DR. VEDAVATI B.J. & ORS. Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Government Pleader.

(2.) Shri N.K. Ramesh who has entered appearance would now state that the eligibility for obtaining the MPH course is an M.B.B.S. degree or higher and that without an M.B.B.S. degree, a person would not be able to undertake the course. MPH course is described as a Master in Public Health. The said clarification was required, in the background that the present petitioners are facing criminal proceedings for offences punishable under Sections 439 and 441 of the Karnataka Municipal Corporations Act, 1976 (hereinafter referred to as 'the KMC Act ', for brevity) read with Sections 409 and 420 of the Indian Penal Code, 1860.

(3.) It is alleged that the petitioners had produced a MPH course certificate claiming that it was a post-graduate course and the petitioners were thus receiving benefits of having received a post-graduate degree, from the Bruhat Bangalore Mahanagara Palike (BBMP). It is further alleged that the petitioners were fully aware that the MPH was a health course and not a postgraduate health course and in spite of it, have relied on the same to receive the benefit. The petitioners are working as Medical officers of health and it is a promotional cadre and the criteria of promotion is an Assistant Surgeon of the Bangalore City Corporation who has put in service of not less than five years as an Assistant Surgeon in the BBMP and who possesses a degree in Medicine and Post-graduate degree in Public health, would be the criteria for promotion.