Case Note & Summary
The petitioner, Dr. Uday Mulgund, was initially appointed as a Lecturer at Karnataka Institute of Medical Sciences (KIMS), Hubballi on 25.02.1999. Over time, he was promoted to Assistant Professor (2005), Associate Professor (2010), and Professor. Subsequently, he was appointed as Director of Haveri Medical Institute of Sciences under the Karnataka Medical Education (Recruitment) (Special) Rules, 2015, for a term of three years. On 12.09.2023, the State Government issued a notification repatriating him to his original post of Professor at KIMS, Hubballi, without any notice or hearing. The petitioner challenged this order by filing a writ petition under Articles 226 and 227 of the Constitution of India, seeking certiorari to quash the notification. The respondents argued that the repatriation was based on administrative exigencies and that the petitioner had no vested right to continue as Director. The court analyzed the facts and found that the petitioner's appointment as Director was a substantive appointment under the Special Rules, not a deputation, and that the rules provided for a fixed term. The court held that the repatriation order was passed in gross violation of the principles of natural justice (audi alteram partem) as no opportunity of hearing was given to the petitioner before passing the adverse order. The court also noted that the impugned order did not disclose any reason for repatriation. Consequently, the court quashed the notification dated 12.09.2023 and directed that the petitioner be allowed to continue as Director for the remainder of his term. The writ petition was allowed.
Headnote
A) Service Law - Repatriation - Natural Justice - Audi Alteram Partem - Karnataka Medical Education (Recruitment) (Special) Rules, 2015 - The petitioner, appointed as Director under the Special Rules, was repatriated to his original post of Professor without any notice or hearing. The court held that the order of repatriation was passed in gross violation of principles of natural justice and the statutory rules, as the petitioner had a right to continue as Director for the full term. The impugned notification was quashed. (Paras 1-10) B) Service Law - Appointment - Term of Office - Karnataka Medical Education (Recruitment) (Special) Rules, 2015 - The petitioner was appointed as Director of Haveri Medical Institute of Sciences under the Special Rules for a term of three years. The court noted that the appointment was not a deputation but a direct appointment under the rules, and the petitioner could not be repatriated mid-term without following due process. (Paras 3-6) C) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - The court exercised its writ jurisdiction to quash the repatriation order as it was arbitrary and violative of natural justice. The court directed that the petitioner be allowed to continue as Director for the remainder of his term. (Paras 7-10)
Issue of Consideration
Whether the order of repatriation of the petitioner from the post of Director to Professor is valid without affording an opportunity of hearing and in violation of the Karnataka Medical Education (Recruitment) (Special) Rules, 2015.
Final Decision
The writ petition is allowed. The impugned notification dated 12.09.2023 is quashed. The petitioner shall be allowed to continue as Director of Haveri Medical Institute of Sciences for the remainder of his term.
Law Points
- Natural Justice
- Audi Alteram Partem
- Repatriation
- Statutory Rules
- Service Law
