DR. SRINIVASA K. Vs. THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF MEDICAL EDUCATION, BENGALURU AND OTHERS
LAWS(KAR)-2017-5-21
HIGH COURT OF KARNATAKA
Decided on May 03,2017

DR. SRINIVASA K. Appellant
VERSUS
THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF MEDICAL EDUCATION, BENGALURU AND OTHERS Respondents




JUDGEMENT

ARAVIND KUMAR,J. - (1.)A notification dated 20-7-2016 - Annexure-A came to be issued by the first respondent-Chamarajanagar Institute of Medical Sciences (for short, 'Institute') inviting applications for recruitment to fill up various posts at the Institute.
(2.)I have heard the arguments of Sriyuths P.S. Rajagopal and M.B. Naragund, learned Senior Advocates appearing on behalf of Sriyuths Jayanthdev Kumar and Nandish Patil, learned Advocates appearing for petitioners and Sri R.S. Ravi, learned Advocate appearing for the Chamarajanagar Institute of Medical Sciences (for short, 'Institute') and Sri M.A. Subramani, learned High Court Government Pleader appearing for State. Perused the records.
(3.)Petitioners in W.P. Nos. 41788 and 41789 of 2016 along with petitioner in W.P. No. 39789 of 2016 are claiming to be appointed to the post of "Professor" by way of promotion. Likewise, petitioner in W.P. No. 41790 of 2016 is claiming for being appointed to the post of "Assistant Professor" by way of promotion. It is the contention of petitioners that they are eligible for being promoted and without considering their claim for promotion, the notification dated 20-7-2016 - Annexure-A has been issued and thereby their right for being appointed by way of promotion would be lost and as such, the impugned notification is liable to be set aside.


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