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KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SRI H.R. RENUKAIAH – Appellant
Versus
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT AND – Respondent
WP 5373/2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.5373/2020 (S - RES)
BETWEEN
1.
SRI H.R. RENUKAIAH,
AGED ABOUT 52 YEARS,
S/O LATE REVANNA,
WORKING AS ATTENDER,
OFFICE OF THE CHAIRMAN,
HOSPITAL MANAGEMENT COMMITTEE,
K.I.M.S HOSPITAL, V.V.PURAM,
BENGALURU 3 560 004.
2.
SRI. GOPALA KRISHNA S.T.,
AGED ABOUT 45 YEARS,
S/O THATHE GOWDA,
WORKING AS ATTENDAR,
OFFICE OF THE
MEDICAL SUPERINTENDENT,
HOSPITAL MANAGEMENT COMMITTEE,
K.I.M.S HOSPITAL, V.V.PURAM,
BENGALURU 3 560 004.
3.
SRI. PRAKASH,
AGED ABOUT 43 YEARS,
S/O ANKAIAH,
WORKING AS ATTENDER,
ORTHOPAEDIC DIVISION,
K.I.M.S HOSPITAL, V.V.PURAM,
BENGALURU 3 560 004.
2
4.
SRI. CHANDREGOWDA H.T.,
AGED ABOUT 43 YEARS,
S/O LATE THIMMAPPA,
WORKING AS ATTENDER,
PAEDIATRIC DIVISION,
K.I.M.S HOSPITAL, V.V.PURAM,
BENGALURU 3 560 004.
5.
SRI. JAYARAM B.,
AGED ABOUT 47 YEARS,
S/O SRINIVAS,
WORKING AS ATTENDER,
OPHTHAMOLOGY DIVISION,
K.I.M.S HOSPITAL, V.V.PURAM,
BENGALURU 3 560 004.
... PETITIONERS
[BY SRI. NATARAJA BALLAL A, ADVOCATE
(VIDEO CONFERENCING)]
AND
1.
ADDITIONAL CHIEF SECRETARY
TO GOVERNMENT AND APPELLATE AUTHORITY,
HEALTH AND FAMILY WELFARE DEPARTMENT,
(MEDICAL EDUCATION),
M.S.BUIDLING, DR.AMBEDKAR VEEDHI,
BENGALURU 3 560 001.
2.
RAJYA VOKKALIGARA SANGHA,
#148, <NADAPRABHU KEMPEGOWDA
BHAVANA=, K.R.ROAD, V.V.PURAM,
BENGALURU 3 560 004.
BY THE ADMINISTRATOR.
3.
THE PRESIDENT,
RAJYA VOKKALIGARA SANGHA,
#148, <NADAPRABHU KEMPEGOWDA
BHAVANA=, K.R.ROAD, V.V.PURAM,
BENGALURU 3 560 004.
3
BY THE ADMINISTRATOR.
4.
THE ADMINISTRATIVE OFFICER,
KIMS HOSPITAL,
VOKKALIGARA SANGHA,
V.V.PURAM,
BENGALURU 3 560 004.
... RESPONDENTS
[BY SMT.NAGASHREE M.C., AGA FOR R1;
SRI.C.N.KESHAVA PRASHANTH, ADVOCATE FOR
R2 TO R4
(VIDEO CONFERENCING)]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR RECORDS AND TO QUASH THE ORDER DATED
07.02.2020 PASSED BY THE R1 IN APPEAL NO.95/2018
ANNEXURE 3 A AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Nataraja Ballal A.,the learned counsel
appearing for the petitioners, Smt. M.C. Nagashree,
learned Additional Government Advocate appearing for
respondent No.1 and Sri. C.N. Keshava Prashanth,
learned counsel appearing for respondent Nos.2 to 4.
4
2.
The petitioners in this writ petition call in
question an order passed by the Appellate Authority
under the Karnataka Education Act, 1995 (hereinafter
referred to as 8the said Act9 for short) declining to
entertain the appeal on the ground that Institution
governed by a central enactment would not come within
the purview of the said Act.
3.
The
petitioners
are
all
employees
of
respondent Nos.2, 3 and 4 and were all appointed as
Ward Boys on 15.11.1990 and were subsequently
promoted as Attenders in the year 2017 and were all
working in the cadre of Attender at the relevant point in
time.
4.
Respondent
Nos.2
and
3
reverted
the
petitioners from the cadre of Attender to that of Ward
Boy by certain orders which were called in question
before the Appellate Authority 3 respondent No.1
invoking Section 130 of the said Act.
5
5.
The ground on which the appeal is dismissed
in terms of the definitions of the coverage of the said
Act. The Clause that takes away the jurisdiction of the
Appellate Authority insofar as it pertains to colleges and
institutions, which reads as follows:
<Clause 3(iv): insofar as the matters
pertaining to colleges and institutions are
dealt within.-
(a)
the Indian Medical Council Act, 1956
(Central Act, C11 of 1956);
(b)
the Dentists Act, 1948 (Central Act XVI of
1948);
(c)
the Pharmacy Act, 1948 (Central Act VIII of
1948);
(d)
the Karnataka State Universities Act,
1976 (Karnataka Act 28 of 1976
