SHRI PUNDALIKA SAVANNA KALADAGI Vs. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE MEDICAL

JUDGEMENT

(1.) THE petition coming on for Preliminary Hearing on 22. 6. 2006 notice was directed to respondent No. 1 and was directed to be listed on 26. 6. 2006 for consideration of the interim prayer, and all parties were directed to maintain status quo till then. On 26. 6. 2006, the interim order was continued. The petitioner was heard on 3. 72006. The petitioner's application seeking amendment was allowed and the matter was adjourned to 7. 7,2006 to enable the respondents to file statement of objections. And the Karnataka Institute of Medical Sciences (KIMS for brevity)was directed to be impleaded as a party by the Court. The pleadings were complete (except for kims) on 7. 7. 2006 and the matter was heard for final disposal by consent of Counsel as the hearing on interim relief entailed a veritable hearing on the very merits of the main petition. Though KIMS had not filed its statement of objections - the Counsel appearing for KIMS was also heard at length on the issues urged.

(2.) THE facts of the case are: the petitioner was appointed as a Lecturer in anatomy in the KIMS. He was promoted as an assistant Professor in the year 1991 and as a Professor in the year 1999. He was the Professor and Head of the Department (Ortho.) in the year 2001. The petitioner worked as In-charge principal during the year 2004 and as Principal and In-charge Director from 1. 1. 2005 to 28. 2. 2005.

(3.) KIMS invited applications for the post of Director as per notice dated 19. 3. 2005 published in daily newspapers. The petitioner had applied. He was called for an interview along with other candidates by the Selection Committee consisting of a Chairman (The Minister for Medical education in Karnataka) and three other members namely The Secretary to Government, Health and Family Welfare, The Director Health and Family Welfare Service, Bangalore and the Chief administrative officer, KIMS, Hubli. One other member had remained absent.