- 1 - HC-KAR NC: 2025:KHC-D:15912 WP No. 108200 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108200 OF 2025 (GM-RES) BETWEEN: SMT. SUREKHA SOUNSIKAR AGE: 55 YEARS, OCC: MEDICAL OFFICER, AT: CIVIL HOSPITAL DHARWAD, R/O: C/O. SHANKAR D KALASANNAVAR, SHANTI DEVA KRUPA, PLOT NO. 24 PATRESHWAR NAGAR, KOTI PLOT, NEAR NEW APMC, DHARWAD-580001. …PETITIONER (BY SRI. M.H. PATIL, AND SRI. HARSHAWARDHANA M. PATIL, ADVOCATES) AND: 1. THE STATE OF KARNATAKA R/BY THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKAS SOUDHA, BENGALURU-560001. 2. THE DEPUTY DIRECTOR (MEDICAL-1), DEPARTMENT OF HEALTH AND FAMILY WELFARE, AROGYA SOUDHA, 1ST CROSS, MAGADI ROAD, BENGALURU-560023. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15912 WP No. 108200 of 2025 3. THE DISTRICT SURGEON DISTRICT HOSPITAL DHARWAD DHARWAD-580008 …RESPONDENTS (BY SRI.T.HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) ISSUE THE WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER PASSED BY THE RESPONDENT NO.2 VIDE ORDER BEARING NO.MDA(2)/45-137/2024-25 DATED 15.03.2025 VIDE ANNEXURE-C. B) ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO REIMBURSE AN AMOUNT OF RS.4,43,664/- ALONG WITH THE INTEREST TILL THE DATE OF REALIZATION IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15912 WP No. 108200 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer. A) Issue the Writ in the nature of certiorari quashing the order passed by the respondent No.2 vide order bearing No.MDA(2)/45-137/2024-25 dated 15.03.2025 vide ANNEXURE-C. B) Issue writ in the nature of Mandamus directing the respondents to reimburse an amount of Rs.4,43,664/- along with the interest till the date of realization in the interest of justice and equity. C) Issue any other Writ or order which deems fit to this Hon’ble Court in the interest of justice and equity. 2. Heard the learned counsel Sri. Harshawardhana M. Patil, appearing for the petitioner and the learned AGA for respondents. 3. The facts in brief germane are as follows. 4. The issue lies in a narrow compass. The petitioner gets herself treated in a particular hospital – KLES Hospital and Medical Research Center, Belagavi. The petitioner being a government servant submits an application to the State seeking reimbursement of medical expenses. The said claim of the - 4 - HC-KAR NC: 2025:KHC-D:15912 WP No. 108200 of 2025 petitioner seeking medical reimbursement comes to be rejected by the following order: EªÀjUÉ DqÀ½vÁ¢üPÁjUÀ¼ÀÄ f¯Áè D¸ÀàvÉæ zsÁgÀªÁqÀ – 580 008. ªÀiÁ£ÀågÉÃ. «µÀAiÀÄ: ²æêÀÄw ¸ÀÄgÉÃSÁ ¸ÀA²PÀgÀ ±ÀıÀƵÁ¢üSÁj EªÀgÀ ªÉÊzÀåQÃAiÀÄ aQvÁì ªÉZÀÑzÀ ©°èUÉ CºÀðvÀ ªÉÆvÀÛ ªÀÄgÀÄ¥ÁªÀw¸ÀĪÀ §UÉÎ, G¯ÉèÃR: F PÀbÉÃjAiÀÄ ¸ÀªÀÄ ¸ÀASÉå:JArJ(02)/137/2023-24 ¢£ÁAPÀ:23.02.2024 *** ªÉÄîÌAqÀ «µÀAiÀÄ ºÁUÀÆ G¯ÉèÃRPÉÌ ¸ÀA§A¢ü¹zÀAvÉ ²æêÀÄw ¸ÀÄgÉÃSÁ ¸ÀA²PÀgÀ ±ÀıÀƵÁ¢üSÁj EªÀgÀ ªÉÊzÀåQÃAiÀÄ aQvÁì ªÉZÀÑ ªÀÄgÀÄ¥ÁªÀw PÀÄjvÀÄ G¯ÉèÃTvÀ gÀ ¥ÀvÀæzÀ°è ¸ÀzÀjAiÀĪÀgÀÄ KLES DR PRABHAKAR KORE HOSPITAL AND MRC BELAGAVI. E°è aQvÉì ¥ÀqÉ¢gÀĪÀÅzÀjAzÀ F D¸ÀàvÉæAiÀÄÄ ¸ÀPÁðgÀ¢AzÀ ªÀiÁ£ÀåvÉ ¥ÀqÉ¢gÀÄ«®èzÀ DzÀ PÁgÀt PÁAiÀÄðPÁj ¤zÉÃð±ÀPÀgÀÄ ¸ÀĪÀtð DgÉÆÃUÀå ¸ÀÄgÀPÁë læ¸ïÖ EªÀjUÉ ªÀÄÆ® ©®ÄèUÀ¼À£ÀÄß PÀ¼ÀÄ»¸À¯ÁVvÀÄÛ ¸ÀĪÀtð DgÉÆÃUÀå ¸ÀÄgÀPÁë læ¸ïÖ EªÀgÀÄ ©®ÄèUÀ¼À£ÀÄß ¥Àj²Ã°¹zÁUÀ AiÀiÁªÀÅzÉà vÀÄvÀÄð ¸ÀAzÀ¨sÀðUÀ¼ÀÄ PÀAqÀħgÀzÀ PÁgÀt ªÉÊzÀåQÃAiÀÄ ªÉZÀÑzÀ ©®ÄèUÀ¼À£ÀÄß ªÀÄgÀÄ¥ÁªÀwUÉ ªÀiÁ£Àå ªÀiÁqÀ®Ä CªÀPÁ±À«gÀĪÀÅ¢®è JA§ÄzÁV w½¹gÀÄvÁÛgÉ. (¥Àæw ®UÀwÛ¹zÉ) JA§ ªÀiÁ»wAiÉÆA¢UÉ ¸À°è¹gÀĪÀ J¯Áè ªÀÄÆ® ©®ÄèUÀ¼À£ÀÄß F ¥ÀvÀæzÉÆA¢UÉ CqÀPÀ«j¹ »A¢gÀÄV¸À¯ÁVzÉ. vÀªÀÄä «±Áé¹ ¸À»/- G¥À ¤zÉÃð±ÀPÀgÀÄ (ªÉÊzÀåQÃAiÀÄ-1) DgÉÆÃUÀå ªÀÄvÀÄÛ PÀÄlÄA§ PÀ¯Áåt ¸ÉêÉUÀ¼ÀÄ ¨ÉAUÀ¼ÀÆgÀÄ 5. The learned counsel for the petitioner submits that the hospital is the same. The nomenclature is changed. Earlier it was KLES Hospital and Medical Research Centre and now the - 5 - HC-KAR NC: 2025:KHC-D:15912 WP No. 108200 of 2025 name is changed to KLES Prabhakar Kore Hospital and Medical Research Centre. It is nobody's case that it is a different hospital and not enlisted. Once enlisted, mere change in the nomenclature cannot be used to deny medical reimbursement of a government servant if the government servant is otherwise entitled to. 6. In identical circumstances, a Co-ordinate Bench of this Court has held as follows. 1. Learned AGA accepts notice for respondents Nos.1 to 4. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue the Writ in the nature of certiorari quashing the order passed by the respondent no. 4 vide his order bearing No. Er 05 AiÀÄÄE¹ 2024 (E) dated. 03/07/2024 vide ANNEXURE-C. b. Issue the writ in the nature of certiorari quashing the order passed by the respondent No.2 vide his order bearing no. DP ÀÄP À/J¸ï.J.J¸ï.n/JA.Dgï.¹/35680/202 4-2025 and order bearing No. DP ÀÄP À/J¸ï.J.J¸ï.n/JA.Dgï.¹/35681/202 4-2025 both are dated 31/08/2024 vide Annexure-E and E1. c. Issue Writ in the nature on Mandamus directing the respondents to reimburse an amount of Rs.13,95,464/- along with the interest till the date of realization in the interest of justice and equity. - 6 - HC-KAR NC: 2025:KHC-D:15912 WP No. 108200 of 2025 d. Issue any other Writ or order which deems fit to this Hon’ble Court in the interest of Justice and Equity. 3. The short grievance of the petitioner is that his medical reimbursement claim has been rejected solely on the ground that the hospital from which he availed treatment does not find a place in the Governmentrecognised list of private hospitals eligible for medical reimbursement, as per Annexure-A1. 4. Learned counsel for the petitioner submits that the hospital in question ‘Kasturba Medical College Hospital, Manipal’ was indeed present in the approved list. However, pursuant to a formal request dated 23.03.2021, the hospital sought for change of name to ‘Kasturba Hospital, Manipal’, in conformity with the registration certificate issued by the Karnataka Private Medical Establishment Authority, Udupi. 5. It is further submitted that despite the name change and the hospital’s communication, the updated name has not been incorporated in the Government list, resulting in rejection of the reimbursement claim. 6. The learned Additional Government Advocate contends that only the names of hospitals appearing as is in the approved list can be considered and that deviations, including name changes, cannot be accepted. 7. I have heard the learned counsel for the petitioner and the learned AGA and have carefully perused the material on record. 8. The only question that arises for consideration is: Whether medical reimbursement can be denied solely due to a change in the name of the hospital, even though it remains the same entity that was previously recognised? - 7 - HC-KAR NC: 2025:KHC-D:15912 WP No. 108200 of 2025 9. The purpose of maintaining a recognised list of private hospitals under Clause (ff) of Rule 3 of the Karnataka Government Servants (Medical Attendance) Rules, 1963, is to ensure that services are availed from vetted and approved institutions. The recognition involves inspection and assessment of the hospital’s infrastructure and services. 10. It is evident that if treatment is availed from an unrecognised hospital, reimbursement is not permissible. However, in the present case, Kasturba Medical College Hospital, Manipal was an approved institution. 11. Following its name change to Kasturba Hospital, Manipal, the hospital submitted a formal application on 23.03.2021 seeking correction in the recognised list. Despite this, the authorities have failed to update the name, resulting in rejection of reimbursement claims. 12. The hospital remains the same legal entity, and the name change was duly recorded under the Karnataka Private Medical Establishment Act. Denial of reimbursement merely on account of non- updated nomenclature, when the entity remains the same, is arbitrary and legally unsustainable. The respondent authorities were obligated to verify the request and update the recognised list after following the due procedure. Their failure to do so cannot prejudice the petitioner. 13. I answer the point framed by holding that medical reimbursement cannot be denied solely due to a change in the name of the hospital, even though it remains the same entity that was previously recognised. ORDER i. Writ petition is allowed. ii. A writ of certiorari is hereby issued, quashing the order passed by respondent No. 4, dated 03.07.2024 (Annexure–C), and also the orders - 8 - HC-KAR NC: 2025:KHC-D:15912 WP No. 108200 of 2025 passed by respondent No. 2, dated 31.08.2024 (Annexures–E and E1). iii. Respondent No. 2 is directed to reconsider the petitioner’s application for medical reimbursement, taking into account the change in the name of Kasturba Medical College Hospital, Manipal to Kasturba Hospital, Manipal, in accordance with applicable procedure. iv. The said reconsideration shall be completed within a period of six weeks from the date of receipt of a certified copy of this order.” 7. In the light of the aforesaid facts and the identical issue being decided by the Co-ordinate Bench in favour of the petitioner therein, the petition deserves to succeed. Accordingly, the following: ORDER i) Writ petition is allowed. ii. A writ of certiorari is hereby issued, quashing the order passed by respondent No.2, dated 15.03.2025 (Annexure–C). iii. Respondent No.2 is directed to reconsider the petitioner’s application for medical reimbursement, taking into account the change in the name of KLES Hospital and Medical Research Centre, Belagavi to KLES Prabhakar Kore Hospital and Medical Research Centre, - 9 - HC-KAR NC: 2025:KHC-D:15912 WP No. 108200 of 2025 Belagavi in accordance with applicable procedure. iv. The said reconsideration shall be completed within a period of six weeks from the date of receipt of a certified copy of this order. Sd/- (M.NAGAPRASANNA) JUDGE Rsh / CT:ANB List No.: 1 Sl No.: 44