No right exists for an individual to demand a specific governmental post; eligibility is evaluated based on established criteria and administrative discretion.

ORDER :

S.G. PANDIT, J.

The State authorities in the Health and Family Welfare and Ayush Services are before this Court under Article 226 of the Constitution of India questioning the order dated 18.02.2025 in Application No.11007/2024 passed by the Karnataka State Administrative Tribunal at Belagavi (for short, ‘the Tribunal’) wherein the respondent’s application questioning the Government Notification dated 14.06.2024 (Annexure-A34) posting the respondent as Senior Medical Officer/Physician to the Koppal District Ayurved Hospital is quashed with a further direction to the petitioners to consider the respondent’s eligibility in holding the post of District Ayush Officer, by considering the seniority list as well as earlier orders already passed in posting the applicant as District Ayush Officer and the order passed on 24.04.2024 in W.P.No.102509/2024 and to pass appropriate orders to post the respondent as District Ayush Officer.

2. The respondent who was working as Senior Medical Officer/Physician was posted as District Ayush Officer, Bellary. Thereafter, under Notification dated 28.08.2023, one Dr.B.S.Sarala Devi was posted as District Ayush Officer, Bellary. Aggrieved by the posting of Dr.B.S.Sarala Devi as District Ayush Officer in place of the respondent, the respondent approached the Tribunal in Application No.10851/2023 questioning the order of posting dated 28.08.2023 and the Tribunal by order dated 19.03.2024 rejected the prayer of the respondent. Aggrieved by the same, the respondent approached this Court in W.P.No.102509/2024 which came to be disposed of by order dated 24.04.2024 recording the submission of the learned Government Advocate that the petitioner therein (respondent herein) would be provided posting immediately after the General Elections in the year 2024. Accordingly, under impugned Notification dated 14.06.2024, the respondent was given posting as Senior Medical Officer/Surgeon to the Koppal District Ayurved Hospital. Questioning the said Notification and with a prayer to direct the petitioners to give suitable post as District level Officer in the Department, as the applicant is qualified, the respondent approached the Tribunal. The Tribunal under impugned order quashed the impugned Notification dated 14.06.2024 which provided posting to the respondent as Senior Medical Officer and directed to consider the respondent’s request for posting her as District Ayush Officer. Aggrieved by the said direction of the Tribunal, the State Authorities are before this Court in this writ petition.

3. Heard learned Principal Government Advocate Sri.G.K.Hiregoudar for petitioners and learned counsel Dr.S.V.Girikumar for respondent. Perused the entire writ petition papers.

4. Learned Principal Government Advocate Sri.G.K.Hiregoudar would submit that the Tribunal committed an error in quashing the Notification dated 14.06.2024 posting the respondent as Senior Medical Officer/Physician to the District Aurved Hospital, Koppal and in directing the petitioners to consider the case of the respondent to post her as District Ayush Officer. Learned Principal Government Advocate invites attention of this Court to the Karnataka Ayurveda Unani Siddha Homeopathy Nature Cure & Yoga (AYUSH) (Non-teaching) (Recruitment) Rules, 2012 (for short, ‘2012 Rules’) and submits that the post of District Ayush Officer is to be filled up by posting of Physician Grade-I (Ayurveda, Unani, Homeopathy/Nature Cure & Yoga). Learned Principal Government Advocate would also invite attention of this Court to the Government order dated 17.01.2024 which lays down certain criteria to fill up the p