IN THE HIGH COURT OF KARNATAKA AT BANGALORE B E F O R E THE HON BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NOS /2013 (S-RES)

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1 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 21 ST DAY OF MARCH, 2014 B E F O R E THE HON BLE MR. JUSTICE A.N. VENUGOPALA GOWDA BETWEEN: WRIT PETITION NOS /2013 (S-RES) 1. DR. ANAND S/O. LATE H.S. KRISHNAMURTHY AGED 64 YEARS PROFESSOR, DEPT. OF ANAESTHESIOLOGY MANDYA DR. KRISHNA K S/O KEMPEGOWDA AGED 45 YEARS ASSOCIATE PROFESSOR DEPT. OF ANAESTHESIOLOGY MANDYA DR. G. SHIVAKUMAR S/O S M GURULINGASWAMY AGED 42 YEARS ASSOCIATE PROFESSOR DEPT. OF ANAESTHESIOLOGY MANDYA DR. LOKESH V C S/O CHAMUNDAIAH AGED 31 YEARS ASSISTANT PROFESSOR DEPT. OF ANAESTHESIOLOGY MANDYA

2 2 5. DR. UMESH N P S/O PRABHAKARAIAH N V AGED 33 YEARS ASSISTANT PROFESSOR DEPT. OF ANAESTHESIOLOGY MANDYA DR. M S TRINESH GOWDA S/O LATE M. SHANKARANARAYANA AGED 45 YEARS PROFESSOR & HOD, DEPT. OF ANATOMY 7. DR. KATHIRESAN D/O M KAYAMBOO AGED 36 YEARS, ASSISTANT PROFESSOR DEPT. OF ANATOMY 8. DR. NAGALAKSHMI W/O G R SURESH AGED 45 YEARS ASSISTANT PROFESSOR, DEPT. OF ANATOMY 9. DR. SANJEEV KUMAR S/O SHIVAPUTHRAPPA Sr. GADAG AGED 36 YEARS ASSISTANT PROFESSOR, DEPT. OF ANATOMY 10. DR. D H RAJENDRA S/O D H MALLINATHAIAH AGED 51 YEARS, PROFESSOR & HOD DEPARTMENT OF PHYSIOLOGY

3 3 11. DR. HEMA LATHA N R S/O DR. LOKESH, AGED 33 YEARS ASSOCIATE PROFESSOR DEPT. OF PHYSIOLOGY 12. DR. L. SHASHIKALA W/O A S KRISHNA, AGED 39 YEARS ASSISTANT PROFESSOR, DEPT. OF PHYSIOLOGY 13. DR. PUSHPA SARKAR S/O RAMESH SARKAR AGED 52 YEARS, PROFESSOR & HOD DEPARTMENT OF BIOCHEMISTRY 14. DR. S K MAHADEVA S/O LATE KARIGOWDA AGED 46 YEARS, ASSOCIATE PROFESSOR DEPT. OF BIOCHEMISTRY 15. DR. RAGHUNATH H S/O S HANUMANTHARAYA AGED 35 YEARS ASSISTANT PROFESSOR, DEPT. OF BIOCHEMISTRY 16. DR. B J MAHENDRA S/O C JAYAKRISHNAPPA AGED 44 YEARS, PROFESSOR & HOD DEPT. OF COMMUNITY MEDICINE 17. DR. HARISH B R S/O DR. RUDRESH B M

4 4 AGED 41 YEARS, ASSOCIATE PROFESSOR DEPT. OF COMMUNITY MEDICINE 18. DR. VINAY M S/O N MUNINARAYANA SWAMY AGED 38 YEARS, ASSOCIATE PROFESSOR DEPT. OF COMMUNITY MEDICINE 19. DR. MANJUNATH M S/O MR. MUDDE GOWDA AGED 40 YEARS, ASSISTANT PROFESSOR DEPT. OF COMMUNITY MEDICINE 20. MR. B NAGARAJA GOUD S/O LATE SRI B CHINNABASAVANA GOUD AGED 34 YEARS STATICIAN CUM ASST. PROFESSOR DEPT. OF COMMUNITY MEDICINE 21. DR. M R HARISH S/O M S RAJE GOWDA AGED 40 YEARS, ASSOCIATE PROFESSOR DEPT. OF DERMATOLOGY 22. DR. SHASHIKUMAR B M S/O K MADEGOWDA, AGED 32 YEARS ASSISTANT PROFESSOR, DEPT. OF DERMATOLOGY 23. DR. HANUMANTHA PRASAD M S/O LATE B MUNIYAPPA AGED 45 YEARS, PROFESSOR

5 5 DEPT. OF ENT 24. DR. RAVI D, S/O KALAPPA AGED 40 YEARS ASSOCIATE PROFESSOR, DEPT. OF ENT 25. DR. VIJAY P S/O DR. MOHAN B P AGED 40 YEARS, ASSISTANT PROFESSOR DEPT. OF ENT 26. DR. N K BALAJI, S/O DR. C KALEGOWDA AGED 31 YEARS SENIOR RESIDENT, DEPT. OF ENT 27. DR. PUTTASWAMY, S/O MALLAIAH AGED 49 YEARS, ASSOCIATE PROFESSOR DEPT. OF FORENSIC MEDICINE 28. DR. K ASHWINI NARAYAN S/O DR. K S NARAYAN SWAMY AGED 37 YEARS, ASSISTANT PROFESSOR DEPT. OF FORENSIC MEDICINE 29. DR. SHIVA KUMAR, S/O SHIVAKUMAR AGED 50 YEARS, PROFESSOR & HOD DEPT. OF GENERAL MEDICINE

6 6 30. DR. G M PRAKASH S/O G MADEGOWDA AGED 50 YEARS, PROFESSOR DEPT. OF GENERAL MEDICINE 31. DR. REKHA M C W/O DR. NARASIMHA SWAMY P AGED 38 YEARS, ASSOCIATE PROFESSOR DEPT. OF GENERAL MEDICINE 32. DR. CHANDRE GOWDA, S/O UJJANI GOWDA AGED 46 YEARS, ASSISTANT PROFESSOR DEPT. OF GENERAL MEDICINE 33. DR. RAMAKRISHNA S., S/O LATE SIDDAYYA AGED ABOUT 41 YEARS ASSISTANT PROFESSOR DEPT. OF GENERAL MEDICINE 34. DR. L RAGHAVENDRA S/O K N LINGEGOWDA AGED 32 YEARS, ASSISTANT PROFESSOR DEPT. OF GENERAL MEDICINE 35. DR. SUMANGALA B, D/O BASAVARAJAIAH AGED 49 YEARS PROFESSOR, DEPT. OF MICROBIOLOGY 36. DR. A M KEERTHI S/O LATE A L MAHADEVAPPA AGED 42 YEARS, ASSOCIATE PROFESSOR

7 7 DEPT. OF MICROBIOLOGY 37. DR. SHANUMKHAPPA, S/O S VENKAPPA AGED 38 YEARS, ASSOCIATE PROFESSOR DEPT. OF MICROBIOLOGY 38. DR. MAMATHA P SAMAGA W/O DR. SATHEESH RAO A K AGED 31 YEARS, ASSISTANT PROFESSOR DEPT. OF MICROBIOLOGY 39. DR. LALITHA SHIVANNA D/O LATE PATEL SATHANUR KALEGOWDA AGED 64 YEARS, PROFESSOR & HOD DEPT. OF OBG 40. DR H C SAVITHA, D/O M E MOHAN AGED 43 YEARS, ASSOCIATE PROFESSOR DEPT. OF OBG 41. DR. KAVYASHREE G., W/O DR. RAMESH H C AGED 42 YEARS, ASSOCIATE PROFESSOR DEPT. OF OBG 42. DR. MANOHAR R., S/O RANGASWAMY R AGED 34 YEARS, ASSISTANT PROFESSOR DEPT. OF OBG

8 8 43. DR. SANJAYKUMAR C S/O CHIKKARASAIAH AGED 31 YEARS, ASSISTANT PROFESSOR DEPT. OF OBG 44. DR. PRADEEP M R S/O RAMACHANDRA M R AGED 34 YEARS, ASSISTANT PROFESSOR DEPT OF OBG 45. DR. S L VIDYA PRASAD S/O S C LINGAIAH, AGED 53 YEARS PROFESSOR & HOD DEPT. OF ORTHOPAEDICS 46. DR. RAMESH N T., S/O THIMMAIAH AGED 45 YEARS, ASSOCIATE PROFESSOR DEPT. OF ORTHOPAEDICS 47. DR. A PANDARINATH S/O LATE M V A N RAO AGED 55 YEARS, ASSISTANT PROFESSOR DEPT. OF ORTHOPAEDICS 48. DR. A B PUTTASWAMY GOWDA S/O BASAVEGOWDA AGED 59 YEARS, ASSISTANT PROFESSOR DEPT. OF ORTHOPAEDICS 49. DR. THAMMANNA P S S/O SINGRI GOWDA, AGED 48 YEARS

9 9 ASSISTANT PROFESSOR DEPT. OF PAEDIATRICS 50. DR. SRIDHAR P V S/O MR. K VEERAGOWDA AGED 35 YEARS, ASSISTANT PROFESSOR DEPT. OF PAEDIATRICS 51. DR. KEERTHI B J S/O B T JAYARAM AGED 33 YEARS, ASSISTANT PROFESSOR DEPT. OF PAEDIATRICS 52. DR. S SHIVAKUMAR S/O MR. V SUNDARAM AGED 50 YEARS, PROFESSOR & HOD DEPT. OF PATHOLOGY 53. DR. M S SIDDEGOWDA S/O SIDDE GOWDA, AGED 49 YEARS ASSOCIATE PROFESSOR, DEPT. OF PATHOLOGY 54. DR. MALATHI B G., D/O K GOVINDAIAH AGED 42 YEARS, ASSOCIATE PROFESSOR DEPT. OF PATHOLOGY 55. DR. B KALA, D/O P BASAVAIAH AGED 54 YEARS, ASSOCIATE PROFESSOR DEPT. OF PATHOLOGY

10 DR. MURALIDHAR BHAT Y S/O RAGHUVEER BHAT Y AGED 43 YEARS, ASSOCIATE PROFESSOR DEPT. OF PATHOLOGY 57. DR. MANJULA MANCHALE K W/O DR. PRAVEEN B BIRADAR AGED 34 YEARS, ASSISTANT PROFESSOR DEPT. OF PATHOLOGY 58. DR. M R MANJUNATH, S/O M P RAMARAJU AGED 35 YEARS, ASSISTANT PROFESSOR DEPT. OF PATHOLOGY 59. DR. H P SHIVAPRASAD S/O LATE H PANCHEGOWDA AGED 54 YEARS, PROFESSOR & HOD DEPT. OF PHARMACOLOGY, MANDYA DR. SHASHI KUMAR N S S/O N SIDDAIAH, AGED 37 YEARS ASSISTANT PROFESSOR, DEPT. OF PHARMACOLOGY, MANDYA DR. NAGARAJAIAH B H S/O HANUMANTHARAYAPPA AGED 36 YEARS, ASSISTANT PROFESSOR DEPT. OF PHARMACOLOGY, MANDYA DR. VIDYA R, W/O CHANDRAMOHAN AGED 29 YEARS, ASSISTANT PROFESSOR DEPT. OF PHARMACOLOGY

11 11, MANDYA DR. V L NANDISH S/O LATE LINGADEVARU AGED 55 YEARS, PROFESSOR & HOD DEPT. OF GENERAL SURGERY MANDYA DR. C M PARAMESHWARA S/O K H MUNIKRISHNA AGED 40 YEARS, ASSISTANT PROFESSOR DEPT. OF GENERAL SURGERY MANDYA DR. K H GOPALAKRISHNA S/O HUCHANNA SETTY AGED 47 YEARS, ASSISTANT PROFESSOR DEPT. OF GENERAL SURGERY MANDYA DR. S V BALAKRISHNA S/O VAIDYANATHAN AGED 43 YEARS, ASSISTANT PROFESSOR DEPT. OF GENERAL SURGERY MANDYA DR. K C CHANDRASHEKARAIAH S/O CHANNARAJAPPA, AGED ABOUT 38 YEARS SENIOR RESIDENT, DEPT. OF GENERAL SURGERY MANDYA DR. RAMAIAH S/O MUNIVENKATAIAH AGED 54 YEARS, PROFESSOR & HOD DEPT. OF ANATOMY 69. DR. H SIDDESH KUMAR S/O DR. RAMAKRISHNA SHETTY AGED 45 YEARS, ASSOCIATE PROFESSOR DEPT. OF OPTHALMOLOGY

12 DR. AMAR VARMA S/O DR. C KRISHNAMURTHY AGED 39 YEARS, PROFESSOR & HOD DEPT. OF DENTISTRY 71. DR. S D MANDOLKAR S/O DODDAPPA AGED 43 YEARS, PROFESSOR & HOD DEPT. OF GENERAL SURGERY 72. DR. P.D. DIXIT, AGED 61 YEARS PROFESSOR & HOD, DEPT. OF PHYSIOLOGY 73. DR. VASANT CHAVAN S/O ROOPASING AGED 52 YEARS, PROFESSOR & HOD DEPT. OF PHARMACOLOGY 74. DR. SHIVANAND DODAMANI S/O MARKANDEYA DODAMANI AGED 52 YEARS, PROFESSOR & HOD DEPT. OF ORTHOPAEDICS 75. DR. CHANDAN SABLE S/O DHONDIRAM AMOGI SABALE AGED 36 YEARS, ASSOCIATE PROFESSOR DEPT. OF MICROBIOLOGY 76. DR. SHANKAR GOWDA IREDDY S/O SHARANAPPA AGED 36 YEARS, ASSOCIATE PROFESSOR DEPT. OF DERMATOLOGY

13 DR. ANIL GUMASTHE, AGED 35 YEARS ASSISTANT PROFESSOR, DEPT. OF PSYCHIATRY 78. DR. MD ARSHAD, AGED 31 YEARS ASSISTANT PROFESSOR DEPT. OF PHARMACOLOGY 79. DR. MANISH K, AGED 35 YEARS ASSISTANT PROFESSOR DEPT. OF FORENSIC MEDICINE 80. DR. MAHESH KUMAR C H AGED 36 YEARS, ASSISTANT PROFESSOR DEPT. OF PATHOLOGY 81. DR. NAMITA, AGED 36 YEARS ASSISTANT PROFESSOR, DEPT. OF PHYSIOLOGY 82. DR. PREMSAGAR WAGHMARE, AGED 37 YEARS ASSISTANT PROFESSOR, DEPT. OF PHYSIOLOGY 83. DR. DIN PRAKASH RANJAN S/O LATE SRI HARI NARAYAN PRASAD AGED 36 YEARS, ASSOCIATE PROFESSOR DEPT. OF COMMUNITY MEDICINE

14 DR. INDER RAJ ITAGI AGED 43 YEARS, ASSISTANT PROFESSOR DEPT. OF PATHOLOGY 85. DR. RAMESH, AGED 34 YEARS ASSISTANT PROFESSOR, DEPT. OF BIOCHEMISTRY 86. DR. SHASHIKALA PRABHAKAR AGED 54 YEARS, ASSISTANT PROFESSOR DEPT. OF PAEDIATRICS 87. DR. SHIVAPPA HATNOOR AGED 38 YEARS, ASSISTANT PROFESSOR DEPT. OF COMMUNITY MEDICINE 88. DR. SANTOSHKUMAR MULAGE AGED 40 YEARS, ASSISTANT PROFESSOR DEPT. OF ANATOMY 89. DR. SUHAS Y. CHOUDHARI AGED 48 YEARS, ASSISTANT PROFESSOR DEPT. OF ENT 90. DR. TIRUMAL RAO, AGED 37 YEARS ASSISTANT PROFESSOR, DENTAL DEPARTMENT 91. DR. VENKATESH NAIK AGED 39 YEARS, ASSISTANT PROFESSOR DEPT. OF MICROGIOLOGY

15 DR. VIJAYKUMAR MAHADEV PUJARI AGED 38 YEARS, ASSOCIATE PROFESSOR DEPT. OF BIOCHEMISTRY 93. DR. RAHUL CHOKHOBA KIRTE AGED 38 YEARS, ASSOCIATE PROFESSOR & HOD DEPT. OF COMMUNITY MEDICINE 94. DR. K S RAJAKUMARI, AGED 54 YEARS ASSOCIATE PROFESSOR, DEPT. OF OBG 95. DR. RAGHUNANDAN M., AGED 30 YEARS ASSISTANT PROFESSOR DEPT. OF PHARMACOLOGY 96. DR. RAVI SHANKAR G AGED 34 YEARS, ASSISTANT PROFESSOR DEPT. OF ANATOMY RAICHUR INSTITUTE OF MEDICAL SICENCES, 97. DR. MALLIKARJUNA S/O M ESHAPPA AGED 43 YEARS, PROFESSOR & HOD DEPT. OF ANATOMY BELLARY DR. PHANIRAJ S., S/O S NAGARAJ., AGED 41 YEARS, PROFESSOR DEPT. OF ANATOMY BELLARY

16 DR. D KRISHNASWAMY S/O LATE D DYAMAIAH AGED 48 YEARS, PROFESSOR & HOD DEPT. OF BIOCHEMISTRY BELLARY DR. NOORJEHAN BEGUM D/O MD. HUSSAIN AGED 47 YEARS, PROFESSOR & HOD BELLARY DR. C BHARATH S/O LATE C BASAVANAPPA AGED 48 YEARS, PROFESSOR & HOD DEPT OF PATHOLOGY BELLARY DR. M SHANTHI D/O V MANICKAM AGED 42 YEARS, PROFESSOR DEPT. OF PATHOLOGY BELLARY DR. KRISHNA S., S/O B S SRINIVASAN AGED 43 YEARS, PROFESSOR BELLARY DR. MARI RAJ J., S/O J DODDA BASAPPA AGED 43 YEARS, PROFESSOR BELLARY DR. BASAVARAJ S., S/O VEERABHADRAPPA S AGED 44 YEARS, PROFESSOR BELLARY DR. T GANGADHARA GOUD S/O LATE T MALLANA GOUD AGED 44 YEARS, PROFESSOR & HOD

17 17 BELLARY DR. GADWALKAR SRIKANT R., S/O RAMACHARYA, AGED 52 YEARS PROFESSOR & HOD, DEPT. OF MEDICINE BELLARY DR. M MALLIKARJUNA REDDY S/O M LINGA REDDY AGED 48 YEARS, PROFESSOR BELLARY DR. S L RAVI S/O S H LAKSHMANA AGED 48 YEARS, PROFESSOR DEPT. OF MEDICINE BELLARY DR. SHASHIBHUSHAN J S/O A V GOPALAKRISHNA BHATT AGED 40 YEARS, PROFESSOR DEPT. OF MEDICINE BELLARY DR. M VEERA SHANKAR S/O M. SANJEEVAPPA AGED 58 YEARS, PROFESSOR BELLARY DR. LAKSHMINARAYANA REDDY S/O M SHANKARA REDDY AGED 41 YEARS, PROFESSOR BELLARY DR. KARJIGI SIDDALINGAPPA S/O KOTRABASAPPA AGED 58 YEARS, PROFESSOR DEPT. OF SKIN & STD

18 18 BELLARY DR. SURESH T S/O KRISHNAMURTHY ACHAR T AGED 53 YEARS, PROFESSOR DEPT. OF SKIN & STD BELLARY DR. VEERESH S/O HUSENAPPA AGED 47 YEARS, PROFESSOR DEPT. OF SKIN BELLARY DR. VIDYADHAR A KINHAL S/O LATE ANANTACHAR KINHAL AGED 54 YEARS, PROFESSOR & HOD DEPT. OF SURGERY BELLARY DR. CHANNANNA S/O CHIDAMBER RAO, AGED: 50 YEARS PROFESSOR, 118. DR. K.B. PHULEKAR S/O LATE BHIMANNA AGED: 59 YEARS, PROFESSOR 119. DR. PRABHU HUBLI S/O CHANDRAPPA HUBLI AGED:48 YEARS, PROFESSOR DEPT. OF SURGERY

19 DR. D. PRABHANJAN KUMAR S/O LATE D. KRISHNA MURTHY RAO, AGE: 54 YEARS PROFESSOR, DEPT. OF ORTHOPAEDICS, 121. DR. GURUDUTH G.V. S/O DR. G. VENKAT RANGAN AGED: 46 YEARS, PROFESSOR 122. DR. E. VENKATESHULU S/O LATE ELLUNI RAMANJANEYULU AGED: 45 YEARS, PROFESSOR & UNIT CHIEF, DEPT. OF ORTHOPAEDICS, 123. DR. S. SATYANANDA RAO S/O LATE S. PANDURANGA RAO, AGED: 57 YEARS, PROFESSOR & HOD, DEPT. OF ENT, 124. DR. MANJUNATH N., S/O AYYANNA N., AGED: 45 YEARS PROFESSOR, DEPT. OF ENT, 125. DR. G. SHANKAR S/O G. NARAYANA SWAMY AGED: 46 YEARS, PROFESSOR DEPT. OF ENT, 126. DR. G. PAVAN, S/O G. DHRUVA RAO AGED: 43 YEARS, PROFESSOR DEPT. OF ENT,

20 DR. A.A. KHAZI S/O ABDUL REHAMAN AGED: 58 YEARS, PROFESSOR & HOD DEPT. OF OBG, 128. DR. JOSHI SUYAJNA D. S/O LATE D.R.K. JOSHI AGED: 56 YEARS, PROFESSOR 129. DR. MUMTAZ D. BENDIGERI W/O DR. N.M. INAMDAR AGED: 58 YEARS, PROFESSOR 130. DR. SHANKAR J. S/O IRAPPA JIRANKALI AGED: 51 YEARS, PROFESSOR DEPT. OF OBG 131. DR. SUMAN S. GADDI W/O DR. S.F. GADDI, AGED:57 YEARS PROFESSOR, DEPT. OF OBG 132. DR. VIJAYA S. HARASOOR S/O DR. S.S. HARASOOR AGED: 49 YEARS, PROFESSOR DEPT. OF OBG 133. DR. VASANT SHIVAPPA SHET S/O LATE SHIVAPPA PADMANABH SHET

21 21 AGED: 59 YEARS, PROFESSOR & HOD DEPT. OF UROLOGY 134. DR. N. IMPAD ALI S/O N. MOHAMMED SULAIMAN AGED: 42 YEARS, PROFESSOR & HOD 135. DR. A. SRINIVASA MURTHY S/O A. SHIVAPPA AGED: 58 YEARS, PROFESSOR DEPT. OF ANAESTHISIOLOGIST 136. DR. SRINIVASALU D. S/O D. NARAYAN REDDY AGED: 45 YEARS, PROFESSOR 137. DR. U. SOLOMON KRUPANIDHI S/O LATE U. SHANTHUDU AGED: 51 YEARS, ASSOCIATE PROFESSOR 138. DR. V. MALLIKARJUNA S/O N. NAGENDRA, AGED: 38 YEARS ASSISTANT PROFESSOR DEPT. OF PHYSIOLOGY 139. DR. SATISH M., S/O M. HANUMANTHA RAO AGED: 34 YEARS, ASSISTANT PROFESSOR DEPT. OF PHYSIOLOGY

22 DR. BASAVARAJ R., S/O INDUSHEKAR R. AGED 31 YEARS, ASSISTANT PROFESSOR DEPT. OF PHYSIOLOGY 141. DR. K.A CHANDRASHEKAR S/O LATE K. AYYAPPA AGED 38 YEARS, ASSISTANT PROFESSOR 142. DR. SANDHYA H.P. W/O DR. VIJAY V. AGED 28 YEARS, ASSISTANT PROFESSOR 143. DR. HARISH RAO B. S/O B. GOPAL KRISHNA RAO AGED 43 YEARS, ASSOCIATE PROFESSOR 144. DR. INDUMATI V., W/O V. YOGIRAJ AGED 40 YEARS, ASSOCIATE PROFESSOR 145. DR.SADANANDA ADIGA M.N. S/O NARASIMHA ADIGA M.S., AGED 44 YEARS, ASSOCIATE PROFESSOR, BELLARY DR. R.BHEEMASEN, S/O.R. SHESHANNA, AGED 59 YEARS, ASSISTANT PROFESSOR, DEPT. OF BIOCHEMISTRY, BELLARY DR.MAHARUDRA SHEKHANAWAR S/O SHIVAPPA, AGED 34 YEARS,

23 23 ASSISTANT PROFESSOR, BELLARY DR. SATISHKUMAR D S/O D.G.DEVENDRAPPA, AGED 35 YEARS, ASSISTANT PROFESSOR, BELLARY DR. VIJAY. V., S/O VENKATAIAH, AGED 31 YEARS, ASSISTANT PROFESSOR, BELLARY DR. RAJESHWARI W/O DR. VISHWANATH, AGED 37 YEARS, ASSISTANT PROFESSOR, 151. DR.Y. VISHWANATH, S/O C.YAMANAPPA, AGED 41 YEARS, PROFESSOR, DEPT. OF PHARMACOLOGY, BELLARY DR. SURESH S.KENDRI S/O SANNASEDEPPA, AGED 50 YEARS, ASSOCIATE PROFESSOR, 153. DR. MURGESH J.V. S/O VEERABHADRAPPA J.M., AGED 39 YEARS, ASSISTANT PROFESSOR, BELLARY DR.UMESH G.WARI S/O GULAPPA N WARI, AGED 36 YEARS, ASSISTANT PROFESSOR,

24 24 BELLARY DR. NAGAREKHA KULKARNI S/O DR. PHANIRAJ G., AGED 42 YEARS, ASSOCIATE PROFESSOR, DEPT. OF PATHOLOGY, 156. DR. SHOBHA P.BIRADAR W/O DR. RAVI, AGED 35 YEARS, ASSISTANT PROFESSOR, 157. DR. BINDU RANI K.M. D/O DR. K.J.MARISWAMY, AGED 34 YEARS, ASSISTANT PROFESSOR, 158. DR. DIVYA K.N. W/O DR. BALA SUBRAMANYA H, AGED 32 YEARS, ASSISTANT PROFESSOR, BELLARY DR. LIBA SEBASTIAN D/O JOSEPH SEBASTIAN, AGED 39 YEARS, ASSOCIATE PROFESSOR, 160. DR. SUREKHA Y.ASANGI W/O K. LAKSHMINARAYANA, AGED 39 YEARS, ASSOCIATE PROFESSOR, 161. DR. SUMATHI S., W/O SANTHOSH ANAND A.S., AGED 41 YEARS, ASSISTANT PROFESSOR,

25 DR. NARAYAN SHRIHARI S/O YALLAPPA, AGED 37 YEARS, ASSISTANT PROFESSOR, 163. DR. PUSHPALATHA.H D/O B.N.HANUMANTHAPPA, AGED 35 YEARS, ASSISTANT PROFESSOR, 164. DR. S.SHAFIYABI W/O.N.TOUSIF ALI, AGED 41 YEARS, ASSISTANT PROFESSOR, 165. DR. V.YOGIRAJ S/O V. OMKARAPPA, AGED 46 YEARS, ASSOCIATE PROFESSOR, 166. DR.CHAITANYA.R S/O G.RAJA GOPICHAND NAIK, AGED 32 YEARS, ASSISTANT PROFESSOR, BELLARY DR.K.S.SRIDHARA S/O LATE K.SRINIVASAIAH, AGED 49 YEARS, LECTURER IN STATISTICS, 168. DR. BELLARA RAGHAVENDRA S/O LATE B.SOMASHEKHAR, AGED 31 YEARS, ASSISTANT PROFESSOR,

26 DR. RAMESH. K, S/O KUBA NAIK, AGED 33 YEARS, ASSISTANT PROFESSOR, 170. DR. SAMEERA A.R.B. S/O T. KHAJA MOINUDDIN, AGED 34 YEARS, ASSISTANT PROFESSOR, 171. DR. G.SHYAMALA, W/O B.GOPAL, AGED 42 YEARS, PROFESSOR, 172. DR. B.K.RAVISHANKAR, S/O LATE B.K.DODDAMALAPPA, AGED 43 YEARS, ASSOCIATE PROFESSOR, BELLARY DR. SOMASHEKHARA.G S/O LATE GOVINDAPPA, AGED 33 YEARS, ASSISTANT PROFESSOR, DEPT. OF MEDICINE, BELLARY DR. N.KOTRESH, S/O N.HALAPPA, AGED 46 YEARS, ASSISTANT PROFESSOR, DEPT. OF MEDICINE, 175. DR. RAGHAVENDRA NAGAMMANAVAR S/O F.B. NAGAMMANAVAR AGED: 34 YEARS, ASSISTANT PROFESSOR DEPT. OF MEDICINE

27 27 BELLARY DR. SUNIL KUMAR, S/O NEELAKANT AGED: 30 YEARS ASSISTANT PROFESSOR BELLARY DR. SACHIN G.J., S/O DR. G. JAYAPPA AGED:33 YEARS ASSISTANT PROFESSOR BELLARY DR. VISHWANATH B, S/O SIDDAPPA B AGED 41 YEARS, ASSOCIATE PROFESSOR BELLARY DR. D. SUDHIR S/O LATE D. ASHOKA RAO AGED 33 YEARS, ASSISTANT PROFESSOR DEPT. OF PAEDIATRICS BELLARY DR. B.K. SRIKANTH S/O DR. B.K. SRINIVASA MURTHY AGED 36 YEARS, ASSISTANT PROFESSOR BELLARY DR. RAJESH DEVARINTI S/O DR. D. VENKATESULU AGED 31 YEARS, ASSISTANT PROFESSOR, 182. DR. S.CHIDAMBARA MURTHY S/O S.V. SAMBASIVIAH AGED 38 YEARS, ASSOCIATE PROFESSOR, DEPT. OF SKIN & STD,

28 DR. LAKSHMIPATHI Y.P. S/O Y.K. PATTAR, AGED 33 YEARS ASSISTANT PROFESSOR, 184. DR. C. RAGHUVEER S/O DR. C. KESHAVALU AGED 35 YEARS, ASSISTANT PROFESSOR, 185. DR. M. SHIVA PRASAD S/O M. GOVINDARAJULU AGED 47 YEARS, PROFESSOR DEPT. OF SURGERY 186. DR. RAVI SHANKAR T.H.S. S/O SHANMUKHAPPA T.H. AGED 38 YEARS, ASSOCIATE PROFESSOR DEPT. OF SURGERY 187. DR. SHEKAPPA C.M. S/O CHANDAPPA C.M., AGED 34 YEARS ASSISTANT PROFESSOR 188. DR. P. RAVI KUMAR REDDY S/O P. MALLIKARJUNA REDDY AGED 33 YEARS, ASSISTANT PROFESSOR DEPT. OF SURGERY

29 DR. MOHD. SHAFIUDDIN S/O SHAIKH IMAMSAB AGED 47 YEARS, ASSISTANT PROFESSOR 190. DR. CHANDRAKUMAR P.C. S/O PUNDALIKAPPA, AGED 32 YEARS ASSISTANT PROFESSOR DEPT. OF SURGERY 191. DR. S.B. RAJASHEKAR S/O LATE B. BASAVANA GOUDA AGED 30 YEARS, ASSISTANT PROFESSOR DEPT. OF GENERAL SURGERY 192. DR. SREENIVASA N S/O C. CHIDANANDAPPA AGED 37 YEARS, ASSISTANT PROFESSOR 193. DR. Y. RAVI PRAKASH S/O Y. BASAVARAJ, AGED 31 YEARS ASSISTANT PROFESSOR DEPT. OF ORTHOPEDICS 194. DR. SANTOSH S/O SADASHIV D. MANAGOLI AGED 31 YEARS, ASSISTANT PROFESSOR 195. DR. YOGESH R.B. S/O LATE RAMANNA BHAVIMANI AGED 41 YEARS, ASSOCIATE PROFESSOR

30 DR. PARASAPPA BANDRAKALLI S/O HALAPPA BANDRAKALLI AGED 40 YEARS, ASSOCIATE PROFESSOR 197. DR. KENGAL PRAHALLADA REDDY S/O K. SESHA REDDY AGED 56 YEARS, ASSOCIATE PROFESSOR DEPT. OF OPHTHALMOLOGY 198. DR. NIRMAL KUMAR B S/O S.C. BAGRECHA AGED 37 YEARS, ASSISTANT PROFESSOR 199. DR. N. VIJAY S/O DR. K. NAGARAJ AGED 37 YEARS, ASSISTANT PROFESSOR 200. DR. VEERENDRA KUMAR C.M. S/O VEERABHADRAIAH C.M. AGED 39 YEARS, ASSOCIATE PROFESSOR 201. DR. CHANDRASHEKHAR T MOTHER: T. DODDA HULUGAMMA AGED: 40 YEARS, ASSOCIATE PROFESSOR DEPT. OF OBG 202. DR. VIJAYALAKSHMI B W/O J. RAMESH BABU AGED: 40 YEARS, ASSOCIATE PROFESSOR

31 DR. K. RADHIKA RAO W/O K. NARAYANA ACHARYA AGED: 38 YEARS, ASSOCIATE PROFESSOR 204. DR. SHAILA C W/O DR. GURUBASAVANA GOUD AGED: 35 YEARS, ASSISTANT PROFESSOR DEPT. OF OBG 205. DR. H.C. RAMARAJU S/O H.E. SREENIVASA AGED: 34 YEARS, ASSISTANT PROFESSOR 206. DR. USHARANI N W/O DR. C. RAGHUVEER AGED: 34 YEARS, ASSISTANT PROFESSOR 207. DR. SHIVA KUMAR H.C. S/O CHIDANANDAIAH H.M. AGED: 34 YEARS, ASSISTANT PROFESSOR 208. DR. S. BALA BHASKAR S/O V. SWAMINATHAN AGED: 46 YEARS, ASSOCIATE PROFESSOR 209. DR. MALLANNA B.P. S/O LINGANNA B.P., AGED: 55 YEARS ASSOCIATE PROFESSOR

32 DR. G.VENKATESWARA RAO S/O G. KONDAIAH AGED: 49 YEARS, ASSISTANT PROFESSOR 211. DR. BALASUBRAMANYA H S/O H. SRINIVASAYYA, AGED: 37 YEARS ASSOCIATE PROFESSOR 212. DR. JYOTHSNA M W/O B.K. SRIKANTH, AGED: 32 YEARS ASSISTANT PROFESSOR 213. DR. PARIMALA W/O DR. DURUGAPPA H AGED 32 YEARS, ASSISTANT PROFESSOR 214. DR. MURALIKRISHNA J S/O VENKATASWAMY AGED 40 YEARS, PROFESSOR DEPT. OF PLASTIC SURGERY 215. DR. SOMASHEKHAR L. SAMAGANDI S/O UNGAPPA SAMAGANDI AGED 39 YEARS, ASSOCIATE PROFESSOR DEPT. OF PLASTIC SURGERY 216. DR. SANJEEV B. JOSHI S/O BHIMSEN JOSHI, AGED 43 YEARS

33 33 ASSOCIATE PROFESSOR 217. DR. S. KOTRESH S/O LATE S. GANAPATHY AGED 40 YEARS, ASSOCIATE PROFESSOR 218. DR. SRINIVAS T.R. S/O RAMANNA T., AGED 41 YEARS ASSOCIATE PROFESSOR 219. DR. VISHWANATH SIDRAMM S/O SIDRAM, AGED 41 YEARS ASSISTANT PROFESSOR DEPT. OF NURO SURGERY 220. DR. ANVAR M.I. S/O M. IQBAL AHMED GONI AGED 35 YEARS, ASSISTANT PROFESSOR DEPT. OF NEPHROLOGY 221. DR. BASAVARAJ M. BIRADAR PATIL S/O MARUTEPPA B. BIRADAR PATIL AGED 36 YEARS, ASSOCIATE PROFESSOR 222. DR. NARASIMHA MURTHY S/O KESHAVACHARYA AGED 60 YEARS, PROFESSOR DEPT. OF PATHOLOGY

34 DR. KRISHNAGIRI SUNDARESH S/O K. BHIMA RAO AGED 42 YEARS, ASSOCIATE PROFESSOR 224. DR. G. RAMA PRASAD S/O G. GURUVAIAH, AGED 63 YEARS ASSISTANT PROFESSOR 225. DR. DEVENDRAPPA H., S/O H. THIPPESWAMY AGED 49 YEARS, ASSOCIATE PROFESSOR 226. DR. SHIVA NAIK S/O M.J. RAMJI NAIK AGED 37 YEARS, ASSISTANT PROFESSOR 227. DR. ASWANI KUMAR SINGH J., W/O LALMAN SINGH J AGED 45 YEARS, ASSOCIATE PROFESSOR 228. DR. K. LAKSHMI NARAYANA S/O K.A. KONDAPPA AGED 51 YEARS, PROFESSOR 229. DR. KASA SOMASHEKAR S/O K.N. BASALINGAPPA AGED 44 YEARS, ASSOCIATE PROFESSOR... PETITIONERS (BY SRI K.M. NATARAJ, SENIOR ADV. ALONG WITH SRI B.S. SACHIN FOR M/S. DHARMASHREE ASSOCIATES, ADVS.)

35 35 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI ROAD BANGALORE THE DIRECTOR OF MEDICAL EDUCATION VIKASA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE MANDYA REPRESENTED BY ITS DIRECTOR, 4. RAICHUR INSTITUTE OF MEDICAL SCIENCES REPRSENTED BY ITS DIRECTOR HYDERABAD ROAD RAICHUR REPRESENTED BY ITS DIRECTOR BELLARY RESPONDENTS (BY SMT. M.S. PRATHIMA, HCGP FOR R1 & R2; SRI PRATHAP MADHYASTHA, ADV. FOR R4; R3 AND R5 ARE SERVED) THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED , PASSED BY THE 1 ST RESPONDENT IN SO FAR AS GIVING EFFECT OF THE REVISED AICTE PAY SCALES TO THE PETITIONERS FROM , VIDE ANNEXURE-Q AND DIRECT THE RESPONDENTS 1 & 2 TO EXTEND THE BENEFIT OF REVISED AICTE SCALES OF PAY TO THE PETITIONERS FROM INSTEAD OF , ETC. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

36 36 ORDER The issue raised in these writ petitions lies in a very narrow compass. Therefore, by consent of the learned advocates for the parties to the lis, the cases are taken up for final hearing. 2. The factual matrix of the case, in short, is that the petitioners are the members of Teaching Faculty of respondents 3 to 5 i.e., Mandya Institute of Medical Sciences, Mandya, Raichur Institute of Medical Sciences, Raichur and Vijayanagar Institute of medical Sciences, Bellary. These writ petitions have been filed to quash an order dated passed by the 1 st respondent, vide Annexure-Q, in so far as giving effect to the revised AICTE pay scales to the petitioners with effect from and for a mandamus as against the respondent Nos.1 and 2, to extend the benefit of revised AICTE pay scales with effect from and to pay the arrears with interest.

37 37 3. W.P.Nos /2011 filed by the members of the Teaching Faculty in Sanjay Gandhi Institute of Trauma and Orthopaedics, Bangalore-11, to direct the respondents to revise their pay scales, to bring it on par with the revision by the AICTE as per Notification dated , with retrospective effect, was allowed by an order dated and the writ petitioners were held entitled to pay scales as revised by AICTE as per Notification dated , along with the benefits, with effect from W.A.Nos.1622/2013 and /2013 filed by the State of Karnataka as against the said order dated passed in W.P.Nos /2011 having been belatedly filed, explanation offered for the delay having been found to be insufficient to condone, the application seeking condonation of delay was dismissed and consequently, the appeals were also dismissed. SLP Nos /2013 filed by the State of Karnataka were dismissed by the Apex Court on

38 38 4. Heard Sri K.M. Nataraj, learned Senior advocate for the petitioners, Smt. M.S. Prathima, learned HCGP and Sri Prathap Madhyastha, learned advocate for the respondents and perused the writ petition record. 5. The Government of Karnataka passed order No.HFW 231 MNC 98, Bangalore, dated vide Annexure-F, according sanction for extension of AICTE scales of pay with effect from to the Teaching Faculty in the cadres of Lecturers/ Assistant Professors/professors/ Sr. Professors and Principals of the Government Medical Colleges. In the said order, it was stated that in respect of next revision of pay scales of Medical/ Dental Teachers, will be only when the Government of India revises AICTE scales of pay. By an order dated vide Annexure-P, the Finance Department agreed for extension of the 2006 revised AICTE scales of pay to the Teaching Faculty of Government and Autonomous Medical and Dental Colleges in the State. The date of effect as could be seen from the said order

39 39 was Considering the Government order as at Annexure-F and AICTE Notification dated vide Annexure-K and other recommendations, Government order dated vide Annexure-Q was passed, extending the revised AICTE pay scales with effect from Thus, the petitioners have been granted the revised AICTE pay scales with effect from The petitioners claim that their cases are similar and in fact identical to that of the petitioners in W.P.Nos /2011 decided on and thus, they are entitled to similar service benefits at the hands of the respondents. On behalf of the respondents 1 and 2, statement of objections has been filed on and it was submitted that though the Finance Department in its responses dated and , opined that, if the AICTE pay scale is given to the Doctors, there would be excess burden of `59.34 Crores on the state exchequer i.e., even by giving effect of AICTE pay scale from , it was stated that, to

40 40 encourage Teaching Faculty in the Medical Colleges, the Government passed the order extending AICTE pay scales to the Government and Autonomous Medical Institutions applicable with effect from Having considered all aspects of the matter, I am satisfied that the petitioners being similarly placed like the petitioners in W.P.Nos /2011 decided on , are entitled to similar monitory benefits. By the said order, the respondents were directed to revise the pay scales of the writ petitioners therein, to bring it on par with the AICTE pay scales, as per the Notification dated and pay the consequential benefits with effect from W.A.Nos.1622/2013 and /2013 were dismissed on the ground of delay on and SLP Nos /2013 have been dismissed on The said order reads as follows:- Heard learned counsel for the petitioners and perused the relevant material. We do not find any legal and valid ground for interference, the Special Leave Petitions are dismissed. However, the question of law is kept open.

41 41 Despite the aforesaid orders, the respondents are not agreeable to extend the AICTE pay scales and consequential benefits to the petitioners herein, with effect from , on the ground that there is involvement of large financial implications on the state exchequer. 8. There cannot be any unjust and prejudicial action by the respondents to a section of employees working in similar institutions in the matter of fixation of pay. Sanjay Gandhi Institute of Trauma and Orthopaedics, Bangalore-11 is similar to respondents 3 to 5. The petitioners service conditions are similar to the service conditions of the petitioners in W.P.Nos /2011. Hence, the stand taken by the respondents being unjust, patently irrational, arbitrary and discriminatory cannot be accepted. Identical question having been considered by this Court in W.P.Nos /2011 decided on , following the said order and for the reasons

42 42 stated therein, more particularly, on account of the dismissal of the Writ Appeals and SLPs. filed by the respondents, noticed supra, these writ petitions are allowed in part. Though the benefit of AICTE pay scales with effect from was sought even in W.P.Nos /2011, the same has been granted with effect from Hence, the petitioners cannot be granted the benefit with effect from The respondents are directed to revise the pay scales of these writ petitioners, to bring it on par with the AICTE pay scales, as per the Notification dated , as at Annexure-K and pay to the petitioners, the difference of the amounts/arrears with effect from , within a period of three months from the date a copy of this order becomes available. In the facts and circumstances of the case, the parties are left to bear their own costs. sac* Sd/- JUDGE