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Dr. Ankit Agarwal & Others v/s State of Karnataka, Department of Medical Education, Rep. by its Secretary, Bangalore & Others

Company & Directors' Information:- ANKIT INDIA LIMITED [Active] CIN = L15500WB1981PLC033900

Company & Directors' Information:- AGARWAL & AGARWAL PVT LTD [Active] CIN = U27106WB1950PTC026266

Company & Directors' Information:- AGARWAL & AGARWAL PVT LTD [Active] CIN = U27106DL1950PTC332098

Company & Directors' Information:- A R MEDICAL PRIVATE LIMITED [Active] CIN = U24232AS2003PTC007179

Company & Directors' Information:- AGARWAL CO LTD [Active] CIN = U74140WB1950PLC018969

Company & Directors' Information:- C J MEDICAL INDIA PRIVATE LIMITED [Active] CIN = U33110TG2010PTC068126

Company & Directors' Information:- ANKIT INDIA LIMITED [Active] CIN = L51109WB1995PLC072855

Company & Directors' Information:- P. MEDICAL PRIVATE LIMITED [Strike Off] CIN = U85195TG1987PTC008112

Company & Directors' Information:- C AGARWAL AND CO PVT LTD [Active] CIN = U51109MH1946PTC004955

Company & Directors' Information:- I C AGARWAL & CO PRIVATE LIMITED [Strike Off] CIN = U24129WB1997PTC083874

Company & Directors' Information:- P L MEDICAL INDIA PRIVATE LIMITED [Strike Off] CIN = U33130DL2011PTC225068

Company & Directors' Information:- S N AGARWAL PVT LTD [Strike Off] CIN = U45201UP1984PTC006441

Company & Directors' Information:- AGARWAL CORPORATION PRIVATE LIMITED [Under Process of Striking Off] CIN = U70101RJ2014PTC045473

Company & Directors' Information:- R H D MEDICAL PRIVATE LIMITED [Active] CIN = U85110DL2021PTC377464

Company & Directors' Information:- R. AGARWAL AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC025169

Company & Directors' Information:- N K AGARWAL AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U51900MH1973PTC016609

Company & Directors' Information:- D.R. EDUCATION PRIVATE LIMITED [Strike Off] CIN = U80301DL2006PTC154604

    Writ Petition Nos. 56547, 42684 of 2016 (EDN-AD)

    Decided On, 04 January 2021

    At, High Court of Karnataka


    For the Petitioners: M.R. Naik, Sr. Counsel, Omkar Kambi, Advocate. For the Respondents: R1, Pramodini Kishan, AGA, R2, N.K. Ramesh, R3, Aravind V. Chawan, Santhosh S. Nagarale, Advocates.

Judgment Text

(Prayer: This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to call for the records and issue a writ of certiorari or any other writ order or direction quashing the order at Annexure-A passed by R-3-Institute dated 23.07.2014 as arbitrary and illegal and etc.This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the order at Annexure-A passed by the R-3 dated 23.07.2014 as arbitrary and illegal and etc.)Order (Oral):1. Learned counsel for the petitioners has filed a memo for disposal dated 20.02.2020 bringing to the notice of this Court the decision of a Co-ordinate Bench in a batch of writ petitions in WP.No.40566/2015 and connected matters, including and more specifically W.P.Nos.39867-39876/2014.2. Sri. Madhusudhan R.Naik, learned senior counsel appearing for the petitioners submits that the petitioners herein are placed on the same footing, as that of the petitioners in batch of writ petitions as mentioned hereinabove. Therefore, the learned Senior counsel submits that the relief that was granted to the petitioners in W.P.Nos.39867-39876/2014 is also required to be granted to the petitioners herein.3. Paragraph No.36 of the order dated 30.08.2019 passed by the Co-ordinate Bench in W.P.No.40566/2015 reads as follows:"36. Government letter offering some reprieve:(i) On 28.08.2019, all these matters having been heard and reserved, were posted for pronouncement of judgment this afternoon; the learned Addl. Advocate General Sri Sandesh Chouta on the forenoon of this day sought for further hearing, by placing on record a Government Letter dated 30.08.2019 (approved by the Principal Secretary of the Department): the content portion of the same reads as under:"The Original Act i.e., " The Karnataka Compulsory Service by Candidates Completed Medical Courses Act, 2012" came into force on 03/06/2015 and the amendment Act i.e. "The Karnataka Compulsory Service by Candidates Completed Medical Courses (Amendment) Act, 2017" came into force on 03/06/2017.The Original Act covered all candidates who were doing their medical course/post graduate medical course/super specialty graduate course as on 03.06.2015.However in view of the conditional interim order dated 06.10.2015, the candidates have not undergone the mandatory service.Looking into the workability of the Act and the object which it seeks to achieve, the State proposes (without prejudice to its contention in support of the vires of the Act) that even if the Act is made applicable for candidates who had taken their admission post of the commencement of the Act i.e., 3/06/2015 (i.e. candidates would pass out in the year 2020-21), the object which the Act seeks to achieve will be achieved. This would also satisfy the petitioners before the Court since most of the petitioners (if not all) would have completed their course well before this cut of period of 2020-21.Proposal/concession given by the State Government would not inure to the benefit to such of the candidates who have already opted and paid penalty/compensation in lieu of not undergoing mandatory service.However if for any reason the petitioners and similar placed candidates agree to mandatorily serve the State, even for 6 months, the State would endeavour to commence the process of counseling and post the candidates for compulsory service accordingly."(ii) Apparently, going by its text and context, the above letter not being a 'Government Order' as rightly submitted by learned ASG Mr. Shashikantha may or may not proprio vigor create any right in favour of the candidates. However, the proposal in the letter is only an expression of Government's intent of granting some reprieve to the deserving candidates who may make use of it, in accordance with law. Suffice it to say that, the legality aspects of the said letter have not been gone into by this Court; whether such a letter has legal efficacy and whether it fits into the "REMOVAL OF DIFFICILTY" clause enacted in the impugned Act, are a matter for consideration, but not in this case."4. Having considered the letter dated 30.08.2019, the Co-ordinate Bench proceeded to hold that the impugned Act and Rules being prospective in operation do not apply to the candidates who had already been admitted to the respective medical courses

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, i.e., Graduation, Post-Graduation or Super Specialty Courses before 24.07.2015 i.e., the date on which the Karnataka Act No.26 of 2015 came into force. Consequently, the Government of Karnataka was directed to lay down the guidelines within two months as directed therein.5. The petitioners are entitled for a similar relief that was granted by the Co-ordinate Bench in W.P.Nos.39867-39876/2014 where Kidwai Memorial Institute of Oncology is a respondent.It is ordered accordingly.