Sri.Shankar N S v. The State of Karnataka

((((((((((((HC-KAR, NC:(2026:KHC:40028( WP(No.(4149(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010070352026( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(29 (DAY(OF(JULY,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(ASHOK(S.KINAGI(

WRIT(PETITION(NO.(4149(OF(2026((S-RES)(

BETWEEN:( (( SRI.SHANKAR,N.S.,, S/O.,SUBBARAYAPPA,,

AGED,ABOUT,37,YEARS,,, NARASIMANAHALLI,,, TUBGERE,POST,AND,HOBLI,,, DODDABALLAPURA,,,

BENGALURU,RURAL,,,

KARNATAKA,-,561,203., …PETITIONER, (BY,SRI.,SUJAY,H.V.,,ADVOCATE),

AND:( Digitallytisigned (by0KIRAN KUMAR0R 1., THE,STATE,OF,KARNATAKA,, Location: DEPARTMENT,OF,HEALTH,AND,,HIGH0COUR T OF FAMILY,WELFARE,(MEDICAL,EDUCATION),,, KARNATAKA TH MS,BUILDING,,6 ,FLOOR,,, DR.,B.R,AMBEDKAR,VEEDI,,, BENGALURU,-,560,001., ,

2., THE,BANGALORE,MEDICAL,COLLEGE,, AND,RESEARCH,INSTITUTE,, (AN,AUTONOMOUS,INSTITUTION,, GOVT.,OF,KARNATAKA),,, K.R.,ROAD,FORT,,, ((((((((((((HC-KAR, NC:(2026:KHC:40028( WP(No.(4149(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010070352026( ( ( BENGALURU,-,560,002.,, REPRESENTED,BY,ITS,, DIRECTOR,AND,DEAN., ,

3., THE,DEPARTMENT,OF,PERSONNEL,AND, ADMINISTRATIVE,REFORMS, (SERVICE,RULE,2),,, VIDHANA,SOUDHA,,, BANGALORE,-,560,001,,, REPRESENTED,BY,ITS,, PRINCIPLE,SECRETARY., …RESPONDENTS, (BY,SRI.,G,RAMESH,NAIK,,AGA,FOR,R1,AND,R3;, ,,,,,,SRI.MOHAMMED,AYUB,ALI,,ADVOCATE,FOR,R2;, ,,,,,,SRI.BASAVARAJ,PATIL,,ADVOCATE,FOR,R2),, (VK,FILED,NOC,NOT,OBTAINED), ( , THIS, WP, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE,CONSTITUTION,OF,INDIA,PRAYING,TO,DIRECTION,IN,THE, NATURE, THEREOF,, COMMANDING, THE, RESPONDENT, BANGALORE, MEDICAL, COLLEGE, AND, RESEARCH, INSTITUTE, (BMCRI),, TO, FORTHWITH, REINSTATE, THE, PETITIONER, TO, THEIR, ERSTWHILE, POSITIONS, AS, STAFF, NURSE,, WITH, ALL, CONSEQUENTIAL, BENEFITS, TO, THEM, FROM, THE, DATE, OF, THEIR, WRONGFUL, TERMINATION, TILL, THE, DATE, OF, THEIR, REINSTATEMENT, CONSIDERING, THE, RECOMMENDATION, DATED, 05.05.2022, VIDE, ANNEXURE-F, AND, ALSO, IN, THE, ORDER, PASSED, IN, W, P, NO.3405-3431/2015, DATED, 25/2/19, VIDE,ANNEXURE,-,B,AND,ETC.,, , THIS,PETITION,,COMING,ON,FOR,PRELIMINARY,HEARING, IN, 'B', GROUP,, THIS, DAY,, ORDER, WAS, MADE, THEREIN, AS, UNDER:, , CORAM:, HON'BLE,MR.,JUSTICE,ASHOK,S.KINAGI, , Page No.2 is retyped and replaced vide Chamber order dated 12.08.2026

ORAL ORDER

¶1The petitioner filed this writ petition seeking following prayer:

(1) Issue a writ of mandamus, or any other appropriate writ, order, or direction in the nature thereof, commanding the respondent-Bangalore Medical College and Research Institute (BMCRI), to forthwith reinstate the petitioner to their erstwhile positions as staff Nurse, with all consequential benefits to them from the date of their wrongful termination till the date of their reinstatement considering the recommendation dated

05.05.2022 vide Annexure-F and also in the order passed in W.P.No.3405-3431/2015 dated

25.02.2019 vide Annexure-B.

(2) Issue a writ of mandamus directing the respondents to consider the representation dated 24.04.2025 as per Annexure-L3

(3) Pass any other order(s) that this Hon'ble Court may deem fit and proper in the interests of justice, equity and good conscience.

¶2Brief facts leading rise to the filing of this petition are as follows:

¶3The petitioner was terminated from service. The petitioner and others approached this court in W.P.Nos. 3405-3431 of 2015 and connected matters. The Co-ordinate Bench of this Court vide order dated

25.02.2019 disposed of the said petitions directing the respondent No.2 to keep 102 posts reserved for the petitioners therein, shall continue till the case of the petitioners are treated in terms of the directions given above. Even otherwise, further vacancies would have occurred and therefore the interest of the other petitioners i.e., 67 of them who did not have the benefit of interim order shall also be considered by the respondent No.2 before they proceed to issue a fresh notification. The petitioner by way of mandamus is trying to execute the order passed in the aforesaid writ petitions. Hence, prays to allow the writ petition.

¶4Heard the learned counsel for the petitioner and learned Government Advocate.

¶5Learned counsel for the petitioner submits that the petitioner is implementing the order passed in the aforesaid writ petitions, and therefore prays for a direction to the respondents to execute the order passed in the aforesaid writ petitions.

¶6Per contra, learned Government Advocate submits that there are serious allegations against the petitioner. He submits that if the order has been disobeyed, the petitioner has got an efficacious remedy by way of a contempt petition. The petitioner filed this writ petition without exhausting an efficacious remedy. Hence, he prays to dismiss the petition.

¶7Perused the records, and considered the submissions of the learned counsel for the parties.

¶8It is an undisputed fact that the petitioners approached this court in the aforesaid writ petitions, and the said

writ petitions came to be disposed of vide order dated

25.02.2019. If the respondents have disobeyed the order passed by this court in the aforesaid writ petitions, the petitioner could have filed a contempt petition. However, the petitioner has filed this petition seeking a mandamus to implement or execute the order passed in the aforesaid writ petitions. Hence, the writ petition filed by the petitioner is not maintainable.

¶9Accordingly, I proceed to pass the following order: ORDER i. The writ petition is dismissed. ii. Liberty is reserved to the petitioner to file a contempt petition, if so desired. iii. Pending IA(s), if any, stands disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE

SKS