IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF JULY, 2021

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.63758/2016 (S- RES)

BETWEEN

DR. NARASIMHAMURTHY S.,

S/O SHIVALINGAIAH N.,

AGED ABOUT 44 YEARS,

ASSOCIATE PROFESSOR,

DEPARTMENT OF FORENSIC MEDICINE,

BASAVESHWARA MEDICAL COLLEGE,

CHITRADURGA 3 577 502.

... PETITIONER

(BY SRI RAGHAVENDRA G GAYATRI, ADVOCATE (VIDEO

CONFERENCING))

AND

1.

STATE OF KARNATAKA

REPRESENTED BY ITS

PRINCIPAL SECRETARY TO GOVT.,

DEPARTMENT OF MEDICAL EDUCATION,

M.S.BUILDING,

BENGALURU 3 560 001.

2.

CHAMARAJANAGAR INSTITUTE OF MEDICAL SCIENCES

(AN AUTONOMOUS OF GOVERNMENT OF KARNATAKA)

DISTRICT HOSPITAL PREMISES, B.RACHAIAH

DOUBLE ROAD, CHAMARAJANAGAR 3 571 979

(CHAMARAJANAGAR DISTRICT

REPRESENTED BY ITS

2

DIRECTOR AND DEAN

CHAMARAJANAGAR) 3 571 979.

3.

DR. CHANDRASHEKAR T.N

S/O NOT KNOWN, DIRECTOR AND DEAN,

CHAMARAJANAGAR INSTITUTE OF MEDICAL SCIENCES,

(AN AUTONOMOUS OF GOVERNMENT OF KARNATAKA)

DISTRICT HOSPITAL PREMISES, B.RACHAIAH DOUBLE ROAD,

CHAMARAJANAGAR-571979

4.

DR. SHREEDHAR K.C.,

S/O NOT KNOWN,

AGED ABOUT 39 YEARS,

ASSOCIATE PROFESSOR

CHAMARAJANAGAR INSTITUTE

OF MEDICAL SCIENCES,

(AN AUTONOMOUS OF

GOVERNMENT OF KARNATAKA)

DISTRICT HOSPITAL PREMISES,

B.RACHAIAH DOUBLE ROAD,

CHAMARAJANAGAR 3 571 979.

... RESPONDENTS

(BY SMT.M.C.NAGASHREE, AGA FOR R1 (PHYSICAL HEARING)

SRI R.S.RAVI, ADVOCATE FOR R2 AND R3 (VIDEO

CONFERENCING)

SRI V.R.SARATHY, ADVOCATE FOR R4(PHYSICAL HEARING))

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

ORDER DATED 25.11.2016 AT ANNEX-A ISSUED BY R-1; DIRECT

THE R-1 TO 2 TO SELECT AND APPOINT THE PETITIONER TO THE

POST OF ASSOCIATE PROFESSOR IN FORENSIC MEDICINE

TREATING

THE

PETITIONER

ELIGIBLE

AFTER

AWARDING

APPROPRIATE MARKS IN THE INTERVIEW UNDER THE S.C.

CATEGORY.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN 8B9 GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

3

ORDER

The petitioner, a participant in the selection process,

initiated by the second respondent 3 Chamarajanagar Institute

of Medical Sciences, Chamarajanagar (hereinafter referred to as

8the Institute9 for short), calls in question the appointment of the

fourth respondent to the post of Associate Professor in the

discipline of Forensic Medicine, ignoring the claim of the

petitioner.

2. Heard Sri Raghavendra G. Gayathri, learned counsel

appearing for the petitioner, Smt. M.C.Nagashree, learned

Additional

Government

Advocate

appearing

for

the

first

respondent, Sri R.S.Ravi, learned counsel appearing for second

and third respondents and Sri V.R.Sarathy, learned counsel

appearing for the fourth respondent.

3. Brief facts of the case leading to the filing of the petition,

as borne out from the pleadings, are as follows:

4

Respondent No.2 - Institute issued an employment

notification inviting applications from eligible candidates to fill

up posts by way of walk in interview in various discipline on

20.07.2016, one of which was the post of Forensic Medicine,

which concerns the present lis. Pursuant to the selection

process, the fourth respondent was appointed to the post of

Associate Professor in Forensic Medicine by order dated

25.11.2016. The petitioner challenges the said order of

appointment, appointing the fourth respondent.

4. Sri Raghavendra G. Gayathri, learned counsel appearing

for the petitioner would urge two contentions. One, the post

having been reserved for scheduled caste could not have been

filled up by appointing other candidates as the petitioner was

the only candidate in the selection, who belonged to scheduled

caste. The other being, the petitioner who had three

publications in the journals that were required in terms of the

Medical Council of India Regulations and the Selection

5

Committee has not awarded any marks and con