- 1 - HC-KAR NC: 2025:KHC:26141-DB WP No. 16894 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 16894 OF 2025 (S-KSAT) BETWEEN: 1. MR. N VENUGOPAL AGED ABOUT 57 YEARS, S/O LATE SRI. S. K. NARAYAN SENIOR PHARMACY OFFICER ESI DISPENSARY BOMMANAHALLI BENGALURU - 560 068 RESIDING AT RAMAKRISHNAPURA, CHANDAPURA POST, ANEKAL TALUK, BENGALURU – 560 081 2. MR. PRADEEP.K AGED ABOUT 50 YEARS S/O SRI. M. KISHORE RAO WORKING AS PHARMACY OFFICER DIRECTORATE OF ESISMS RAJAJINAGAR, BENGALURU - 560 010 RESIDING AT NO.25, SUBBANNA ROAD, NEAR SAMBRAM BOYS HOSTEL CHIKKABETTAHALLI, VIDYARANYAPURA POST, BENGALURU - 560 097 …PETITIONERS (BY SRI. VIGNESHWARA S SHASTRI, SENIOR COUNSEL FOR SRI. SANTOSH B M, ADVOCATE) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26141-DB WP No. 16894 of 2025 AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY LABOUR DEPARTMENT VIKASA SOUDHA, DR. AMBEDKAR VEEDHI BENGALURU - 560 001 2. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BENGALURU - 560 001 3. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BENGALURU - 560 001 4. THE DIRECTOR DIRECTORATE ESISMS, RAJAJINAGAR, BENGALURU - 560 010 5. MR. K. NARASEGOWDA S/O KARIYAPPA, AGED ABOUT 57 YEARS, WORKING AS SENIOR PHARMACY OFFICER, ESI DISPENSARY DASARAHALLI, 8TH MILE, DASARAHALLI, BENGALURU - 560 057. 6. MR. P. NAGESHA S/O PUTTANANJAIAH AGED ABOUT 54 YEARS, - 3 - HC-KAR NC: 2025:KHC:26141-DB WP No. 16894 of 2025 WORKING AS SENIOR PHARMACY OFFICER, ESI HOSPITAL, KRS ROAD, MYSORE - 571 117 7. MR. J. SHANKAR S/O JAYARAMA AGED ABOUT 49 YEARS, WORKING AS SENIOR PHARMACY OFFICER ESI DISPENSARY PEENYA, SRS ROAD, BENGALURU - 560 058 8. MRS. SHENTHAMARAI SELVI A.S D/O A. SELVARAJ AGED ABOUT 49 YEARS, WORKING AS SENIOR PHARMACY OFFICER, ESI HOSPITAL INDIRANAGAR, APPAREDDY PALYA, BENGALURU – 560 008 9. MR. DHARMARAJA H.M S/O MOGANNA GOWDA AGED ABOUT 45 YEARS WORKING AS PHARMACY OFFICER ESI HOSPITAL, K.R.S ROAD MYSORE - 571 117 10. MR. K. GURURAJ SHETTY, S/O. K.RAGHAVENDRA SHETTY AGED ABOUT 58 YEARS WORKING AS SENIOR PHARMACY OFFICER ESI DISPENSARY KOPPAL, DR.SIMPILINGANNA ROAD, NEAR K.S.R.T.C BUS DEPOT, MURALIDHAR DESHPANDE BLDG., KOPPAL - 583 231 11. THE EMPLOYEES STATE INSURANCE CORPORATION REP. BY ITS DIRECTOR GENERAL PANCHADEEP BHAVAN - 4 - HC-KAR NC: 2025:KHC:26141-DB WP No. 16894 of 2025 CIG MARG, NEW DELHI – 110 002 …RESPONDENTS (BY SRI. REUBEN JACOB, AAG A/W SRI. V.SHIVA REDDY, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT TO QUASH ANNEXURE-A i.e., THE ORDER DATED 09/06/2025 PASSED BY THE HON’BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, AT BENGALURU IN APPLICATION NOS.2432- 2433/2025 ON THE INTERIM PRAYER, ETC THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard Sri.Vigneshwara S. Shastri, learned senior counsel for Sri.Santosh B.M., learned counsel for the petitioners and Sri.Rueben Jacob, learned AAG along with Sri.V.Shivareddy, for the respondents. 2. Sri.Vigneshwara S. Shastri, learned senior counsel for the petitioners would submit that the petitioners are before this - 5 - HC-KAR NC: 2025:KHC:26141-DB WP No. 16894 of 2025 Court aggrieved by interim order dated 09.06.2025 by which, the Tribunal refused to grant interim order of stay of Annexure - A11 notification dated 31.05.2025 where under, the Rules for the Karnataka Employees State Insurance Scheme (Medical) Services (Recruitment), Rules 2025 is published. 3. Learned senior counsel would submit that the petitioners are before the Tribunal questioning the validity of 2025 Rules insofar as entry 17 of the Schedule relating to Graduate Pharmacist where under, the said post is to be filled up by promotions from the cadre of Senior Pharmacy Officer. But according to him, the qualification prescribed is Graduation in Pharmacy or Pharmaceutical Science from an Institution or University recognized by the Pharmacy Council of India and must have put in not less than five years of service in the cadre of Senior Pharmacy Officer. 4. However, learned senior counsel would submit that the qualification for the appointment as Pharmacy Officer is Diploma in Pharmacy from an institution recognized by the Government of Karnataka and must have registered with Karnataka Pharmacy Council. When the qualification of - 6 - HC-KAR NC: 2025:KHC:26141-DB WP No. 16894 of 2025 Diploma is prescribed for a lower post of Pharmacy Officer, learned senior counsel would submit that prescribing degree for next promotion would be unreasonable and arbitrary. 5. On the other hand, Sri.Rueben Jacob, learned AAG would submit that the Pharmacy Officers are provided an opportunity to acquire degree during their service in terms of Rule 61 read with Appendix-IIA of the KCSRs. 6. Learned AAG has also filed an affidavit of Deputy Secretary to Government, Labour Department stating that Senior Pharmacy Officers, who are already in service, in terms of Rule 61 read with Appendix-IIA of the KCSR, provision is made for such of the officers who seek to acquire graduate qualification to be sent on deputation or grant of study leave for prosecution of higher studies. 7. Moreover, the Rule which is notified is presumed to be constitutionally valid unless, it is declared otherwise by any Court or Tribunal. Always the presumption is to the Constitutionality of the Rule. Hence, unless the petitioners succeed, they cannot say that the Rule is ultra vires or arbitrary. Therefore, when the petitioners are provided an - 7 - HC-KAR NC: 2025:KHC:26141-DB WP No. 16894 of 2025 opportunity to acquire degree qualification, we do not see any illegality or error in the order passed by the Tribunal. Accordingly, writ petition stands disposed of. 8. The Tribunal shall proceed to hear the matter without being influenced by any observation made in the above order. All contentions of the parties are left open. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MH List No.: 1 Sl No.: 12