H.S. SATHISH Vs. THE PRINCIPAL SECRETARY TO STATE OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT (MEDICAL EDUCATION) AND ORS.

JUDGEMENT

(1.) The petitioner is aggrieved by the appointment order dated 20.4.2015, whereby the respondent No.3 - Dr. T. Durganna has been appointed as a Medical Superintendent. He is also aggrieved by the fact that he has not been appointed on the said post.

(2.) Briefly the facts of the case are that on 26.2.1985, the petitioner was appointed as Assistant Surgeon in the Department of Health and Family Welfare, Government of Karnataka. On 2.7.1991, he joined the post of Assistant Professor with the Bangalore Medical College & Research Centre. After eight years of experience, he was promoted, in the year 1999, to the post of Associate Professor. In 2003, he was promoted as Professor. In 2007, he was appointed as the Head of Department of ENT Department of the Bangalore Medical College & Research Institute, working at Sri. Venkateshwara ENT Institute, at Victoria Hospital.

(3.) On 9.10.2014, the respondent No.2 - Bangalore Medical College & Research Institute invited applications from eligible candidates for filling up the post of Medical Superintendent in Victoria Hospital. Since the petitioner and respondent No.3 were eligible for the said post, they applied for the said post. On 13.3.2015, the Selection Committee made its recommendation in favour of respondent No.3. On 18.3.2015, the Governing Council of respondent No.2 approved the recommendation of the Selection Committee. In pursuance of the resolution passed by the Governing Council, on 20.4.2015, an appointment letter was issued to the respondent No.3. Hence, this petition before this Court.