ATAL BIHARI VAJPAYEE Vs. DEEPAK H.R.

JUDGEMENT

(1.) These intra court appeals arise from a common judgment dated 22.07.2021 passed in a bunch of writ petitions by which writ petitions preferred by respondent No.1 in these appeals who are Assistant Professors in Department of ENT, Orthopedics as well as Department of Forensic Medicine have been disposed of with the direction to the appellants to take the options furnished by respondents No.1 in these appeals to their logical end by passing an appropriate order in accordance with law and thereafter to proceed with direct recruitment process initiated vide Notification dated 11.06.2021. The appellants have also been granted the liberty to proceed with the recruitment in respect of other posts not connected with respondents No.1 in these appeals.

(2.) Facts leading to filing of these appeals briefly stated are that Bangalore Medical College (hereinafter referred to as 'the appellant' for short) is an autonomous institution engaged in imparting medical education and conducting research in the field of medicine. The respondents No.1 in this batch of appeals are working with the appellant as Assistant Professors in various disciplines such as ENT, Orthopedic and Forensic Medicine since 2007.

(3.) The State Government by an order dated 16.12.2016 converted the Bowring and Lady Curzon Medical College into an autonomous teaching hospital namely., Sri Atal Bihari Vajapayee Medical College and Research Institute (hereinafter referred to as 'the institute' for short). The respondents No.1 were sent on deputation from appellant to the institute to ensure its smooth functioning. The Governing Council of the appellant after consulting the institute and the State Government issued an office memorandum dated 10.02.2021 by which options were sought for from the doctors who were on deputation for absorption of their services in the institute. The respondents No.1 thereupon submitted their options for absorption on different dates.