Reserved on : 03.12.2025 Pronounced on : 04.02.2026 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 04^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.101766 OF 2024 (S - PRO)

BETWEEN:

DR.USHARANI N., AGED ABOUT 46 YEARS W/O DR.C.RAGHUVEER OCCN.: PROFESSOR DEPARTMENT OF OBSTETRICS AND GYNAECOLOGY (OBG)

VIJAYANAGAR INSTITUTE OF MEDICAL SCIENCES (VIMS)

BALLARI – 583 104.

... PETITIONER (BY SRI P.A.KULKARNI, SR.ADVOCATE A/W SRI P.G.CHIKKANARAGUND, ADVOCATE)

AND:

1 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MEDICAL EDUCATION (HEALTH AND FAMILY WELFARE)

VIKAS SOUDHA BENGALURU – 560 001.

2 . THE DIRECTOR VIJAYANAGAR INSTITUTE OF MEDICAL SCIENCES (VIMS)

BALLARI – 583 104.

3 . CHIEF ADMINISTRATIVE OFFICER VIJAYANAGAR INSTITUTE OF MEDICAL SCIENCES (VIMS)

BALLARI – 583 104.

4 . DR. SHAILA CHIKKAGOWDRA OCCN : PROFESSOR DEPARTMENT OF OBSTETRICS AND GYNAECOLOGY (OBG)

VIJAYANAGAR INSTITUTE OF MEDICAL SCIENCES (VIMS)

BALLARI – 583 104.

... RESPONDENTS (BY SMT.GIRIJA S.HIREMATH, HCGP FOR R1;

SRI J.M.ANILKUMAR, ADVOCATE FOR R2 AND R3;

SRI A.S.PATIL, A/W SRI SABEEL AHMED, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO – A.DECLARE AND DIRECT THE RESPONDENTS HEREIN BY ISSUE OF A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT ORDER OR DIRECTION; (1) TO EXTEND THE TIME BOUND PROMOTION PROFESSOR SCALE IN TERMS OF GO DATED 16.12.2011 READ WITH MODIFICATION GO DATED 12.02.2013 BOTH AVAILABLE VIDE ANNEXURE-L TO THIS PETITION w.e.f 06.08.2022 WITH ALL CONSEQUENTIAL BENEFITS INCLUDING THE MONETARY BENEFITS; (II) TO EXTEND THE BENEFIT OF REGULAR PROMOTION TO THE GRADE OF PROFESSOR W.E.F 16.10.2023 ON PAR WITH HER COMPARES IN OTHER DEPARTMENTS AS EVIDENCED BY R-2's OM DATED 11.12.2023 ANNEXURE-M WITH ALL CONSEQUENTIAL BENEFITS INCLUDING THE MONETARY BENEFITS; III) TO REMOVE THE REMARKS APPEARING IN THE SENIORITY LIST DATED 10.02.2023 OF THE ASSOCIATE PROFESSOR GRADE IN OBG DEPARTMENT OF R-2 INSTITUTE AND TO SETTLE THE SENIORITY POSITION OF PETITIONER AND R-4 ONCE AND FOR ALL IN THE GRADES OF ASSOCIATE PROFESSOR AND PROFESSOR ON THE BASIS OF THE RELIEF (I) AND (II) ABOVE; B. DIRECT THE RESPONDENTS 1 TO 3 HEREIN FOR COMPLIANCE OF THE ABOVE DIRECTIONS WITHIN A STIPULATED PERIOD OF THREE MONTHS OR WITHIN SUCH PERIOD THAT MAY BE FIXED BY THIS HON’BLE COURT IN THE CIRCUMSTANCES OF THE CASE.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 03.12.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioner is before this Court seeking the following prayers:

A. “Declare and direct the Respondents herein by issue of a writ in the nature of mandamus or any other writ order or direction;

(i) To extend the Time Bound Promotion Professor scale in terms of G.O. dated 16-12-2011 read with modification G.O. dated 12-02-2013 both available vide Ann-L to this petition w.e.f. 06-08-2022 with all consequential benefits including the monetary benefits.

(ii) To extend the benefit of regular promotion to the grade of Professor w.e.f. 16-10-2023 on par with her compares in other departments as evidenced by R-2’s O.M. dated 11-12-2023 Annexure-M with all consequential benefits including the monetary benefits.

(iii) To remove the remarks appearing in the seniority list dated 10-02-2023 of the Associate Professor grade in OBG Department of R-2 Institute and to settle the seniority position of petitioner and R-4 once and for all in the grades of Associate Professor and Professor on the basis of the relief (i) & (ii) above.

B. Direct the respondents 1 to 3 herein for compliance of the above directions within a stipulated period of three months or within such period that may be fixed by this Hon’ble Court in the circumstances of the case.

C. Pass any other order or direction that this Hon’ble Court may deem it fit and necessary in the facts and circumstances of the present case and in the i