THE HIGH COURT OF KARNATAKA
JAYANT BANERJI AND T.M.NADAF
DR SAGAR K S – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 2386/2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 2386 OF 2026 (EDN-RES)
BETWEEN:
1. DR. SAGAR K S., S/O SHANKARI GOWDA K.N., AGED ABOUT 36 YEARS, WORKING AS A GDMO PHC AKKIHEBBALU, KRISHNARAJAPETE TALUK, MANDYA DISTRICT, MANDYA - 571 426, R/O KATTERI VILLAGE, PANDAVAPURA TALUQ, MANDYA DISTRICT - 571 426.
2. DR. SHALINI GOVIND, W/o PUNITH N G., AGED ABOUT 31 YEARS, WORKING AS GDMO AT HULIKUNTE PHC, DODDABALLAPUR TALUK, BANGALORE RURAL DISTRICT, R/O 633/62, 5TH MAIN, 13TH CROSS, MC LAYOUT, VIJAYNAGARA, BANGALORE - 560 040.
…PETITIONERS (BY SRI.N.KHETTY., ADVOCATE FOR SMT. AKKAMAHADEVI HIREMATH., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF HEALTH & FAMILY WELFARE, (MEDICAL EDUCATION)
VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
REP. BY ITS PRINCIPAL SECRETARY
2. THE COMMISSIONER, HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BENGALURU - 560 023.
3. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, GOVERNMENT OF KARNATAKA, BMCRI, 1ST FLOOR, FORT, K.R. ROAD, BENGALURU - 560 002.
4. KARNATAKA EXAMINATION AUTHORITY, 18TH CROSS ROAD, SAMPIGE ROAD, MALLESHWARAM, BANGALORE - 560 017, REP. BY ITS EXECUTIVE DIRECTOR …RESPONDENTS (BY SRI. REUBEN JACOB., AAG A/W.
SMT. PRATHIBA R.K., AGA FOR R1 TO R3;
SRI. N.K.RAMESH, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) DIRECT THE RESPONDENT NO.4 TO RECEIVE THE FORM-H DATED 08.01.2026 (ANNEXURE-J1) OF THE PETITIONER NO.1 AND THE FORM-H DATED 20.01.2026 (ANNEXURE-J2) OF THE PETITIONER NO.2, IN RESPECT OF THEIR RESPECTIVE APPLICATIONS BOTH DATED 26.09.2025 (ANNEXURE-E1 AND E2) AND (B) DIRECT THE RESPONDENTS TO OFFER THE FIVE DECATEGORISED INSERVICE SEATS WHICH HAVE REMAINED UNFILLED AFTER THE SECOND ROUND, NAMELY (i) GEN MEDICINE IN KVG SULLIA, (ii) ANAESTHESIA IN KIMS, BANGALORE, (iii) ANAESTHESIA IN BRIMS, BIDAR, AND (iv) ANAESTHESIA IN GRIMS, GADAG AND (v) DERMATOLOGY IN KIMS, KODAGU, TO THE INSERVICE PETITIONERS WHO CAN CHOOSE FROM THE SAID SEATS, ON A FIRST PRIORITY/PREFERENCE BASIS, BEFORE THE COMMENCEMENT OF THE 3RD ROUND (MOP UP) AND ETC., THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 11.02.2026, COMING ON FOR ‘PRONOUNCEMENT OF ORDER’ THIS DAY, THE COURT, MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF
CAV ORDER
(PER CURIAM)
Heard learned counsel for the petitioners, learned Additional Advocate General for the respondents/State Authorities and learned counsel for the Karnataka Examination Authority.
2. This Writ Petition has been filed seeking following reliefs:
1) Direct the Respondent No.4 to receive the Form-
H dated 08-01-2026 (Ann-J1) of the Petitioner No.1 and the Form-H dated 20-01-2026 (Ann-J2) of the Petitioner No.2, in respect of their respective Applications both dated 26-09-2025 (Annexure-E1 and E2), and
2) Direct the Respondents to offer the five decategorised Inservice seats which have remained unfilled after the second round, namely, (i) GEN MEDICINE in KVG Sullia, (ii) ANAESTHESIA in KIMS, Bangalore, (iii) ANAESTHESIA in BRIMS, Bidar, and (iv) ANAESTHESIA in GRIMS, Gadag, and (v) DERMATOLOGY in KIMS, Kodagu, to the Inservice Petitioners who can choose from the said seats, on a first priority/preference basis, before the commencement of the 3rd Round (Mop Up):
3) Such other writs or orders as this Hon'ble Court deems fit in the facts and circumstances of the case, and in the interest of justice.
3. Petitioner No.1 is working as General Duty Medical Officer (GDMO for short) at Akki Hebballu, K.R.Pet, Mandya in the first respondent Department and was appointed on 01.06.2021, and completed his probationary period successfully on 31.05.2023 and he has completed his mandatory three years of regular service on 31.05.2024.
4. Petitioner No.2 is working as GDMO at PHC Hulikunte
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