NEAR BSNL OFFICE v. MMCRI MYSORE- 560 028

PRESENT RESIDENTIAL ADDRESS NO.14, BLOCK NO.19 JSS FIRST LAYOUT DR. RAJKUMAR ROAD NEAR BSNL OFFICE, MYSORE-570029. …PETITIONER (BY SMT. POONAM S. PATIL, ADVOCATE) AND:

STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY MEDICAL EDUCATION DEPARTMENT - 2 - NC: 2025:KHC:26535 RP No. 1 of 2025 HC-KAR M.S.BUILDING BANGALORE-560 001.

MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE IRWIN ROAD, MYSORE 570 021. REPRESENTED BY ITS DEAN AND DIRECTOR

DIRECTOR OF MEDICAL EDUCATION ANANDA RAO CIRCLE BANGALORE-560 009. NEW ADDRESS BMRCI CAMPUS, K.R.ROAD BANGALORE-560002.

DR. K.SUNEETHA D.K.

DR. LAXMEGOWDA

DR. RAMESHA SS

DR. BASAVARAJU MM

DR. RANGASWAMY

DR. A.MANJULA R4 TO R9 WORKED AS PROFESSORS IN THE DEPT. OF GENERAL MEDICINE MMCRI MYSORE- 560 028. …RESPONDENTS (BY SRI. BOPANNA .B, AGA FOR R1 AND R3; SRI. CHANDRAKANTH R. GOULAY, ADVOCATE FOR R2 [VK NOT FILED]; SRI. NARAYANA BHAT, ADVOCATE FOR R4 TO R9 [VK NOT FILED]) - 3 - NC: 2025:KHC:26535 RP No. 1 of 2025 HC-KAR THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SEC. 114 of CPC, PRAYING TO REVIEW THE ORDER DATED 27.09.2024 PASSED BY THIS HONBLE COURT IN WP NO.40348 OF 2017 VIDE ANNEXURE-A AND CONSEQUENTLY, ALLOW THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the present review petition, the petitioner seeks reconsideration of the final order passed by this Court, primarily on two specific grounds. The first contention urged is that this Court has erroneously recorded a finding to the effect that Dr. I.J. Inbanathan’s promotion to the post of Professor was granted with retrospective effect from 21.08.2012. The review petitioner submits that the said finding is factually incorrect, inasmuch as Dr. Inbanathan’s promotion was in fact accorded with effect from 27.01.2017, and there is no material on record, including any official reports, to support the conclusion drawn by this Court regarding the retrospective effect. Secondly, the review petitioner contends that although this Court, in its reasoning, has rightly held that her lien lies in the Department of Nephrology, an inadvertent error has crept - 4 - NC: 2025:KHC:26535 RP No. 1 of 2025 HC-KAR in the operative portion of the order at paragraph (iii), wherein it is wrongly recorded that her lien is retained in the Department of Plastic Surgery. She submits that this manifest error requires rectification in the interest of justice and to give full effect to the findings rendered by the Court.

2. Upon a meticulous perusal of the order under review, this Court is not inclined to entertain the first contention raised with respect to the promotion of Dr. I.J. Inbanathan. The observations made in the order are based on the material then available on record, and no error apparent on the face of the record is demonstrated warranting interference or modification of the said finding. However, insofar as the second limb of the petitioner’s submission is concerned relating to the department in which her lien is retained this Court finds merit in the said grievance. While the discussion in the judgment unequivocally concludes that the petitioner’s lien is in the Department of Nephrology, an inadvertent mistake has occurred in the operative portion, specifically at paragraph (iii), where the department has been wrongly mentioned as "Plastic Surgery" instead of "Nephrology". This constitutes a clerical or - 5 - NC: 2025:KHC:26535 RP No. 1 of 2025 HC-KAR typographical error, which needs to be corrected in order to align the operative portion with the reasoning contained in the body of the judgment.

3. In light of the above discussion, the review petition stands allowed in part, to the limited extent of correcting the department name mentioned in paragraph (iii) of the operative portion of the order. It is hereby directed that the reference to the "Department of Plastic Surgery" in paragraph (iii) shall be substituted with "Department of Nephrology", in conformity with the findings recorded in the judgment. The Registry is accordingly directed to carry out the necessary corrections and issue a corrected copy of the order for all further purposes. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 28