- 1 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE Mrs JUSTICE K S HEMALEKHA WRIT APPEAL NO.200133 OF 2021 (EDN-RES) C/W WRIT APPEAL NO.200108 OF 2021 WRIT APPEAL NO.200182 OF 2021 AND WRIT APPEAL NO.200186 OF 2021 IN W.A.NO.200133/2021 BETWEEN: 1. EMPLOYEES STATE INSURANCE CORPORATION MEDICAL DIVISION-IV, HQRS. OFFICE, PANCHADEEP BHAVAN, C.I.G MARG, NEW DELHI-110002. REPRESENTED BY ITS, DIRECTOR GENERAL. 2. THE EMPLOYEES STATE INSURANCE CORPORATION MEDICAL COLLEGE AND HOSPITAL KALABURAGI, SEDAM ROAD, KALABURAGI-585106. REPRESENTED BY ITS DEAN. …APPELLANTS (BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE) Digitally signed by KHAJAAMEEN MALAGHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 AND: 1. POORVASHREE S D/O SHIVALINGEGOWDA H M AGED ABOUT 24 YEARS, ROOM NO.306, PRA BUILDING ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 2. RAKSHITH BABU R S/O RUDRAMUNI S AGED ABOUT 24 YEARS, ROOM NO.324. ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 3. NELUVIGI NARASIMHAMURTHY S/O N VISHWANATHA AGED ABOUT 23 YEARS, ROOM NO.320, ESI BOYS HOSTEL ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 4. ZULEQUA SOHARWARDI D/O SOHARWARDI MOHAMMAD AMJAD ALI AGED ABOUT 23 YEARS, E/1973, BEHIND SK YATRIK NIVAS, BESIDE MN DESAI COLLEGE GODUTAI NAGAR, NEW JEWARGI CROSS, KALABURAGI-585102. 5. ADITYA RUDRESH S/O M RUDRESHA, AGED ABOUT 23 YEARS, ROOM NO.624, ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS SEDAM ROAD, KALABURAGI-585106. 6. SHUKRUTHA Y S D/O SHANKARAIAH Y J - 3 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 AGED ABOUT 22 YEARS, ROOM NO.215, PRA BUILDING ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 7. HARISHIKESH K G D/O. HALASWAMY K G AGED ABOUT 24 YEARS, ROOM NO.216, ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 8. NAMRATA PATIL D/O NAGSHETTY A PATIL AGED ABOUT 23 YEARS, H.NO.1 1499 101, PLOT NO.263 6TH MAIN, 60 FEET ROAD, GDA LAYOUT, CIB COLONY, BEHIND CENTRAL BUS STAND KALABURAGI-585106. 9. SAPTHAMI S. S D/O SADANAND S S AGED ABOUT 24 YEARS, ROOM NO.102, PRA BUILDING, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 10. AKARSH K R S/O RANGESH K G AGED ABOUT 23 YEARS, ROOM NO.420, ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 11. SHRIVATSA G K S/O. GUNDE RAO, AGED ABOUT 23 YEARS, ROOM NO.215, ESI BOYS HOSTEL, ESICMCH ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. - 4 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 12. RAZZIYABANU J D/O MEHABOOB AGED ABOUT 23 YEARS, ROOM NO.204, PRA BUILDING, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 13. MUJAHED AHMED S/O JAVID AHAMED, AGED ABOUT 23 YEARS, PLOT NO.33, 2ND CROSS GREEN HILLS GANESH NAGAR/BARRY HILLS, RING ROAD, KALABURAGI-585106. 14. SUMAYYA FATIMA D/O ABDUL WAHEED, AGED ABOUT 23 YEARS, ROOM NO.110, PRA BUILDING, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 15. SHAGHIL AMAAN S/O MD TOUFEEQH AHMED, AGED ABOUT 24 YEARS, ROOM NO.210, ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 16. SCAHIN S S/O P SUBRAMANI AGED ABOUT 23 YEARS, ROOM NO.325, ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 17. RUCHIKA VIJAY NAIK D/O DR. VIJAY NAIK, AGED ABOUT 24 YEARS, - 5 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 ROOM NO.202, PRA BUILDING, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALBURAGI-585106. 18. ANUKRUTHI G D/O SUHAS G AGED ABOUT 23 YEARS, ROOM NO.302, PRA BUILDING, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 19. DHANASHRI D/O SANAJAY NAIK, AGED ABOUT 23 YEARS, ROOM NO.213, PRA BUILDING, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 20. MOHD FAISAL ZOHEB S/O MOHD KHURSHID PASHA AGED ABOUT 24 YEARS, ROOM NO.208, ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 21. SHRUTI PURANIK D/O LATE RAVINDRA KUMAR PURANIK AGED ABOUT 24 YEARS, MIG 19 1ST PHASE, ADARSH NAGAR, KALABURAGI-585105. 22. PRARTHANA JOSHI D/O SRIKANT JOSHI, AGED ABOUT 23 YEARS, PLOT NO.100, VINAYAK, NEW JEWARGI ROAD, VTC GULBARGA KALABURAGI-585106. 23. KIRAN SHARANIAH HIREMATH S/O SHARNAIAH P HIREMATH AGED ABOUT 23 YEARS, - 6 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 ROOM NO.207, ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 24. SREEJA P D/O RAVI KRISHNA P AGED ABOUT 24 YEARS, ROOM NO.211, PRA BUILDING, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 25. KOLUR GHANASHYAM S/O K MALLIKARJUNA AGED ABOUT 22 YEARS, 4-8-75/22/B SHATAVAHANA COLONY, NARAYANPET, MAHABUBNAGAR DIST: TELANGANA-509210. 26. VAMSHI KRISHNA E S/O OMKARAM E AGED ABOUT 23 YEARS, PRASHANT NAGAR, 21 WARD SINDHANUR TQ. RAICHUR-584128. 27. MANASA T M D/O T M MAHABALESHWARA SWAMY, AGED ABOUT 24 YEARS, ROOM NO.304, PRA BUILDING, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALBURAGI-585106. 28. VINEET V HOSALLI S/O DR.VINOD KUMAR HOSALLI, AGED ABOUT 24 YEARS, PLOT NO.17/4, NEW GHATGE LAYOUT, KALBURAGI-585103. 29. ABHISHEK S/O MALLIKRAJUN KUDUGUNTI, AGED ABOUT 24 YEARS, - 7 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 ROOM NO.217, ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106. 30. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH & FAMILY WELFARE 105, 1ST FLOOR, SECRETARIAT BUILDING, VIKASA SOUDHA, SESHADRI ROAD, BENGALURU-560001. REPRESENTED BY ITS SECRETARY 31. KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESHWARM BANGALORE-560012. REPRESENTED BY ITS DIRECTOR. 32. KARNATAKA MEDICAL COUNCIL 70, 2ND FLOOR, VAIDAKEEYA BHAVANA K.R. ROAD, H.B. SAMAJA ROAD CORNER, BASAVANAGUDI, BENAGLURU-560004. REPRESENTED BY ITS REGISTRAR. 33. RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCE, 4TH T BLOCK, JAYANAGAR, BENGALURU-560041. REPRESENTED BY ITS REGISTRAR. 34. NATIONAL MEDICAL COMMISSION (ERSTWHILE MEDICAL COUNCIL OF INDIA) POCKET-14, SECTOR 8, DWARKA PHASE-1, NEW DELHI-110077. REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. MALLIKARJUN C. BASAREDDY, AGA FOR R30; SRI. BASAVARAJ R. MATH, ADV. FOR R31; SMT. PREETI PATIL MELKUNDI, ADV. FOR R32; SRI. R. J. BHUSARE, ADV. FOR R33; SRI. SUDHIRSINGH R. VIJAPUR, DSGI FOR R34) - 8 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURTS ACT, 1961, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE ORDER DATED 17.02.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.200349/2021 AND DISMISS THE WRIT PETITION. IN WA NO.200108/2021 BETWEEN: 1. EMPLOYEES STATE INSURANCE CORPORATION MEDICAL DIVISION-IV, HEAD QUARTERS OFFICE, PANCHADEEP BHAVAN, CIG MARG, NEW DELHI-110002. REPRESENTED BY ITS DIRECTOR GENERAL 2. EMPLOYEES STATE INSURANCE CORPORATION MEDICAL COLLEGE AND HOSPITAL, SEDAM ROAD, KALABURAGI-585106. REPRESENTED BY ITS DEAN. …APPELLANTS (BY SRI.SANJEEVKUMAR C. PATIL, ADVOCATE) AND: 1. DR. RAJITHA K D/O: K. SUBBAYYA AGE: 24 YEARS R/O: PLOT NO.25, VINAYAK BUILDING, NEAR KALIKA DEVI TEMPLE, JR. NAGAR, GDA LAYOUT, KALABURAGI-585106. 2. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, 105, 1ST FLOOR, SECRETARIAT BUILDING, - 9 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 VIKASASOUDHA, SESHADRI ROAD, BENGALURU-560001. REPRESNTED BY ITS SECRETARY. 3. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560012. 4. KARNATAKA MEDICAL COUNCIL 70, 2ND FLOOR, VAIDYAKEEYA BHAVANA, K.R. ROAD, H.B. SAMAJA ROAD CORNER, BASAVANAGUDI, BENGALURU-560004. REPRESENTED BY ITS REGISTRAR. 5. RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCES 4TH T BLOCK, JAYANAGAR, BENGALURU-560041. REPRESENTED BY ITS REGISTRAR. 6. MEDICAL COUNCIL OF INDIA POCKET 14, SECTOR 8 , DWARKA, PHASE-1, NEW DELHI-110077. REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. MALLIKARJUN C. BASAREDDY, AGA FOR R2; SRI. BASAVARAJ R. MATH, ADV. FOR R3; SMT.PREETI PATIL MELKUNDI, ADV FOR R4; SRI. R.J.BHUSARE, ADV. FOR R5) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURTS ACT, 1961, PRAYING TO CALL FOR RECORDS AND TO SET ASIDE THE ORDER DATED 03.09.2020 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.226268/2020 AND DISMISS THE WRIT PETITION. - 10 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 IN WA NO.200182/2021 BETWEEN: 1. EMPLOYEES STATE INSURANCE CORPORATION MEDICAL DIVISION-IV, HEAD QUARTERS OFFICE, PANCHADEEP BHAVAN, CIG MARG, NEW DELHI-110002. REPRESENTED BY ITS DIRECTOR GENERAL 2. EMPLOYEES STATE INSURANCE CORPORATION MEDICAL COLLEGE AND HOSPITAL, SEDAM ROAD, KALABURAGI-585106. REPRESENTED BY ITS DEAN. …APPELLANTS (BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE) AND: 1. MALIHA FATIMA D/O MOHAMMED ABDUL RAHEEM AGE: 23 YEARS H.NO.7-1202/I/1, NEAR KBNCE, NEW BANK COLONY, BILALBAD, KALABURAGI-585104. KARNATAKA. 2. LAXMI D KIRWADI D/O DEVENDRAPPA AGED ABOUT 25 YEARS C/O RATNAVVAK CHOUDANNANAVAR, CHIKKOUNSHI HOSUR, TQ. HANGAL, HAVERI-585104. KARNATAKA. 3. SIJUMON SIYAD S/O SIYAD SS AGE: 26 YEARS R/O. MVS SADANAM PUNNAPRA SOUTH P.O. ALAPPAZUHA-688004. KERALA 4. UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI-110011. BY ITS SECRETARY. - 11 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 5. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, 105, 1ST FLOOR, SECRETARIAT BUILDING, VIKASASOUDHA, SESHADRI ROAD, BENGALURU-560001. REPRESENTED BY ITS SECRETARY. 6. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560012. REPRESENTED BY ITS DIRECTOR. 7. KARNATAKA MEDICAL COUNCIL 70, 2ND FLOOR, VAIDYAKEEYA BHAVANA, K.R. ROAD, H.B.SAMAJA ROAD CORNER, BASAVANAGUDI, BENGALURU-560004. REPRESENTED BY ITS REGISTRAR. 8. RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCES 4TH T BLOCK, JAYANAGAR, BENGALURU-560041. REPRESENTED BY ITS REGISTRAR. 9. MEDICAL COUNCIL OF INDIA POCKET 14, SECTOR 8, DWARKA, PHASE-1, NEW DELHI-110077. REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI.MALLIKARJUN C. BASAREDDY, AGA FOR R5; SRI.SUDHIRSINGH R. VIJAPUR, DSGI FOR R4 AND R9; SRI. BASAVARAJ R. MATH, ADV. FOR R6; SMT. PREETI PATIL MELKUNDI, ADV. FOR R7; SRI. R. J. BHUSARE, ADV. FOR R8) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURTS ACT, 1961, PRAYING TO CALL FOR RECORDS AND TO SET ASIDE THE ORDER DATED 03.09.2020 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.226188/2020 AND DISMISS THE WRIT PETITION. - 12 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 IN W.A.NO.200186/2021 BETWEEN: 1. EMPLOYEES STATE INSURANCE CORPORATION MEDICAL DIVISION-IV, HEADQUARTERS OFFICE, PANCHADEEP BHAVAN, CIG MARG, NEW DELHI-110002. REPRESENTED BY ITS DIRECTOR GENERAL 2. EMPLOYEES STATE INSURANCE CORPORATION MEDICAL COLLEGE AND HOSPITAL, SEDAM ROAD, KALABURAGI-585106. REPRESENTED BY ITS DEAN. …APPELLANTS (BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE) AND: 1. BIRAJDAR AMAR SANJEEV S/O SANJEEV BIRAJDAR AGE 24 YEARS, #20, AT YALWANTHI (B) POST KUMSI, TQ. KALABURAGI DIST. KALABURAGI-585104. 2. MAHESH K J S/O KALYANRAO D JEEVANAGIKAR AGE: 24 YEARS, PLOT NO.88/1, MAKA LAYOUT, JEWARGI COLONY KALABURAGI-585102. 3. SWATI Y P D/O YELLAPPA PUJARI AGE: 25 YEARS, PLOT NO.6, LAKSHMI NAGAR, NEAR M.B NAGAR POLICE STATION KALBURAGI-585106. - 13 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 4. NITIN M BOTHGI S/O MALLAPPA BOTHGI AGE: 24 YEARS, PLOT NO.60, BASAVAKRUPA KUVEMPU NAGAR, BEHIND KBN HOSPITAL KALABURAGI-585102. 5. G. NIKETH S/O AJAYKUMAR GUDUDUR AGE: 24 YEARS, H.NO.1-4/3B, BEHIND KSRTC GUEST HOUSE, KHUBA PLOT KALABURAGI-585102. 6. AGNIVESH VAIDYA S/O SHIVARAJ VAIDYA AGE: 24 YEARS, H.NO.MIG-197, NAUBAD BIDAR-585402. PRESENTLY C/O ESIC NEW BOYS HOSTEL ESIC MEDICAL COLLEGE SEDAM ROAD, KALABURAGI-585106. 7. VEERESH K HIREMATH S/O KALLAYYA P HIREMATH AGE:24 YEARS, H.NO.4 NEAR GOVT SCHOOL, HOLE HANGARAGI VIJAYAPURA-586201. PRESENTLY C/O ESIC NEW BOYS HOSTEL ESIC MEDICAL COLLEGE SEDAM ROAD, KALABURAGI-585106. 8. POOJA B.R. D/O RAMESH S AGE 24 YEARS, BYALAHALLI, POST KAMADENHALLI TQ. KOLAR, KOLAR-583101. PRESENTLY C/O ESIC NEW BOYS HOSTEL ESIC MEDICAL COLLEGE SEDAM ROAD, KALABURAGI-585106. - 14 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 9. SHAHZIYA D/O ABDUL RASHEED, AGE:24 YEARS, H.NO.2-5-46/8/1 KODALAR TIPPU SULTAN ROAD, RAICHUR-584101. PRESENTLY C/O ESIC NEW BOYS HOSTEL ESIC MEDICAL COLLEGE, SEDAM ROAD, KALABURAGI-585106. 10. POOJA PATIL D/O BAJIRAO PATIL AGE:25 YEARS, H.NO.8-11, OPP. GOVT HOSPITAL TEHSIL ROAD, AURAD (B) BIDAR-585326. PRESENTLY C/O ESIC NEW BOYS HOSTEL ESIC MEDICAL COLLEGE, SEDAM ROAD KALABURAGI-585106. 11. ARUNKUMAR YALGI S/O CHIDANAND S YALGI AGE: 24 YEARS, E55 SBC CAMP KEMBHAVI TQ. SHORAPUR, YADGIR-585201. PRESENTLY C/O ESIC NEW BOYS HOSTEL ESIC MEDICAL COLLEGE, SEDAM ROAD KALABURAGI-585106. 12. MANIKANTH R S/O RAMESH B K AGE:26 YEARS, BESIDE RAGHU MILK CENTRE, KARENAHALLI DODDABALLAPUR, BANGALORE RURAL-561203. PRESENTLY C/O ESIC NEW BOYS HOSTEL ESIC MEDICAL COLLEGE, SEDAM ROAD KALABURAGI-585106. - 15 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 13. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE 105, 1ST FLOOR, SECRETARIAT BUILDING, VIKASA SOUDHA, SESHADRI ROAD, BENGALURU-560001. REPRESENTED BY ITS DIRECTOR. 14. KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESHWARM, BANGALORE-560012. REPRESENTED BY ITS DIRECTOR 15. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4TH T BLOCK JAYANAGAR, BENGALURU-560041. REPRESENTED BY ITS REGISTRAR 16. THE MEDICAL COUNCIL OF INDIA POCKET 14, SECTOR 8 DWARAKA PHASE-1 NEW DELHI-110077. REP. BY ITS SECRETARY. 17. UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAWAN, NEW DELHI-110011. REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI. MALLIKARJUN C. BASAREDDY, AGA FOR R13; SRI. BASAVARAJ R. MATH, ADV. FOR R14; SRI. R.J.BHUSARE, ADV. FOR R15; SRI. N. KHETTY, ADV. FOR R16; SRI. SUDHIRSING R. VIJAPUR, DSGI. FOR R17) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURTS ACT, 1961, PRAYING TO CALL FOR RECORDS AND TO SET ASIDE THE ORDER DATED 03.09.2020 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.226229/2020 AND DISMISS THE WRIT PETITION. THESE APPEALS ARE COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 16 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS. JUSTICE K S HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ) These appeals are preferred against the orders passed by the learned Single Judge in Writ Petitions No.200349/2021, 226268/2020, 226188/2020 and 226229/2020, which were disposed of, in terms of the judgment in the case of Shabana Salahudheen and others v. Union of India and others, in W.P.Nos.29365-29368/2018 (EDN-RES) dated 14.02.2020. 02. The operative portion of the judgment in Shabana’s case reads as under:- - 17 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 “In the above circumstances, these writ petitions succeed; a Writ of Certiorari issues quashing the impugned orders; a Writ of Mandamus issues restraining the respondent – ESI Corpn and its colleges from enforcing against the petitioners the Five Year Compulsory Service Bond for any period; the respondent Corporation and their colleges are directed to relieve the petitioners from the obligation of compulsory service unconditionally, and to issue Orders / Endorsements to that effect; no liability or the like shall be fastened on the petitioners or their parents on account of the service bonds in question.” 03. The contention of the respective petitioners / students in the writ petitions was that, respondents No.3 and 4 have no legal basis to insist upon them to compulsorily serve for a period of 05 years on completion of their MBBS Degree at respondent No.3 - College and to relieve them from the service under bonds which they have been serving in the ESI Hospital etc., - 18 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 04. It is not in dispute that 05 years term has been lapsed. Though, the writ appeals are filed in the year 2020, as on today the students namely the contesting respondents, against whom the relief is sought are not served. 05. The learned counsel appearing for the appellants would submit that against the judgment in Shabana’s case, appeals are pending before the Division Bench of the Principal Bench. However, there is no any interim order passed in the writ appeals. 06. Since, the contesting respondents namely the petitioners in the writ petitions are not yet served and 5 year term has been lapsed, there is no purpose in keeping the appeals pending for an indefinite period. 07. This Court on 11.06.2025 finally granted a week’s time to serve the notice on un-served respondents, observing that failing which, the appeals shall be listed for dismissal. - 19 - HC-KAR NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021 08. In view of the above, Writ appeals are dismissed accordingly, reserving liberty to the appellants to revive these appeals, subject to the result of the writ appeals which are pending before the Principal Bench, preferred against the judgment passed in Shabana’s case, in accordance with law, if so advised. 09. In view of disposal of the appeals, pending I.As. do not survive for consideration, hence, they are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (K S HEMALEKHA) JUDGE KJJ List No.: 1 Sl No.: 3 CT:JLR