Dr Madhukar B S v. Union of India

( , ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(17 (DAY(OF(FEBRUARY,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(H.T.(NARENDRA(PRASAD( WRIT(PETITION(NO.(23009(OF(2021((S-REG)( BETWEEN:((

1., DR,MADHUKAR,B,S, S/O,SHIVANNA,B,S, AGED,ABOUT,40,YEARS, AYUSH,MEDICAL,OFFICER, GENERAL,HOSPITAL,TURUVEKERE, TUMKUR,DISTRICT,-,572,215., ,

2., DR,ABHISHEK,N, S/O,S,NAGAPPA, AGED,ABOUT,42,YEARS,

AYUSH,MEDICAL,OFFICER, PRIMARY,HEALTH,CENTER, HORAKERE,DEVARAPURA,

HOLALKERE,TALUK, CHITRADURGA,DISTRICT,-,577,557., ,

3., DR,RAJU,LAMANI, S/O,SHANKAR,LAMANI, Digitallytisignedtiby AGED,ABOUT,41,YEARS, MALATHI AYUSH,MEDICAL,OFFICER,CHALUVA0IYENGAR PRIMARY,HEALTH,CENTER,Location:0HI GH COURTOF NANDAGUDI,,HOSAKOTE,TALUK, KARNATAKA BENGALURU,RURAL,-,562,122., ,

4., DR,ABDUR,RAHAMAN,H, S/O,HAFIZUR,RAHAMAN, AGED,ABOUT,39,YEARS, AYUSH,MEDICAL,OFFICER(UNANI), PRIMARY,HEALTH,CENTER, KODIGENAHALLI,,MADHUGIRI,TALUK, TUMKUR,DISTRICT,-,572,127, ,

5., DR,VIJAYAKUMAR,K, S/O,VASUDEV,BADIGER, ( , ( AGED,ABOUT,42,YEARS, AYUSH,MEDICAL,OFFICER, TALUK,HOSPITAL,,SIDLAGATTA, CHIKKABALLAPURA,DISTRICT,-,572,105,

6., DR,SADASHIVANANDAGOUDA,PATIL, S/O,DEVANAGOUDA,PATIL, AGED,ABOUT,39,YEARS, AYUSH,MEDICAL,OFFICER, CHC,BIDADI,,RAMANAGARA,DISTRICT,-,562,109, ,

7., DR,PRADHEEPKUMAR,T,M, S/O,LATE,MAHESHWARAPPA, AGED,ABOUT,44,YEARS, AYUSH,MEDICAL,OFFICER, PRIMARY,HEALTH,CENTER, LINGADHALLI,TARIKERE,TALUK, CHIKKAMAGALURU,DISTRICT,-,577,129., ,

8., DR,MANJUNATHA,MANNAMMANAVAR, S/O,GUDDAPPA, , AGED,ABOUT,45,YEARS, AYUSH,MEDICAL,OFFICER, PRIMARY,HEALTH,CENTER, AREMALLAPURA,,RANEBENNUR,TALUK, HAVERI,DISTRICT,-,581,115., ,

9., DR,B,A,RAMESH, S/O,R,ANAND, AGED,ABOUT,44,YEARS, AYUSH,MEDICAL,OFFICER, PRIMARY,HEALTH,CENTER, LOKIKERE,,DAVANAGERE,TALUK, DAVANAGERE,DISTRICT,-,577,002., …PETITIONERS, (BY,SRI.,SAGAR,B,B.,,ADVOCATE), AND:(

1., UNION,OF,INDIA, REP.,BY,ITS,SECRETARY,GOVERNMENT, HEALTH,AND,FAMILY,WELFARE,DEPARTMENT, A-WING,,IP,EXTENSION,,DELHI,SECRETARIAT, DELHI,-,110,002., , ( , (

2., THE,DIRECTOR, NATIONAL,RURAL,HEALTH,MISSION, DIRECTORATE,OF,HEALTH,AND,FW,SERVICES, 1ST,OF,THE,CONTROL,ROOM, ANAND,RAO,CIRCLE,,BANGALORE,-,560,009., ,

3., STATE,OF,KARNATAKA, REP.,BY,ITS,SECRETARY,TO,GOVERNMENT,(H,&,FW), HEALTH,AND,FAMILY,WELFARE,DEPARTMENT, (1/C),ROOM,NO.105,,1ST,FLOOR, VIKAS,SOUDHA,BANGALORE,-,560,001., ,

4., THE,UNDER,SECRETARY,TO,GOVERNMENT, HEALTH,AND,FAMILY,WELFARE,DEPARTMENT,KARNATAKA, DIRECTORATE,OF,HEALTH,AND,FAMILY,WELFARE,SERVICES,, ANANDA,RAO,CIRCLE, BANGALORE,-,560009, ,

5., THE,DIRECTOR,OF,AYUSH,, , GOVERNMENT,OF,KARNATAKA, , DHANVANTHIR,ROAD, , BENGALURU,560009, …RESPONDENTS, (BY,SMT.,SWATI,L,KAMAT,,CGC.,FOR,R1:, SRI,REUBEN,JACOB,,AAG.,ALONG,WITH, SRI,SPOORTHY,HEGDE,N,,HCGP,FOR,R2,TO,R5), , THIS,WRIT,PETITION,IS,FILED,,UNDER,ARTICLES,226,AND, 227,OF,THE,CONSTITUTION,OF,INDIA,PRAYING,TO,ISSUE,A,WRIT, OF,CERTIORARI,FOR,QUASHING,THE,IMPUGNED,ENDORSEMENT, DATED,18.03.2019,BEARING,NO:,AKUKA,20,FPS,2018,,PASSED, BY,THE,R4,VIDE,,ANNEXURE-K,IN,THE,INTEREST,OF,JUSTICE,AND, EQUITY,AND,ETC., , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING, IN,'B',GROUP,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,H.T.,NARENDRA,PRASAD, (

ORAL ORDER

¶1In this writ petition, the petitioners have sought for the following reliefs: i. Issue a Writ of Certiorari for quashing the impugned endorsement dated 18.03.2019 bearing No AKUKA 20 FPS 2018 issued by 4th respondent vide Annexure-K in the interest of justice and equity.

ii Issue a Writ of Mandamus directing the respondents to regularize the services of the petitioners as AYUSH Medical Officers under the Respondent authority in the interest of justice and equity.

iii. Pass such other orders as this Honorable Court may deem fit in view of the facts and circumstances of the case including the award of costs in the interest of justice and equity.

¶2The case of the petitioners is that the petitioners were appointed as AYUSH Doctors at different Public Health Centers during the year 2007 and 2008 on contract basis as against clear sanctioned posts. According to them, despite completion of more than ten years of service, their services have not been regularized. It is further contended that their Association, namely, the Karnataka State Contract Basis Staff Nurses Association (for short 'the Association'), had filed W.P. Nos. 32913-32914/2017 and

connected matters. This Court, by order dated

23.08.2018, directed the petitioners therein to submit a comprehensive representation seeking relief from the respondents and further directed the respondents to consider the same in accordance with law. Pursuant thereto, the 4th respondent passed the impugned endorsement dated 18.03.2019, produced at Annexure-K, rejecting the claim of the petitioners. Being aggrieved by the same, the present writ petition is filed.

¶3Learned Additional Advocate General submits that earlier a representation was submitted by the Association and, upon consideration of the same, the impugned endorsement at Annexure-K came to be passed. It is further submitted that the petitioners have now submitted individual representations, produced at Annexure-L series. He submits that if reasonable time is granted, the said representations will be considered in accordance with law and appropriate orders will be passed, without being

influenced by any observations made in the impugned order dated 18.03.2019 at Annexure-K.

¶4In view of the above submission, and without expressing any opinion on the merits of the case, the writ petition is disposed of.

¶5Respondent No.2 is directed to consider the representations submitted by the petitioners, produced at Annexure-L series, in accordance with law, within a period of three months from the date of receipt of a certified copy of this order, without being influenced by the impugned order dated 18.03.2019 passed by respondent No.4 at Annexure-K, and also keeping in view the judgments rendered by this Court as well as by the Hon'ble Apex Court in respect of similar issues.

¶6It is made clear that till consideration of such representations of the petitioners, the respondents are directed not to relieve the petitioners from service.

Sd/- (H.T. NARENDRA PRASAD) JUDGE DM