S. SRINIVASULU NAIDU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal arises from an order dtd. 17/9/2021 passed by the learned single Judge by which, the writ petition preferred by the appellant has been disposed of with a direction to the State Government to fill up the post of Dean cum Director of Bowring and Lady Curzon Medical College and Research Institute (hereinafter referred to as 'the Institute' for short). In order to appreciate the appellant's grievance, few facts need mention which are stated infra.

(2.) The appellant was appointed as an Assistant Professor on 23/8/2008 at Bangalore Medical College and Research Institute (hereinafter referred to as 'the BMCRI' for short). He was subsequently promoted as an Associate Professor on 17/12/2011 and thereafter as Professor on 5/2/2015. The State Government by an order dtd. 16/12/2016 resolved to set up the Institute in the premises of Bowring and Lady Curzon Hospital. Even prior to the establishment of the Institute, one Dr. KS Manjunath was appointed as Special Officer vide order dtd. 16/5/2016, to supervise the establishment of the medical college.

(3.) The State Government by notification dtd. 20/5/2017, notified Institute Rules and Regulations, 2017 from 28/4/2017. However, prior to coming into force of the aforesaid Rules, Dr. KS Manjunath by a notification dtd. 4/4/2017 was appointed as Dean-cum-Director of the Institute. He attained the age of superannuation on 30/11/2017. The State Government issued another notification dtd. 30/11/2017 by which one Dr. K. Ravi, Professor and Head of the Department was placed in-charge as Dean-cum-Director of the Institute. However, by another notification issued on the same date, the notification appointing Dr. K. Ravi was modified and Dr. KS Manjunath was appointed as Dean-cum-Director for a period of one year on contract basis. Thereafter, by a notification dtd. 16/11/2018, Dr. KS Manjunath was appointed on contract basis on the post of Associate Professor in Othopeadic Department of the Institute for a period of 3 years or until further orders. He was also appointed as the Dean-cum-Director of the Institute for a period of 3 years or until further orders.