Writ Petition No. 11002 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:15282 WP No. 11002 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.11002 OF 2025 (EDN-RES) BETWEEN: 1. DR POOJA L M D/O MANOHAR L G AGED ABOUT 31 YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO) AT PRIMARY HEALTH CENTRE BHUVANAHALLI PERIYAPATTANA TALUK, MYSORE DISTRICT R/O 350, SHAKTINAGARA, TRIVENI CIRCLE, MYSORE – 570 029. 2. DR. GURUBASAPPA KADROLLI S/O CHANABASAPPA AGED ABOUT 31 YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER(GDMO) PRIMARY HEALTH CENTRE YADWAD, GOKAK TALUK, BELAGAVI DISTRICT R/O FLAT NO. 103, SUNRISSE APARTMENTS, ROYAL ENCLAVE PHASE 2, SRIRAMPURA RACHENAHALLI, JAKKUR POST, BENGALURU – 560 064. Digitally signed by CHANDANA B M Location: High Court of Karnataka 3. DR. NARSA REDDY S/O ARUN REDDY AGED ABOUT 31 YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC, YAKKUNDI SAVADATTI TALUK, BELAGAVI - 591111 R/O 51/75, 20TH MAIN ROAD, VIJAYANAGAR, BANGALORE – 560 040. - 2 - NC: 2025:KHC:15282 WP No. 11002 of 2025 4. DR. SHIVANAND S HADAKAR S/O SIDDAPPA B HADAKAR AGED ABOUT 30 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER(GDMO) PRIMARY HEALTH CENTER, SANKARATTI - 591 220 ATHANI TALUK, BELGAUM R/O SIDDAPPA HADAKAR KUDACH ROAD, HARUGERI CROSS, RAIBAG TALUK, BELAGUM – 591 220. 5. DR SUNIL RATHOD S/O POONAPPA AGED ABOUT 30 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO) PRIMARY HEALTH CENTRE, KULAGERI CROSS, R/O HULLIKERI S P GULEDGUDDA TALUK, BAGALKOT DISTRICT – 587 201. 6. DR. TARAKESHWARI R D/O RAMAKRISSHNA B S AGED ABOUT 35 YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER(GDMO) PRIMARY HEALTH CENTRE, JIGANEHALLI KADUR TALUK, CHIKMAGALUR DISTRICT R/O SHIVAKRUPA 30 FEET ROAD, PRABHAKAR LAYOUT, CHINTAMANI – 563 125. 7. DR. MANJUNATHA P S S/O SIDDESHWARAPPA P G AGED ABOUT 30 YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER(GDMO) PRIMARY HEALTH CENTRE, THIMMANNA NAYAKANA KOTE, CHALLAKERE TALUK, CHITRADURGA – 577 522 R/O YAMMANAGATTA, BARAMASAGARA HOBLI CHITRADURGA – 577 519. - 3 - NC: 2025:KHC:15282 WP No. 11002 of 2025 8. DR. RANJITHA BELEGERE G R D/O G RAJASHEKARAIAH WORKING AS GDMO AT PRIMARY HEALTH CENTER, GUILALU, HIRIYUR TALUQ, CHITRADURGA - 572143 R/O VEDAVATHI NAGAR, HIRIYUR, CHITRADURGA – 572 143. 9. DR VARSHA PATIL R AGED ABOUT 31 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER PRIMARY HEALTH CENTRE, BELAHARA NAVALGUND TALUK, DHARWAD - 582 208 R/O MICHIGON COMPOUNDSAPTAPUR DHARWAD – 580 001. 10. DR. ERESHA M S/O BHEEMAYYA AGED ABOUT 30 YEARS WORKING AS A GDMO PRIMARY HEALTH CENTRE GILLESUGURU, RAICHUR - 584140 R/O NO. 394, KAUSTUBHA, 2ND CROSS, LEFT SIDE, S G LAYOUT, NEAR ADARSHA COLLEGE ROAD, P C HALLI, KOLAR – 563 102. 11. DR SONALI SOODA D/O SUNIL SOODA AGED ABOUT 31 YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO) PRIMARY HEALTH CENTRE, KONAR R/O 2-288, HERUR, 52 HEROOR, BRAHMAVARA, UDUPI – 576 213. 12. DR. SIDDANNA D/O SHIVAPPA AGED ABOUT 30 YEARS, PHC RODALBANDA WORKING AS A GDMO, LINGASUGUR TALUK, RAICHUR - 584122 R/O AMBIGERDODDI, GURGUNTA POST LINGSUGUR TALUKA RAICHUR – 584 139. - 4 - NC: 2025:KHC:15282 WP No. 11002 of 2025 13. DR. SACHIN PATNE S/O RAJSHEKHAR PATNE AGED ABOUT 30 YEARS, WORKING AS GENERAL DUTY MEDICAL OFFICER PRIMARY HEALTH CENTRE, CHINTAKI TQ AURAD, BIDAR - 585 326 R/O TEACHER COLONY MAIN ROAD AURAD TQ, BIDAR - 585 326. 14. DR. MANJUNATHA A G AGED ABOUT 33 YEARSS WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO) PRIMARY HEALTH CENTRE MALAVALLI, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT KPTCL DURGA APARTMENT NO. 206, 8TH CROSS, NANJAPPA LAYOUT CHAMUNDESHWARI LAYOUT, VIDYARANAYAPURA, BENGALURU – 97. 15. DR. PARASHURAMA R S/O RAMANNA P AGED ABOUT 42 YEARS WORKING AS A GENERAL DUTY MEDICAL OFFICER (GDMO) PRIMARY HEALTH CENTER BAGUR HOSADURGA TQ CHITRADURGA DIST. 577515 D 101 (D BLOCK), SNN RAJ GRANDEUR APARTMENT, KODICHIKKANAHALLY ROAD BOMMANAHALLY, BANGALORE – 560 068. 16. DR. LAXMIKANT KASHINATH MORE AGED 33 YEARS WORKING AS GDMO PHC NANDERAGI TQ INDI DT VIJAYPURA R/O P/O SONALGI TQ, JAT, DT. SANGLI, ST. MAHARASTRA – 416 413. - 5 - NC: 2025:KHC:15282 WP No. 11002 of 2025 …PETITIONERS 17. DR PATHI LAKSHMI DIVYA W/O DR. HARI KRISHNA AGED ABOUT 33 YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO) PRIMARY HEALTH CENTRE AGARAM, MULBAGAL TALUK, KOLAR DISTRICT C/O DR HARIKRISHNA, 10TH CROSS, NEAR MS RAMAYYA MEDICAL COLLEGE, MATHIKERE, BANGALORE – 560 054.
Legal Reasoning
(BY SRI. N. KHETTY, FOR SRI. VIJAY KUMAR.R, ADVOCATES) AND: 1. 2. 3. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI BANGALORE - 01 REPRESENTED BY ITS PRINCIPAL SECRETARY. THE COMMISSIONER HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BANGALORE – 560 023. THE STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION, (MEDICAL EDUCATION) VIKASA SOUDHA, DR. AMBEDKAR VEEDHI BANGALORE - 01 REPRESENTED BY ITS PRINCIPAL SECRETARY. …RESPONDENTS (BY SRI. SUDEV HEGDE, AGA) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTIN OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.1 AND 2 TO FORTHWITH DEPUTE THE PETITIONER FOR HIGHER EDUCATION IN ORDER TO PURSUE THEIR RESPECTIVE PG MEDICAL MD/MS COURSES IN WHICH THEY HAVE BEEN ADMITTED, AND RELIEVE THE PETITIONERS FROM SERVICE, AS REQUESTED FOR BY THE PETITIONERS VIDE ANNEXURE-K AS PER RULE 61(1)(A) AND APPENDIX IIA OF THE KCS RULES, AFTER OBTAINING THE 10 YEARS COMPULSORY SERVICE BOND FROM THE PETITIONERS TO SERVE THE RESPONDENT DEPARTMENT UPON THEIR RETURN TO SERVICE AFTER COMPLETING THEIR RESPECTIVE COURSES, AND ETC. - 6 - NC: 2025:KHC:15282 WP No. 11002 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: “a) Issue an appropriate writ, order or direction to the respondent Nos.1 and 2 to forthwith depute the Petitioner for Higher Education in order to pursue their respective PG Medical MD/MS Courses in which they have been admitted, and relieve the petitioners from service, as requested for by the petitioners vide Annexure-K as per Rule 61(1)(a) and Appendix IIA of the KCS Rules, after obtaining the 10 years Compulsory Service Bond from the Petitioners to serve the Respondent Department upon their return to service after completing their respective courses, and b) Such other writs or orders as this Hon’ble Court deems fit in the circumstances of the case.” 2. Heard learned counsel for the petitioners and learned AGA for the respondents and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioners invited my attention to the earlier round of litigation in W.P.No.25166/2024 and connected matters, which - 7 - NC: 2025:KHC:15282 WP No. 11002 of 2025
Decision
was disposed of on 19.11.2024 as well as subsequent orders dated 26.11.2024 and 12.12.2024 in order to point out that despite the said orders as well as subsequent representations / requests made by the petitioners during the period from 21.12.2024 to 28.12.2024 vide Annexure – K series, the respondents are not taking necessary steps to depute the petitioners for higher education in order to pursue their respective PG Medical MD/MS Courses in which they have been admitted and relieve the petitioners from service and as such, the petitioners are before this Court by way of the present petition. 4. Per contra, learned AGA for the respondents submits that there is no merit in the petition and that the same is liable to be dismissed. 5. A perusal of the material on record will indicate that in Dr. Jahnavi M. Brahmesh and others Vs. The State of Karnataka and others – W.P.No.25166/2024 and connected matters dated 19.11.2025, this Court passed the following order: “1. The Petitioners in W.P.No.25166/2024 are before this Court seeking for the following reliefs: a. Issue an appropriate writ or order striking down sub-rule 2 of Rule 3 and Sub Rule (1) of Rule 10 of - 8 - NC: 2025:KHC:15282 WP No. 11002 of 2025 the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2024, vide Notification No.MED 95.RGU.2023 dated 13-06-2024 Gazetted on 28- 06-2024, insofar as they exclude the probationary period from the eligibility period of Three years of Regular Service from the existing Sub-Rule 2 of Rule 3 and Sub Rule (1) of Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2006, as discriminatory, unreasonable, arbitrary, unconstitutional, and void, and b. Issue an appropriate writ or order striking down Sub Rule (1) of Rule 11 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2024 insofar as it inserts the words "department-wise reservation of seats shall not be permitted" into the existing Sub Rule (1) of Rule 11 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma as Rules, Courses discriminatory, arbitrary, unreasonable, unconstitutional, and void, and (Amendment) 2006, c. Issue a declaration that the Petitioners are eligible for the Inservice Quota in terms of the existing Sub- Rule 2 of Rule 3 and Sub Rule (1) of Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2006, as the Petitioners have completed three years of regular service including probationary period, and d. To hold and declare that the words in bracket "(as on 31st March in which the Entrance Test is held)" in Rule 10 (1) of the Rules 2024, is rendered redundant and unenforceable in view of the postponement of the NEET-PG Entrance Test by the National Board of Examination to 11-08-2024 and fixing the cut off date for purpose of Eligibility as 15-8-2024, - 9 - NC: 2025:KHC:15282 WP No. 11002 of 2025 e. To hold and declare that the words "as on 31st March in the year in which the Entrance Test is held" in Rule 3 (2) of the PGET Rules 2024, are rendered the redundant and unenforceable postponement of the NEET-PG Entrance Test by the National Board of Examination to 11-08- 2024 and fixing the cut off date for the purpose of Eligibility as 15-8-2024, and consequently the Respondent fixing their cut off date as 31-07- 2024, and in view of f. Issue a declaration that the Petitioners are eligible for the Inservice Quota as the Petitioners have completed three years of regular service including probationary period, in view of the cut off date for determining their eligibility having been changed by the Respondent No.2 to 31-07- 2024 in terms of the Notification No.BAC/APG/03/2023-24 (E-1402468) dated 12- 07-2024 and g. In the alternative for this Hon'ble Court to declare 15-08-2024 be the last date for computing the 3 years of regular service for the Inservice candidate for the PG academic year 2024-05 due to the National Board of Examination fixing the cut off date for purpose of Eligibility as 15-8-2024 vide its Notice dated 09-01- 2024, and; h. Such other writs or orders as this Hon'ble Court deems fit in the circumstances of the case 2. The Petitioners in W.P.No.24865/2024 are before this Court seeking for the following reliefs: a. Issue writ or order in the nature of certiorari or such order this Hon’ble Court may deem fit to quash impugned Communication dated 23.08.2024 vide No. BEC/IPG/09-2024-25 (E-1477082) issued by the R2 insofar as unnumbered paragraph produced at Annexure-A To direct the Respondents to to adhere b. the Karnataka Regulations contemplated under Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses 2024 Rules (Annexure- - 10 - NC: 2025:KHC:15282 WP No. 11002 of 2025 B2) particularly Amended Rule 3 and 10 and thereby not to extend the cutoff date of service period as on 31.03.2024 for consideration under in-service quota and also to consider only those candidates who has completed 3 years of Service after completion of probationary period under in service quota. c. Grant such other relief as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity. d. Issue writ or order in the nature of certiorari or such order this Hon’ble Court may deem fit to quash Executive Order vide no. MED 126 RGU 2024 dated 05.10.2024 made by the 1st Respondent produced at Annexure-Fs 3. The Petitioners in W.P.No.25507/2024 are before this Court seeking for the following reliefs: a. Issue an appropriate writ or order striking down Sub-Rule 2 of Rule 3 and Sub Rule (1) of Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2024, vide Notification No.MED 95.RGU.2023 dated 13-06-2024 (Annexure-A) Gazetted Mon 28- 06-2024, insofar as they exclude the probationary period from the eligibility period of Three years of Regular Service from the existing Sub-Rule 2 of Rule 3 and Sub Rule (1) of Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2006, as discriminatory, unreasonable, arbitrary, unconstitutional, and void, and b. Issue an appropriate writ or order striking down Sub Rule (1) of Rule 11 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2024 insofar as it inserts the words "department-wise reservation of seats shall not be permitted" into the existing Sub - 11 - NC: 2025:KHC:15282 WP No. 11002 of 2025 Rule (1) of Rule 11 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma as Courses discriminatory, arbitrary, unconstitutional, and void Rules, unreasonable, (Amendment) 2006, C. To hold and declare that and strike down as invalid the words in bracket "(as on 31st March in which the Entrance Test is held)" in Rule 10 (1) of the PGET Rules 2024, are rendered redundant and unenforceable in view of the postponement of the NEET-PG Entrance Test by the National Board of Examination to 11-08- 2024 and fixing the cut off date for the purpose of Eligibility as 15-8-2024, and consequently the Respondent fixing their cut off date as 31-07- 2024, and are 2024, d. To hold and declare that and strike down as invalid the words "as on 31st March in the year in which the Entrance Test is held" in Rule 3 (2) of the PGET Rules and unenforceable in view of the postponement of the NEET-PG Entrance Test by the National Board of Examination to 11-08- 2024 and fixing the cut off date for the purpose of Eligibility as 15-8-2024, and consequently the Respondent fixing their cut off date as 31-07- 2024, and redundant rendered e. Issue a declaration that the Petitioners are eligible for the Inservice Quota in terms of the existing Sub- Rule 2 of Rule 3 and Sub Rule (1) of Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2006, as the Petitioners have completed three years of regular service including probationary period, and the Inservice Quota as f. Issue a declaration that the Petitioners are eligible for the Petitioner have completed three years of regular service including probationary period, in view of the cu off date for determining their eligibility having been changed by the Respondent No.2 to 31-07- 2024 in terms of the - 12 - NC: 2025:KHC:15282 WP No. 11002 of 2025 Notification No.BAC/APG/03/2023-24 dated 12- 07-2024, (Ann-H) and (E-1402468) g. In the alternative for this Hon'ble Court to declare 15-08-2024 be the last date for computing the 3 years of regular service for the Inservice candidate for the PG academic year 2024-05 due to the National Board of Examination fixing the cut off date for purpose of Eligibility as 15-8-2024 vide its Notice dated 09- 01- 2024, (Ann-J) and h. Such other writs or orders as this Hon'ble Court deems fit in the circumstances of the case 4. The Petitioners in W.P.No.25518/2024 are before this Court seeking for the following reliefs: a. Issue an appropriate writ or order striking down Sub-Rule 2 of Rule 3 and Sub Rule (1) of Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2024, vide Notification No.MED 95.RGU.2023 dated 13-06-2024 (Annexure-A) Gazetted on 28- 06-2024, insofar as they exclude the probationary period from the eligibility period of Three years of Regular Service from the existing Sub-Rule 2 of Rule 3 and Sub Rule (1) of Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2006, as discriminatory, unreasonable, arbitrary, unconstitutional, and void, and b. Issue an appropriate writ or order striking down Sub Rule (1) of Rule 11 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2024 insofar as it inserts the words "department-wise reservation of seats shall not be permitted" into the existing Sub Rule (1) of Rule 11 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma - 13 - NC: 2025:KHC:15282 WP No. 11002 of 2025 (Amendment) Courses discriminatory, unconstitutional, and void Rules, unreasonable, 2006, as arbitrary, C. Issue a declaration that the petitioners are eligle for the inservice quota in terms of the existing sub- rule 2 of rule 3 and sub rule(1) of Rule 10 of the Karnataka Conduct of Entrance Test for selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses (Amendment) Rules, 2006, as the petitioners have completed three years of regular service including probationary period, and d. To hold and declare that the words in bracket “(as on 31st March in which the Entrance Test is held)” in Rule 10(1) of the PGET Rules 2024, is rendered redundant and unenforceable the postponement of the NEET-PG Entrance Test by the national board of examination to 11.08.2024 and fixing the cut off date for purpose of Eligibility as 15.08.2024 and in view of e. Such other writs or orders as this Hon'ble Court deems fit in the circumstances of the case 5. The Petitioner in W.P.No.29475/2024 is before this Court seeking for the following reliefs: Issue writ or order in the nature of certiorari or a) such order this Hon’ble Court may deem fit to quash Executive Order vide no. MED 126 RGU 2024 dated 25.10.2024 made be the 1st Respondent produced at Annexure-A. the To Direct respondents to adhere to b) regulations contemplated under the Karnataka Conduct of Entrance Test of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses 2024 Rules (Annexure-C3) particularly Amended Rule 3 and 10 and thereby not to extend the cutoff date of service period as on 31.03.2024 for consideration under the service Quota and also to consider only those candidate who had completed 3 years of service after - 14 - NC: 2025:KHC:15282 WP No. 11002 of 2025 completion of probationary period under In Service quota. c) Grant such other relief as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity. 6. Though much arguments have been advanced, taking into consideration that the shifting of the date of qualification from 31st March to 31st July is one time attempt by the State in order to try and fill-in all the vacant seats numbering about 349. The State was directed to try and workout a solution after discussing with all the stakeholders including the petitioners. 7. The State has filed a memo dated 15.11.2024, which reads as under:- PROPOSAL The Respondents - State represents as under: • As per the directions of this Hon'ble Court and after due consultation with the Petitioners in the above said matters, the State hereby submits the proposal with respect to the admission of the in- service candidates for PG medical seats for the year 2024-25. • All the candidates who have completed one year of regular service and successful completion of the probationary period thus totaling a minimum of 3 years shall be eligible to apply for the PG in-service quota seats. - 15 - NC: 2025:KHC:15282 WP No. 11002 of 2025 • The candidates who have fulfilled the above mentioned criterion as on 31.03.2024 shall be given first preference of selection of available seats in their respective department quotas. • The seats so selected by the candidates shall be final and these candidates shall not have an option of surrendering the same in order to opt for any other alternate choices. • The candidates who have fulfilled the criterion of one year of regular service and successful completion of the probationary period, thus totaling a minimum of 3 years as on 31.07.2024 shall have the second option to select among those seats which remain after selection of the seats by the candidates who have qualified as on 31.03.2024. • The counselling for 1st batch of candidates mentioned supra shall be on 18th and 19th of November 2024. On 20th and 21st of November 2024 they shall get themselves admitted to the selected / allotted colleges. • The 2nd batch of students mentioned supra shall exercise their options of selecting seats on 23rd and 24th of November 2024 and they shall take admission in their selected /allotted colleges on 25th and 26th November 2024. • The candidates upon selection of the selected seats shall not reserve liberty to participate in the next round of counseling. • All the candidates are required to possess such eligibility as may be prescribed or prevalent for the 1st round of counselling. 8. The said proposal has been made by the State in order to try and resolve the disputes and/or the grievances that the petitioners in each of the above matters have. The said proposal by the State is acceptable to all the petitioners in each of the above matters. - 16 - NC: 2025:KHC:15282 WP No. 11002 of 2025 9. Learned AGA submits that the said proposal will be applicable only for this year and not for any other selection process going forward. 10. Respective counsel for the petitioners after conferring with their respective clients submit that they have accepted the proposal made by the State. 11. In that view of the matter, accepting the said proposal of the State, which is acceptable to the respective petitioners in the above petitions, the above petitions stand disposed. 12. The dates, however, stands changed as under:- a. The counselling for 1st batch of candidates mentioned supra shall be on 21st and 22nd of November 2024. On 23rd and 24th of November 2024 they shall get themselves admitted to the selected / allotted colleges. b. The 2nd batch of students mentioned supra shall exercise their options of selecting seats on 25th and 26th of November 2024 and they shall take admission in their selected /allotted colleges on 26th and 27th November 2024.” 6. Subsequently, this Court passed one more order in the said petition on 26.11.2024 as hereunder: ORAL ORDER ON “ FOR BEING SPOKEN TO” 1. The above matter has been moved “for being spoken to” on the apprehension expressed by Mr.N Khetty, - 17 - NC: 2025:KHC:15282 WP No. 11002 of 2025 learned counsel for the petitioners that the respondent - State is only going to take into consideration the total period of service after completion of the probationary period to calculate the alleged requisite period of service to be three years. His submission is that the same would be contrary to the orders passed by this Court on 19.11.2024 when this Court had directed the consideration of the probationary period and the service period in totality, in conjunction, to arrive at a total period of three years. 2. A perusal of the order dated 19.11.2024, as also the un-numbered Bullet No.5 of the proposal submitted by the State dated 15.11.2024, indicates that the candidates who have fulfilled the criterion of one year of regular service and successful completion of probationary period, thus totally a minimum of three years as on 31.7.2024 would be considered, that would necessarily imply that it is both the probationary period and service period which would have to be taken into consideration for arriving at the minimum of three years service as on 31.7.2024. In other words, all those persons who have completed three years of service from the date of joining, so long as they have successfully completed probationary period as on 31.7.2024, would be entitled to be considered. 3. There is no substance in the apprehension of Mr.N.Khetty, learned counsel for the petitioners and as such, there is no further clarification that is required to be issued. - 18 - NC: 2025:KHC:15282 WP No. 11002 of 2025 7. Thereafter, this Court passed one more order on 12.12.2024 as hereunder: “ 1. Delink W.P. 33054/2024 from the above petitions. 2. In view of the dismissal of the above petition, the orders passed on 19.11.2024 in W.P. No.25166/2024, as clarified on 26.11.2024 would have to be implemented and since the dates on which it is fixed have lapsed, the order dated 19.11.2024, as modified on 26.11.2024 shall be implemented as under i. The first batch of candidates mentioned in the order dated 19.11.2024 shall undergo counselling and exercise their option on 14.12.2024 ii. The second batch of candidates mentioned in the order dated 19.11.2024 shall undergo counselling and exercise their option on 16.12.2024 iii. Both first and second batch candidates shall take admission in their selected and or allotted colleges on or before 18.12.2024 iv. Needless to say, before the above process is taken up, verification of documents of first and second batch candidates shall be completed on 13.12.2024.” v. Further, needless to say, if any seats are remaining vacant and not notified for in-service candidates the same shall be made available to the second round of counselling for general merit candidates” 8. The cumulative effect of the aforesaid orders passed by this Court is sufficient to come to the conclusion that the petitioners would be entitled to get relieved by the respondents by taking necessary steps to depute the petitioners for higher education in order to pursue their respective PG Medical MD/MS - 19 - NC: 2025:KHC:15282 WP No. 11002 of 2025 Courses in which they have been admitted and relieve the petitioners from service. 9. Under these circumstances, I deem it just and appropriate to dispose of this petition by issuing certain directions to the respondents. 10. In the result, I pass the following: ORDER (i) The petition is hereby allowed and disposed of. (ii) The concerned respondents are directed to depute the petitioners for higher education in order to pursue their respective PG Medical MD/MS Courses in which they have been admitted and relieve the petitioners from service, as requested for by the petitioners vide Annexure-K as per Rule 61(1)(a) and Appendix IIA of the KCS Rules, after obtaining the 10 years compulsory Service Bond from the petitioners to serve the respondent-department upon their return to service after completing their respective courses, immediately on or before 16.04.2025 without any delay. - 20 - NC: 2025:KHC:15282 WP No. 11002 of 2025 (iii) Re-list on 17.04.2025 at 02.30 P.M. to report compliance. (iv) Hand delivery of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 3