DR. B. SADASHIVA MURTHY Vs. SECRETARY TO GOVERNMENT OF KARNATAKA, HEALTH AND FAMILY WELFARE DEPARTMENT, BANGALORE AND OTHERS

JUDGEMENT

(1.) The dispute in this appeal relates to the appointment of Director of Sanjay Gandhi Institute (in short, "the Institute"). The appellant, who was found by the Selection Committee to be the best merited candidate for appointment to the above post having found to his dismay that the fourth respondent had been appointed to the post at the instance of the Chief Minister of the State, knocked the doors of this Court for ventilation of his grievance. But he having failed to get the desired relief from the learned Single Judge is now before us in this intra Court appeal.

(2.) The correctness of the foundational facts as found by the learned Single Judge has not been disputed by any of the parties to the present proceedings. The original records pertaining to the appointment in question has also been produced before us by Mr. D'Sa, learned Additional Government Advocate.

(3.) The Institute is a society registered under the Karnataka Societies Registration Act, 1960. Admittedly, it is an instrumentality of the State Government and is a 'State' within the meaning of Art. 12 of the Constitution of India.