Case Note & Summary
A batch of six writ petitions filed under Article 226 of the Constitution of India came before the High Court of Karnataka, challenging a direct recruitment/interview notification issued by Shri Atal Bihari Vajpayee Medical College and Research Institute (the Institute) for the posts of Associate Professors. The petitioners were all Assistant Professors in various departments at Bengaluru Medical College and Research Institute (BMCRI), who had been sent on deputation to the Institute following a Government Order dated 16-12-2016. The Government Order converted the Bowring and Lady Curzon Medical College and Research Institute into an autonomous teaching hospital and entrusted the Dean and Director of BMCRI with identifying additional teaching posts for transfer to the new Institute. Acting under this authority, many petitioners were deputed to different disciplines in the Institute. After a period of functioning, the Governing Council of BMCRI, following tripartite correspondences among BMCRI, the Institute, and the Government, issued an Official Memorandum dated 10-02-2021 calling for options from the deputed doctors for permanent absorption in the Institute. The petitioners, having worked on deputation and given consent for permanent transfer per an earlier Annexure-A dated 01-02-2021, claimed a right to be permanently transferred to the Institute in their respective cadres of Assistant Professor. However, the Institute subsequently issued a notification inviting applications for direct recruitment to Associate Professor posts, which the petitioners challenged as prejudicial to their absorption rights. The petitioners sought a direction to the respondents to permanently transfer them from BMCRI to the Institute. The court, with the consent of the parties, disposed of the petitions together at the preliminary hearing stage without a detailed examination of the merits. The order was passed in the ‘B’ group on 22-07-2021 by Hon’ble Mr. Justice M. Nagaprasanna. No recorded reasons or ratio decidendi were provided due to the consensual disposal.
Issue of Consideration
Whether the direct recruitment/interview notification for the posts of Associate Professors issued by Shri Atal Bihari Vajpayee Medical College and Research Institute is valid, and whether the petitioners are entitled to permanent absorption as Assistant Professors in the Institute
Final Decision
The writ petitions were disposed of by consent of parties at the preliminary hearing stage without a detailed judgment on merits.
Case Details
2021 LawText (KAR) (07) 11
Writ Petition No.11281/2021 c/w Writ Petition No.10810/2021, Writ Petition No.11275/2021, Writ Petition No.11950/2021, Writ Petition No.11955/2021, Writ Petition No.12990/2021
D.R. Ravishankar (petitioners), Dhyan Chinnappa (Senior Advocate for R1), M.C. Nagashree (for R1), P.S. Malipatil (for R2)
Dr. Deepak H.R., Dr. N. Dhanapala, Dr. Anjana Murthy K., Dr. Niyaz Ahmed, Dr. C. Guruprasad, Dr. Shivaprakash S.C.
Shri Atal Bihari Vajpayee Medical College and Research Institute, Bengaluru Medical College and Research Institute
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Service matter – writ petition seeking direction for permanent transfer/absorption of Assistant Professors from one medical college to another
Remedy Sought
Petitioners sought a direction to the respondents to permanently transfer them from Bengaluru Medical College and Research Institute (respondent No.2) to Shri Atal Bihari Vajpayee Medical College and Research Institute (respondent No.1) in the cadre of Assistant Professor in their respective departments, pursuant to the consent given upon Annexure-A dated 01.02.2021.
Filing Reason
Despite having been deputed to the Institute and being given an option for permanent absorption via Official Memorandum dated 10.02.2021, the Institute issued a direct recruitment/interview notification for the posts of Associate Professors, which was challenged as prejudicial to the petitioners’ rights.
Issues
Whether the direct recruitment/interview notification for the posts of Associate Professors issued by the Institute is valid, and whether the petitioners are entitled to permanent absorption as Assistant Professors in the Institute.
Judgment Excerpts
Cluster of these petitions raise a common challenge to a direct recruitment/interview notification issued by Shri Atal Bihari Vajpayee Medical College and Research Institute... calling for interview for recruitment to the posts of Associate Professors in the Institute.
In terms of what was created, the Dean and Director of the BMCRI was entrusted with the work of identifying additional teaching posts existing in the BMCRI and transfer such posts to the proposed new Medical Collage.
The Governing Council of the BMCRI after tripartite correspondences between the BMCRI, the Institute and Government resolved to issue Official Memorandum dated 10.02.2021 seeking to call for options from doctors who were already on deputation for permanent absorption in the Institute.
Procedural History
The writ petitions were filed under Article 226 of the Constitution of India and came up for preliminary hearing in ‘B’ group. By consent of parties, the petitions were taken up for final disposal and were disposed of by this order.
Acts & Sections
- Constitution of India: Article 226
