STATE OF KARNATAKA Vs. BANGALORE MEDICAL COLLEGE & RESEARCH INSTITUTE

JUDGEMENT

(1.) THESE writ appeals are filed impugning the order dated 21.10.2013 in W.P.Nos.23090 -23091/2013. The appeals in WA.Nos.6346/2013 and 6395/2013 are filed by the first and second respondents, namely State of Karnataka and Director of Medical Education. The appeals in WA.Nos.6349 - 6350/2013 are filed by the third respondent -Bangalore Medical College and Research Institute and the appeals in WA.Nos.6257/2013 and 6378/2013 are filed by the fourth respondent -Dr.Ravi Prakash. All these three sets of appeals are in challenge to the impugned order dated:21.10.2013 in allowing the writ petitions filed by Dr.O.S.Siddappa, granting the relief of writ of certiorari in quashing the notification No. AAKUKA.195.MMC.2013 dated 31.5.2013 and OM No.BOYVSS/Sibbandhi(1)/199/2006 -2007 dated 31.5.2013 issued by the third respondent -Bangalore Medical College. Also in issuing mandamus directing the State of Karnataka to permit petitioner -Dr.O.S.Siddappa to continue in the post of Dean -cum -Director of the third respondent pursuant to the decision of Governing Council of Bangalore Medical College & Research Institute and in granting other consequential reliefs. In these appeals, the parties are referred to by their rank in the writ petitions, for the sake of conveniences.

(2.) THE facts leading to filing of these appeals are that, the petitioner -Dr.O.S.Siddappa was appointed as Dean -cum - Director of third respondent for a period of 3 years from the date of his appointment Notified on 23.5.2011 pursuant to resolution dated 20.5.2011 of the Governing Council of third respondent -Institute. Earlier to that, he was in -charge Dean -cum -Director of the third respondent -Institute. The third respondent is an autonomous Institute registered with the Registrar of Societies having its own Memorandum of Association, Rules, Regulations and bye -laws framed there under for management of its affairs. It is the case of petitioner that, applications were called for the post of Deancum - Director for third respondent -Institute vide notification dated 30.11.2010. The petitioner, who was working as incharge Dean -cum -Director, also applied for the said post. The Governing Council of third respondent -Institute in its meeting held on 20.5.2011 decided to continue the petitioner in the post of Dean -cum -Director on permanent basis for a period of three years. In that behalf a resolution was passed by the Governing Council of 3rd respondent Bangalore Medical College and Research Institute on 20.5.2011 and the same was forwarded to the State Government and the State Government, by Notification Dated: 23.5.2011, appointed Petitioner Dr.O.S.Siddappa as Dean -cum -Director of 3rd respondent Institution for a period of 3 years from the said date.

(3.) IT is seen that while petitioner was continuing as Dean -cum -Director of 3rd respondent a Special Meeting was convened by the Governing Council of 3rd respondent on 11.2.2013 wherein it was resolved that, the petitioner Dr.Siddappa attaining age of superannuation on 31.5.2013 would not be able to continue in the aforesaid post. In the said meeting it was also resolved to appoint him on contract basis to continue in the said post pursuant to the provision available in the bye -law of the institution as on that day, for a period of 1 year from 1.6.2013 to 31.5.2014. Though such a recommendation was sent to the Government well in advance no decision was taken on the said resolution inspite of petitioner sending a reminder by letter dated: 21.5.2013. However Government by order dated:31.5.2013 issued notification that, the Petitioner Dr.O.S.Siddappa has attained the age of superannuation and hence, placed Dr.D.Raviprakash 4th respondent in the writ petition in additional charge of Dean -cum -Director of the Institution with immediate effect and the same was communicated to petitioner by the Governing Council of the 3rd respondent.