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2024 Supreme(Online)(Kar) 37860
Reserved on : 03.01.2024 Pronounced on : 05.04.2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.10837 OF 2023 (GM - RES)
C/W WRIT PETITION No.10994 OF 2023 (GM - RES)
IN WRIT PETITION No.10837 OF 2023 BETWEEN:
1 . DR.C.JAGADEESH, BDS AGED ABOUT 59 YEARS NO. 687, 9TH ‘A’ MAIN ROAD
1ST PHASE, INDIRANAGAR BENGALURU – 560 038.
2 . DR. VENUGOPAL, MBBS, MS., (GEN. SURGERY)
AGED ABOUT 51 YEARS PAVAN HOSPITAL SRINIVASAPURA KOLAR DISTRICT – 563 135.
3 . DR. RAVI KUMAR B.N., MBBS, PGDHIVM AGED ABOUT 50 YEARS No.193/26, 2ND CROSS, 6TH BLOCK JAYANAGAR, BENGALURU – 560 070.
4 . DR. KRANTI KIRAN, MBBS, MS, DNB, MCH AGED ABOUT 50 YEARS SRI BALAJI INSTITUTE OF NEURO SCIENCES AND TRAUMA UNAKAL, HOSUR ROAD, VIDHYA NAGAR HUBBALLI – 580 021.
5 . DR. SHOBHA S. NISSIMGOUDAR, BAMS, PGDHA AGED ABOUT 45 YEARS MANNAGI GRAMA SAVANUR TALUK HAVERI DISTRICT – 518 202.
6 . DR. H.J. JAISKRISHNA, MDS AGED ABOUT 50 YEARS NO.293, JAINILAYA, 19TH MAIN
6TH BLOCK, KORAMANGALA BENGALURU – 560 034.
... PETITIONERS (BY SRI UDAYA HOLLA, SR.ADVOCATE A/W SRI NITIN A.M., ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY DEPT. OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION)
VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU – 560 001.
2 . RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE REP. BY REGISTRAR
4TH ‘T’ BLOCK, JAYANAGARA BENGALURU, KARNATAKA – 560 041.
... RESPONDENTS (BY SRI K. SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT NAVYA SHEKHAR, AGA FOR R-1;
SRI MADHUSUDHAN R.NAIK, SR.ADVOCATE A/W SMT. FARAH FATHIMA, ADVOCATE FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION ISSUED BY R1 TO CONSIDER THE REPRESENTATION DTD 23.05.2023 FILED BY THE PETITIONERS IN THE LIGHT OF SECTION 31 AND 55 OF THE RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCE ACT, 1994 I.E., ANNEXURE-E.
IN WRIT PETITION No.10994 OF 2023 BETWEEN:
SRI M.BASAVARAJ NAIK S/O LATE MANYA NAIK AGED ABOUT 59 YEARS R/AT NO.1569/45, 3RD CORSS TARALABALU BADAVANE VIDYA NAGAR DAVANAGERE – 577 005.
... PETITIONER (BY SRI ASHOK HARANAHALLI, SR.ADVOCATE A/W SRI SUBRAMANYA R., ADVOCATE)
AND:
1 . STATE OF KARNATAKA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS M.S.BUILDING BENGALURU – 560 001 REPRESENTED BY ITS CHIEF SECRETARY.
2 . STATE OF KARNATAKA DEPARTMENT OF SOCIAL WELFARE VIKASA SOUDHA BENGALURU – 560 001 REPRESENTED BY ITS ADDL. SECRETARY.
3 . THE COMMISSIONER DEPARTMENT OF SOCIAL WELFARE M.S.BUILDING BENGALURU – 560 001.
4 . CENTRAL RELIEF COMMITTEE M.S. BUILDING BENGALURU – 560 001 REPRESENTED BY ITS SECRETARY.
... RESPONDENTS (BY SRI K.SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT.NAVYA SHEKHAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED COMMUNICATION / TIPPANI BEARING NO. MUKA/5907846/2023 DATED 22/05/2023 ISSUED BY THE R1 INSOFAR IT RELATES TO THE PETITIONER (VIDE ANNEXURE A) AND QUASH THE IMPUGNED NOTIFICATION BEARING NO SWD/23/SBR/2022 DATED 23/05/2023 ISSUED BY THE R2 (VIDE ANNEXURE-B).
THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Both these petitions project a common legal issue and are therefore tagged together despite the fact that nominations of the petitioners in both these cases are under statutes. The petitioners in Writ Petition No.10837 of 2023 are nominated as Syndicate Members of the Rajiv Gandhi University of Health Sciences (‘the University’ for short) under the Rajiv Gandhi University of Health Sciences Act, 1994 (hereinafter referred to as the ‘University Act’ for short). The petitioner in Writ Petition No.10994 of 2023 is nominated as Chairman of the Central Relief Committee (hereinafter referred to ‘the Committee’ for short) under the Karnataka Prohibition of Beggary Act, 1975 (hereinafter referred to as ‘the Act’ for short).
2. Facts adumbrated in both these petitions are as follows:-
Writ Petition No.10837 of 2023:
The petitioners in the subject petition seek quashment of a notification dated 25-05-2023 by which earlier notifications dated 13-12-2022 and 06-02-2023 stood cancelled. These petitioners claim to be renowned professionals in the field that they profess. All the petitioners are doctors practicing in their respective fields. The issue in the lis does not pertain to the claim in their profession. The petitioners come to be nominated to the Syndicate of the University on 13-12-2022. The nomination was to be for three years or until further orders whichever would be earlier. After about two months of the said nomination a corrigendum is issued to the said Notification in which the words ‘until further orders’ comes to be deleted. The petitioners then continue to work as Members of the Syndicate of the University after the said nomination. On 25-05-2023 comes the impugned notification which cancels earlier notifications dated 13-12-2022 and 06-02-2023. The effect of such cancellation is that the nomination of petitioners would be cancelled and they would cease to be Members of the Syndicate of the University. A co-ordinate Bench of this Court granted an interim order of stay of the order dated 25-05-2023. Therefore, the petitioners now continue as Members of the Syndicate on the strength of the interim order.
Writ Petition No.10994 of 2023:
3. The petitioner is nominated as Chairman of the Central Relief Committee under the statute called the Karnataka Prohibition of Beggary Act, 1975 in terms of a notification dated 26-07-2022 for a period of three years or until further orders whichever is earlier. Here again the subsequent notification dated 23-05-2023 cancels the earlier nomination of the petitioner in terms of Notification dated 26-07-2022. The effect is that the petitioner ceases to be the Chairman of the Committee on and from the said date. An interim order is granted in the case at hand as well and therefore, the petitioner continues as Chairman of the Committee.
4. Heard Sri Udaya Holla, learned senior counsel appearing for the petitioners in Writ Petition No.10837 of 2023; Sri Ashok Haranahalli, learned senior counsel appearing for the petitioner in Writ Petition No.10994 of 2023; Sri K.Shashikiran Shetty, learned Advocate General appearing for respondent No.1 in W.P.No.10837 of 2023 and all the respondents in W.P.No.10994 of 2023 and Sri Madhusudhan R. Naik, learned senior counsel appearing for respondent No.2 in W.P.No.10837 of 2023.
5. Learned senior counsel Sri Udaya Holla appearing for the petitioners in W.P.No.10837 of 2023 would vehemently contend that the petitioners were nominated for a period of three years. Initially the rider was it would be until further orders. The words ‘until further orders’ were deleted subsequently. Once that is removed, the power of the State to de-nominate or cancel the nomination becomes restricted as it would become a nomination for a period of three years. He would submit that the notification cancelling the nomination is contrary to law and the doctrine of pleasure is being invoked arbitrarily. He would therefore seek quashment of the notification and continuance of the petition
