- 1 - HC-KAR NC: 2026:KHC:20990-DB WA No. 994 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 994 OF 2023 (EDN-RES) 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 PGIMSR, BENGLAURU RAJAJINAGAR, BENGALURU REPRESENTED BY ITS DEPUTY DIRECTOR RAJAJI NAGAR BENGALURU 560010. …APPELLANTS (BY SMT. GEETHA DEVI M P.,ADVOCATE) AND: 1. RAHUL GARG SON OF SHRI MUKESH KUMAR GARG AGED ABOUT 27 YEARS, RESIDING AT NO. B3/57 SF, SEC 17 ROHINI,DELHI-110089. 2. DHANYASHREE D.V DAUGHTER OF SHRI VIJAYASHANAKR D.S AGED ABOUT 27 YEARS, RESIDING AT NO. 41. 3RD CROSS, Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20990-DB WA No. 994 of 2023 VIDYANAGAR, NANJANGUD MYSURU-57101 AMENDED VIDE ORDER DATED 13.11.2020 3. MANJUNATH SON OF SHIVANANDSORATI, AGED ABOUT 24 YEARS, RESIDING AT CI QSTRS, ZAHARS KRISHI KENDRA BRAMAHAVARA UDUPI DISTRICT-576213. 4. UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI-110011 REPRESENTED BY ITS SECRETARY. 5. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, 105, 1ST FLOOR, SECRTMENT BUILDING VIKASA SOUDHA, SESHADRI ROAD, BENGALURU 560001 REPRESENTED BY ITS SECRETARY. 6. KARNATAKA EXAMINATION AUTORITY SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BANGALORE 560012 REPRESENTED BY ITS DIRECTOR. 7. KARNATAKA MEDICAL COUNCIL KARNATAKA MEDICAL COUNCIL, NO.16/6, MILLER RANK BED AREA, VASANTHNAGAR, BENGALURU-560051 REPRESENTED BY ITS REGISTRAR - 3 - HC-KAR NC: 2026:KHC:20990-DB WA No. 994 of 2023 8. RAJIV GANDHI UNIVERSTIY OF HEALTH SCIENCE 4TH T BLOCK, JAYANAGAR, BENGALURU-560041 REPRESENTED BY ITS REGISTRAR. 9. MEDICAL COUNCIL OF INDIA POCKET-14, SECTOR 8, DWARAKA PHASE-1, NEW DELHI-110077 REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI.S. RAJASHEKAR CGC FOR R4; SMT. NAMITHA MAHESH B.G. AGA FOR R5). THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 13.11.2020 OF THE LEARNED SINGLE JUDGE IN THE WP No- 12353/2020 ON THE FILE OF THIS HONBLE COURT AND DISMISS THE WP WITH COSTS, IN THE ENDS OF JUSTICE AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. None appears for the contesting respondents. - 4 - HC-KAR NC: 2026:KHC:20990-DB WA No. 994 of 2023 2. For the reasons stated in the affidavit accompanying the application- IA No.1/2023, the same is allowed. The delay of 505 days in filing the appeal is condoned. 3. The learned counsel for the parties submit that the issue involved in the present appeal is squarely covered by the decision of this Court in Writ Appeal No.312 of 2020 [EDN-RES] decided on 06.04.2026. 4. In view of the above, the present Writ Appeal is allowed and the impugned order is set aside. 5. We also clarify that the operative directions issued in the said Writ Appeal No.312 of 2020 [EDN-RES] decided on 06.04.2026 shall also be applicable in the present appeal. 6. All pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE tsn* List No.: 2 Sl No.: 22.35