SEETHALAKSHMI D.K. Vs. THE DIRECTOR KARNATAKA INSTITUTE OF MEDICAL SCIENCE (KIMS) HUBLI - 580021, THE CHIEF ADMINISTRATIVE OFFICER, KARNATAKA INSTITUTE OF MEDICAL SCIENCE (KIMS) HUBLI - 580021, THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, HEALT

JUDGEMENT

(1.) MISC . W. 60176 of 2010 for amendment filed in WP No. 63874 of 2010 to include the additional pleadings along with annexures and for the additional prayer, allowed, recording the submission of Sri. A C Purad, Learned Counsel for the fourth respondent who submits that he has no objection for allowing this application, but requests for some more time to get ready to prepare the main case and to further submit on the merits of the matter. The application for amendment even otherwise deserves to be allowed as in the wake of the affidavit supporting the application, petitioner having noticed some subsequent developments which were not within the knowledge of the petitioner earlier and which have come into existence subsequently, has sought for relief vis -a -vis annexures produced along with the application as otherwise the prayer of the petitioner as it stands in the main petition, will be complete and the petitioner will not be able to seek for a proper and effective relief, in this writ petition.

(2.) MR . Datar, Learned Counsel for the petitioners requests that the matter may be taken up for disposal itself, particularly, as the matter had been heard once earlier and had been adjourned for whatever reason.

(3.) WRIT petitions are required to be defended, mainly by the State Government, and if at all, incidentally by the Karnataka Institute of Medical Sciences [for short 'KIMS'] wherein the petitioners are working as Assistant Professors, and are aggrieved by certain seniority list of the Assistant Professors working in the institute and published by KIMS, wherein figures the name of fourth respondent who it appears is basically an employee of the State Government and who had come to the autonomous organization, on deputation basis for the first time in the year 1997, worked as a lecturer and it appears had obtained a post graduate degree on Ophthalmology in the year 2002, but in between, intermittently, was coming and leaving KIMS and it appears has been working as Tutor and on and after the year 2002 designation having been revised from Tutor -cum -Lecturer to Lecturer and much later to Lecturer -cum -Assistant Professor in which position she has continued.