D. MOHAN KUMARI D/O DEVA AND OTHERS Vs. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF HEALTH AND FAMILY WELFARE AND HASSAN INSTITUTE OF MEDICAL SCIENCES, A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA SOCIETIE

JUDGEMENT

(1.) COMMON questions of fact and that of law arise for decision making, hence, with the consent of the learned together, finally heard and disposed of by this common order.

(2.) THE Petitioners, appointed as paramedical staff in Hassan Institute of Medical Sciences (for short 'HIMS') and the Mysore Medical College and Research Institute, for short MMCRI have assailed:

(3.) FACTS in brief relating to MMCRI: The 3rd Respondent MMCRI, a society registered under the Karnataka Societies Registration Act, 1959 an autonomous body is established by the State of Karnataka with the object of promoting medical education governed by the Byelaws. The 3rdRespondent engaged paramedical staff, on contract basis, and with a view to discontinue contractual employment and fill up the vacant posts, the Governing council of the 3rd Respondent -MMCRI in its meeting held on 1.5.2010 resolved to permit the Director arid Dean to recruit 26 Staff Nurses and 19 Lab Technicians after issuing notification and conducting a walk -in -interview, by following merit and roster. The 3rd Respondent issued an advertisement in the newspapers 'Kannada Prabha' and 'Star of Mysore' on 16.7.2009 to fill up on contract basis, for a period of 11 months, and thereafterwards, in the 7th Governing council meeting held on 21.10.2009, resolved to change the terminology from "walk -in -interview" to "interview" following which on 2.11.2009, the 3rd Respondent issued another advertisement to fill up permanent vacancies of 26 Staff Nurses, 19 Lab Technicians, 1 (one) CT Scan technician and 1(one) -Radiotherapy Technician, followed by a corrigendum stating that the filling up of posts earlier advertised on contract basis is converted to recruitment on permanent basis, in the newspapers viz., Deccan Herald, Kannada Prabha and Mysore Mitra. It appears that the Director of the 3rd Respondent addressed a letter to the Minister for Medical Education and Chairman of the Governing Council, on 10.2.2010 seeking approval to recruit 61 staff nurses as against 26, since vacancies had arisen due to retirements and promotions, was approved on 17.2.2010. Interviews of candidates called in the ratio of 1:10 were conducted between 22.3.2010 and 25.3.2010 and thereafter on 8.7.2010 a list of selected candidates based on, merit and roster was submitted to the Chairman of Governing council for approval. The Secretary, Medical Education having scrutinised the list, put up remarks and placed the same before the Minister, who, on 3.8.2010 granted approval and directed issue of appointment orders. The list of selected candidates was published in the official website of the 3rd Respondent on 4.8.2010 and appointment orders issued to selected candidates on 5.8.2010.