SUNIL ADAGAL vs THE STATE OF KARANATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11452
WP No. 202674 of 2026
CNR: KAHC030051672026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 202674 OF 2026 (S-RES)
BETWEEN:
MR. SUNIL ADAGAL
S/O RAVINDRA ADAGAL
AGED ABOUT 32 YEARS
WORKING AS PHARMACY OFFICER
PRIMARY HEALTH CENTRE, NAGAVI B K
TK: SINDAGI
ND
R/O VIDYANAGAR, 2 CR, NEAR WATER TANK
SINDAGI, DT: VIJAYAPUR-586128
…PETITIONER
(BY SMT. AKKAMAHADEVI HIREMATH., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND FAMILY WELFARE
VIKASA SOUDHA, DR. AMBEDKAR VEEDHI
BANGALORE-01
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE DIRECTOR
HEALTH AND FAMILY WELFARE SERVICES
AROGYA SOUDHA, MAGADI ROAD
BANGALORE-560023
…RESPONDENTS
Digitally
signed by
SWETA
KULKARNI
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI.SHIVAKUMAR TENGLI, AGA)
This WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE
A WRIT OF CERTIORARI AND QUASH THE ENDORSEMENT
DATED 26.12.2025, IN NO.PRM/66/2024-25 E-1689269
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ND
PRODUCED AS ANNEXURE-P, ISSUED BY THE 2 RESPONDENT
AND; B) CONSEQUENTLY, DIRECT THE RESPONDENT NOS.1
AND 2 TO FORTHWITH DEPUTE THE PETITIONER FOR HIGHER
EDUCATION IN ORDER TO PURSUE HIS M.PHARMA IN WHICH
HE HAS BEEN ADMITTED, AND RELIEVE HIM FROM DUTY, AS
PER RULE 61 AND APPENDIX IIA PARA I, OF THE KCS RULES,
AFTER OBTAINING THE COMPULSORY SERVICE BOND FROM
THE PETITIONER TO SERVE THE RESPONDENT DEPARTMENT
UPON HIS RETURN TO SERVICE AFTER COMPLETING HIS
COURSE AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
This writ petition is filed seeking the following prayers:
“a. Issue a Writ of Certiorari and quash the
Endorsement dated 26.12.2025, in NO
PRM/66/2024-25 E-1689269 produced as
Annexure -P, issued by the 2nd Respondent,
and
b. Consequently, direct the Respondent
Nos.1 and 2 to forthwith depute the Petitioner
for Higher Education in order to pursue his
M.Pharma in which he has been admitted, and
relieve him from duty, as per Rule 61 and
Appendix IIA Para I, of the KCS Rules, after
obtaining the Compulsory Service Bond from
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the Petitioner to serve the Respondent
Department upon his return to service after
completing his course”.
2. Smt.Akkamahadevi Hiremath, learned counsel
appearing for the petitioner submits that the petitioner is
working as a Pharmacy Officer at Primary Health Centre,
Nagavi B.K. of Sindagi, Taluk, Vijayapura District. He
intended to pursue his Masters in Pharmacy course and
hence, he sought no objection from the respondents and
the No Objection Certificate (NOC) came to be issued.
Thereafter, he appeared for the examination conducted by
the Karnataka Examination Authority (for short, ‘the KEA’).
He got admission at the Government College of Pharmacy,
Bengaluru. Thereafter, he has paid the fees and before
the course commenced, he submitted representations to
the respondent No.2 to relieve him from his duties in order
to join the course. However, the Authority issued the
impugned endorsement dated 26.12.2025 declining him to
relieve him from his duties by referring to the circular
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dated 06.12.2025. It is submitted that the said circular
clearly indicates that a policy decision is taken not to
relieve the paramedical staff working with the Government
mainly on the ground that there is shortage of hands.
However, the said circular makes it very clear that it had a
prospective effect and by ignoring the same, the
endorsement came to be issued. It is further submitted
that the admission granted to the petitioner was for the
academic year 2024-25. The said course has commenced
and the petitioner can join the course from November
2026. Hence, she seeks to allow the petition by directing
the Authorities to relieve the petitioner from the duties
and permit him to join the course on deputation.
3. Per contra, the learned Additional Government
Advocate appearing for the respondents has filed the
statement of objections seeking to sustain the impugned
endorsement and submits that the State Government has
taken a decision not to permit its employees to pursue
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their higher studies mainly on the ground that there is
shortage of staff and considering the same, the
endorsement has been issued which does not call for any
interference. The learned Additional Government
Advocate, after securing instructions from the Principal,
Government College of Pharmacy, Bengaluru, has filed a
memo along with a copy of the communication letter.
4. The contents of the said letter reads as under:
“Sir/Madam,
I would like to bring the following points for
your kind consideration as per your request
1. Sunil Adigal name is approved by Rajiv
Gandhi University of Health Sciences (RGUHS)
for the year 2024-25.
2. If he wishes he can continue by taking
readmission which commences from
November/ December.
3 We can not give his admission to other
person as his name was approved by RGUHS
Thanking you and Regards.”
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5. The learned Additional Government Advocate
further submits that if the Court intends to order for
relieve the petitioner, the College has given instructions
that the petitioner can join the course from November
2026 and his admission has been approved by the Rajiv
Gandhi University. The said submission is placed on
record.
6. I have heard the arguments of the learned
counsel appearing for the petitioner, the learned Additional
Government Advocate appearing for the respondents and
meticulously perused the material available on record.
7. The petitioner joined the respondent No.1-
Department on 28.12.2016 and completed his
probationary period as per the official memorandum dated
21.08.2019. The petitioner completed B.Pharmacy course
in the year 2015 and thereafter, he appeared for the
examination conducted by the KEA for P.G. course in
M.Pharmacy. The respondent No.2 issued no objection
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certificate to the petitioner to appear for the said
examination. The petitioner got admission through the
said examination process and the KEA issued an admission
order dated 22.01.2022 at Annexure-J permitting the
petitioner to get admitted at the Government Pharmacy
College, Bengaluru. The petitioner had paid the requisite
fees to the allotted College as per Annexure-J1. The
petitioner thereafter submitted representations dated
27.01.2024 and 24.04.2025 to the respondent No.2
seeking to relieve him from duties to enable him to join
the M.Pharmacy course as per the admission order on
deputation.
8. It is to be noticed that the Administrative
Officer of Nagavi B.K. Primary Centre has sent a
communication dated 05.03.2025 to the respondent No.2
indicating that the petitioner can be relieved from duties
and they would make alternate arrangements in his place.
Thereafter, the petitioner sent correspondence to the
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respondent No.2 seeking to relieve him from the duties.
However, the Authorities, vide endorsement dated
26.12.2025 declined his request by citing a circular dated
06.12.2025. A perusal of the circular issued by the
respondent No.1 dated 06.12.2025 clearly indicates that
the State has taken a decision that until a specific plan is
formulated by the Department with regard to the issuance
of NOC for in-service candidates, the candidates are
prohibited being relieved from duties. The circular also
clearly indicates that it would have a prospective effect
and not retrospective effect. It is further to be noticed
that the petitioner has been provided with NOC and
pursuant to the same, he has appeared for the
examination, got allotment of seat at Government
Pharmacy College, Bengaluru, paid the fees and as per the
instructions of the learned Additional Government
Advocate, the Rajiv Gandhi University of Health Sciences,
Bengaluru, has approved his admission.
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9. In my considered view, the decision taken by
the respondent No.2 in the impugned endorsement dated
26.12.2025 is contrary to the circular dated 06.12.2025
and contrary to the NOC issued in favour of the petitioner
as well as the letter at Annexure-L, wherein the
Administrative Officer of the concerned Primary Health
Centre has clearly indicated that they would make
alternate arrangement in place of the petitioner. It is to
be noticed that the petitioner was admitted for
M.Pharmacy course for the academic year 2024-25 and
the said course has commenced.
10. The learned Additional Government Advocate
has filed a memo along with the letter issued by the
Government Pharmacy College, Bengaluru, which is
extracted supra. The said letter clearly indicates that the
petitioner’s admission has been approved by the RGUHS,
Bengaluru, and the College is ready to admit him for the
first year M.Pharmacy course from November 2026. In
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view of the same, the impugned order calls for
interference and further required to issue direction to the
respondents to relieve/deputy the petitioner for higher
studies.
11. For the aforementioned reasons and taking note
of the aforesaid communication from the College, I
proceed to pass the following:
ORDER
allowed
(i) The writ petition is .
(ii) The impugned endorsement dated 26.12.2025
at Annexure-P is set aside.
(iii) Consequently, the respondents are directed to
relieve the petitioner from his duties and depute
him for higher education in order to pursue
M.Pharmacy course in the Government
Pharmacy College, Bengaluru, forthwith.
(iv) It is needless to observe that the allotted
College shall allow the petitioner to pursue the
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course as per their communication referred
supra.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
RV
List No.: 1 Sl No.: 33