AS THE DIRECTOR OF THE R4 INSTITUTE. ii) FURTHER APPOINT THE PETITIONER AS THE DIRECTOR OF THE R-4 INSTITUTE UPON CONSIDERATION OF HER APPLICATION AND BEING ELIGIBLE AS SUCH OTHERWISE. iii) FURTHER, EXTEND THE PETITIONER WITH ALL THE SALARY AND OTHER CONSEQUENTIAL BENEFITS WHICH WILL BE REQUIRED TO BE PAID TO THE PETITIONER ON CONSIDERATION OF HER CASE FOR APPOINTMENT AS THE DIRECTOR OF THE R-4 INSTITUTE AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Petitioner is before this Court seeking for the following reliefs:

Pending disposal of the above writ petition, this Hon'ble court be pleased to stay the process of appointment of the Director in respect of the 4th respondent Institute as initiated by the Notification dated 20.11.2024 vide ANNEXURE-AAF and the Corrigendum dated 29.11.2024 vide ANNEXURE-AAG as issued by the 3rd respondent Director or in the alternative, direct consideration of the application of the petitioner for the process of selection as the Director as initiated vide Notification dated 20.11.2024 vide ANNEXURE-AAF and the Corrigendum dated 29.11.2024 vide ANNEXURE-AAG as issued by the 3rd respondent Director, which will remain subject to the result of the writ petition in the ends of justice.

2. The only grievance of the petitioner is that the candidature has not been considered, the said grievance can be addressed by directing the 3[rd] respondent to consider the candidature of the petitioner, with the said direction the petition is *disposed.

ASN

List No.: 2 Sl No.: 15

SD/- (SURAJ GOVINDARAJ) JUDGE

*Corrected vide Court Order dated 4.3.2025

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