LAWS(KAR)-2025-6-13

STATE OF KARNATAKA Vs. DR. GANESH H.

Decided On June 18, 2025
STATE OF KARNATAKA Appellant
V/S
Dr. Ganesh H. Respondents

JUDGEMENT

(1.) The petitioners in W.P.No.17053/2025 are before this Court under Article 226 of the Constitution of India, questioning the interim order refusing to grant stay of execution and implementation of the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and other Staff) Rules, 2025 dtd. 27/5/2025 (for short "2025 Rules") and also Government Order dtd. 27/5/2025 notifying the calendar of events for counseling by transfer.

(2.) Heard learned senior counsel Sri.M.S.Bhagwat for Sri.K.Satish, learned counsel for petitioners and learned Additional Advocate General Sri.Reuben Jacob for Respondents No.1 and 2. Notice to respondents No.3 and 4 is dispensed with, at the request of the petitioners. Perused the writ petition papers.

(3.) The petitioners are mainly questioning 2025 Rules on the ground that there was no sufficient time to file objections and only 7 days time was provided to file objections to the Draft Rules. Further, learned senior counsel also submitted that in the Draft Rules, there was no concept of Greater Bengaluru and incorporation of Greater Bengaluru in the final notification is impermissible. Learned senior counsel referring to Sec. 13 of the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Act, 2011 (for short "2011 Act") submits that procedure prescribed under the Karnataka State Civil Services Act, 1978 ought to have been followed while making rules under 2011 Act and nonfollowing such procedure has rendered the Rule illegal and unimplementable. It is also the submission of the learned senior counsel that the Tribunal at the stage of considering the interim prayer of the petitioners has given a final finding on the validity of the Rules under challenge and as such, he submits that nothing remains before the Tribunal to consider.