- 1 - HC-KAR NC: 2026:KHC:19971 WP No. 11673 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 11673 OF 2026 (GM-RES) BETWEEN: DR G SIDDESH GENERAL SURGEON ENDOSCOPIST AND LAPAROSCOPIC SURGEON S/O LATE SRI G H GURUBASAPPA AGED ABOUT 67 YEARS NO. 897, GURUOM KANTHRAJ URS ROAD LASKHMIPURAM MYSURU 570 004 …PETITIONER (BY SRI. MOHAN N C., ADVOCATE) AND: 1. NATIONAL MEDICAL COMMISSION REP. BY ITS SECRETARY POCKET 14 SECTOR 8 PHASE I DWARKA NEW DELHI 110 077 2. SMT SUNANDA D/O LATE SRI NAGAIAH AGED MAJOR NO. 307, 10TH CROSS L I C LAYOUT SRIRAMPRA MYSURU 570 008 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19971 WP No. 11673 of 2026 3. KARNATAKA MEDICAL COUNCIL REP. BY ITS REGISTRAR 16/6, 2ND FLOOR MILLER TANK BUND ROAD VASANTHANAGAR BANGALORE 560 052 …RESPONDENTS [BY SRI. GOVARDHAN S., ADVOCATE FOR C/R2) (CP 5855/2026) (RTD WITH O/OBJNS)] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOM A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION DIRECTING THE 1 RESPONDENT TO ASSIGN A NUMBER FOR THE APPEAL AT ANNEXURE M FILED BY THE PETITIONER CHALLENGING THE ORDER DATED 31/01/2026 PASSED BY THE 3RD RESPONDENT IN KMC/ENQ/07/2019 AT ANNEXURE-E. B) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION DIRECTING THE 1 RESPONDENT TO FIX A DATE FOR CONSIDERATION OF THE APPEAL AT ANNEXURE-M AND THE INTERLOCUTORY APPLICATION, IA. NO. 1 FILED BY THE PETITIONER BEFORE THE 1 RESPONDENT UNDER SEC. 151 OF CPC SEEKING AD-INTERIM ORDER OF STAY OF OPERATION OF THE ORDER DATED 31/01/2026 AT ANNEXURE-A. C) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION DIRECTING THE 1 RESPONDENT TO FORTHWITH CONSIDER THE INTERLOCUTORY APPLICATION, I.A. NO. 1 FILED BY THE PETITIONER BEFORE THE 1 RESPONDENT UNDER SEC. 151 OF CPC SEEKING AD-INTERIM ORDER OF STAY OF OPERATION OF THE ORDER DATED 31/01/2026 AT ANNEXURE-A IN THE APPEAL FILED BY THE PETITIONER BEFORE THE 1 RESPONDENT AT ANNEXURE-M AND TO PASS ORDERS IN ACCORDANCE WITH LAW, D) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION DIRECTING THE 3RD RESPONDENT NOT TO GIVE EFFECT TO THE ORDER DATED 31/01/2026 AT ANNEXURE-E UNTIL THE 1 RESPONDENT HAS PASSED ORDERS IN ACCORDANCE WITH LAW ON THE INTERLOCUTORY APPLICATION, I.A. NO. 1 FILED - 3 - HC-KAR NC: 2026:KHC:19971 WP No. 11673 of 2026 BY THE PETITIONER BEFORE THE 1 RESPONDENT AT ANNEXURE-A UNDER SEC. 151 OF CPC SEEKING AD-INTERIM ORDER OF STAY OF OPERATION OF THE ORDER DATED 31/01/2026. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed alleging inaction on the part of respondent No.1/Commission in not assigning the number to the appeal filed by the petitioner and also not hearing the interlocutory application filed in I.A.No.1. 2. Heard the learned counsel appearing for the petitioner. Perused the material on record. 3. The petitioner asserts that the statutory appeal preferred before respondent No.1/Commission is well within the prescribed period of limitation and is accompanied by an interlocutory application seeking urgent interim relief. The gravamen of the petitioner’s grievance, however, is not with regard to the - 4 - HC-KAR NC: 2026:KHC:19971 WP No. 11673 of 2026 maintainability of the appeal, but with the inaction on the part of respondent No.1 in neither assigning a number to the appeal nor listing the same for preliminary consideration. It is in this backdrop that the petitioner contends that he is rendered remediless and is, therefore, constrained to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 4. This Court is not persuaded to entertain the petition in its entirety so as to examine the merits of the appeal or the interlocutory application. At the same time, this Court cannot remain oblivious to the procedural lapse on the part of respondent No.1/Commission. Once an appeal is presented in accordance with law, it is incumbent upon the Commission to scrutinize the same, assign a regular number, and list the matter for consideration, particularly when an application seeking urgent interim relief is filed. Any inaction in this regard defeats the very purpose of the appellate remedy and may result in denial of an efficacious opportunity to the aggrieved party. - 5 - HC-KAR NC: 2026:KHC:19971 WP No. 11673 of 2026 Therefore, while declining to grant substantive relief, this Court deems it appropriate to issue a limited direction to ensure that the statutory remedy is made effective. 5. In the result, the following: ORDER (i) The writ petition is allowed in part; (ii) Respondent No.1/Commission is directed to forthwith scrutinize the appeal filed by the petitioner, assign an appropriate appeal number, and list the matter at the earliest, thereby enabling the petitioner to advance submissions on the interlocutory application seeking interim relief, in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB, List No.: 4 Sl No.: 10