- 1 - HC-KAR CNR: KAHC010517292026 NC: 2026:KHC:46259 WP No. 23612 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 23612 OF 2026 (S-RES) BETWEEN: 1. DR SHIVALINGAPPA S/O BASAPPA, AGED ABOUT 51 YEARS, OCC: AYUSH MEDICAL OFFICER, WORKING AT TALUK HOSPITAL, KANAKAPURA, BENGALURU SOUTH - 562117. 2. DR. MUDHALE HAVAGIRAI S/O LATE DIGAMBAR, AGED ABOUT 46 YEARS, OCC: AYUSH MEDICAL OFFICER, WORKING AT GOVERNMENT GENERAL HOSPITAL, MAGADI TALUK, BENGALURU SOUTH - 562120. 3. DR. VIDYASHAKARI G. W/O DR. K.A. ANITH KUMARI, AGED ABOUT 49 YEARS, AYUSH MEDICAL OFFICER, GOVERNMENT HOSPITAL, SRINGERI, CHIKKAMAGALURU - 577139. 4. DR. RANGASWAMY S. S/O SATHYAPPA R., AGED ABOUT 47 YEARS, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010517292026 NC: 2026:KHC:46259 WP No. 23612 of 2026 OCC: AYUSH MEDICAL OFFICER, WORKING AT GOVERNMENT GENERAL HOSPITAL, KADUR, CHIKKAMAGALURU - 577548. 5. DR. MAHANTHESHA N.S. S/O SURANAYAKA, AGED ABOUT 53 YEARS, OCC AYUSH MEDICAL OFFICER, WORKING AT GOVERNMENT HOSPITAL, MOLAKALMURU, CHITRADURGA 577535. 6. DR. ASHOK H.S. S/O SIDDAPPA H.J., AGED ABOUT 49 YEARS, OCC AYUSH MEDICAL OFFICER, WORKING AT COMMUNITY HEALTH CENTRE, NAYAKANAHATTI, CHALLAKERE TALUK, CHITRADURGA 577522. 7. DR. RASHMI M. P., D/O M.T. PARAMESHWARAPPA, AGED ABOUT 42 YEARS, OCC AYUSH MEDICAL OFFICER, WORKING AT GOVERNMENT CHC, SRIRAMPURA, HOSADURGA TALUK, CHITRADURGA 577527. 8. DR. NAGARAJA K. S/O LATE KENCHAPPA M., AGED ABOUT 42 YEARS, OCC AYUSH MEDICAL OFFICER, WORKING AT GOVERNMENT CHC, MARADIHALLI, HIRIYUR TALUK, CHITRADURGA - 577598. 9. DR. CHANDRALEKHA BIRADAR, W/O DR. MUDHALE HAVAGIRAI, AGED ABOUT 46 YEARS, - 3 - HC-KAR CNR: KAHC010517292026 NC: 2026:KHC:46259 WP No. 23612 of 2026 OCC AYUSH MEDICAL OFFICER, WORKING AT TALUK GENERAL HOSPITAL, MAGADI, BENGALURU SOUTH - 562120. 10. DR. NAGARAJA R., S/O M.J. RAMAJI NAIK, AGED ABOUT 50 YEARS, OCC AYUSH MEDICAL OFFICER, WORKING AT GOVERNMENT GENERAL HOSPITAL HIRIYUR, CHITRADURGA 577598. 11. DR. SURESHACHAR S. S/O SUBHASHACHAR S., AGED ABOUT 43 YEARS, OCC AYUSH MEDICAL OFFICER, WORKING AT PHC BASARALU, MANDYA TALUK AND DISTRICT - 571416. 12. DR. RAVISHA M.N. S/O LATE M.K. NARAYANA, AGED ABOUT 47 YEARS, OCC AYUSH MEDICAL OFFICER, WORKING AT CHC KM DODDI, MADDUR TALUK, MANDYA DISTRICT - 571422. …PETITIONERS (BY SRI. VIGNESHWAR S SHASTRY, SR. COUNSEL FOR SRI. MARUTHI G B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, VIKAS SOUDHA, BENGALURU 560001. 2. THE DIRECTOR - 4 - HC-KAR CNR: KAHC010517292026 NC: 2026:KHC:46259 WP No. 23612 of 2026 NATIONAL HEALTH MISSION, DIRECTORATE OF HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, 1ST FLOOR, MAGADI ROAD, BENGALURU - 560023. 3. THE UNDER SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKAS SOUDHA, BENGALURU 560001. 4. THE DIRECTOR OF AYUSH GOVERNMENT OF KARNATAKA, DHANVANTRI ROAD, BENGALURU 560009. 5. UNION OF INDIA REP BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, A-WING, IP EXTENSION, KARTAVYA BHAVAN 1 DELHI-110001. …RESPONDENTS (BY SMT. ASHWINI PATIL, AGA FOR R1 TO R4 SRI. RAJASHEKAR, SR. CGSC FOR R5) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED SPEAKING ORDER BEARING REF. NO. HFWS-AYSOFILE/3/2022-NHM- AYUSH/HFWS (E-702425) DATED 06/06/2026 PASSED BY THE 2ND RESPONDENT, PRODUCED AS ANNEXURE-P, AS BEING ARBITRARY, ILLEGAL, UNCONSTITUTIONAL AND CONTRARY TO THE DIRECTIONS ISSUED BY THIS HON'BLE COURT. B) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO RECONSIDER THE CLAIM OF THE PETITIONERS FOR REGULARIZATION/ABSORPTION OF THEIR SERVICES AS - 5 - HC-KAR CNR: KAHC010517292026 NC: 2026:KHC:46259 WP No. 23612 of 2026 AYUSH MEDICAL OFFICERS, BY CONSIDERING THEIR REPRESENTATIONS DATED 06.05.2026, AT ANNEXURE-O STRICTLY IN ACCORDANCE WITH LAW, KEEPING IN VIEW. THE ORDER DATED 17.02.2026 PASSED BY THIS HON'BLE COURT IN W.P. NO.23009/2021 AT ANNEXURE - M; II. THE ORDER DATED 24.04.2026 PASSED BY THIS HON'BLE COURT IN W.P. NO.13239/2026 AT ANNEXURE-N; III. THE LAW LAID DOWN BY THE HON'BLE SUPREME COURT IN SECRETARY, STATE OF KARNATAKA V. UMA DEVI (3), (2006) 4 SCC 1, STATE OF KARNATAKA V. M.L. KESARI, (2010) 9 SCC 247, JAGGO V. UNION OF INDIA, VINOD KUMAR AND OTHERS V. UNION OF INDIA, AND OTHER BINDING PRECEDENTS. C) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO EXTEND ALL CONSEQUENTIAL SERVICE BENEFITS TO THE PETITIONERS, INCLUDING CONTINUITY OF SERVICE AND SUCH OTHER BENEFITS AS MAY BE ADMISSIBLE IN ACCORDANCE WITH LAW, UPON RECONSIDERATION OF THEIR CLAIM D) PASS SUCH OTHER ORDER OR ORDERS, WRIT OR DIRECTION AS THIS HON'BLE COURT DEEMS FIT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B', THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners have filed this writ petition seeking the following reliefs: 1) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the impugned Speaking Order bearing Ref. No.HFWS-AYSOFILE/3/2022-NHM- AYUSH/HFWS (E-702425) dated 06.06.2026 passed by the 2nd respondent, produced as Annexure-P, as being arbitrary, illegal, - 6 - HC-KAR CNR: KAHC010517292026 NC: 2026:KHC:46259 WP No. 23612 of 2026 unconstitutional and contrary to the directions issued by this Hon'ble Court; 2) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to reconsider the claim of the petitioners for regularization/absorption of their services as AYUSH Medical Officers, by considering their representations dated 06.05.2026 at Annexure-O, strictly in accordance with law, keeping in view; i. the order dated 17.02.2026 passed by this Hon'ble Court in W.P.No.23009/2021 at Annexure-M ii. the order dated 24.04.2026 passed by this Hon'ble Court in W.P.No.13239/2026 at Annexure-N iii. the law laid down by the Hon'ble Supreme Court in Secretary, State of Karnataka V. M.L.Kesari, (2010) 9 SCC 247, Jaggo V. Union of India, Vinod Kumar and others V. Union of India, and other binding precedents: 3) Issue a writ of mandamus directing the respondents to extend all consequential service benefits to the petitioners, including continuity of service and such other benefits as may be admissible in accordance with law, upon reconsideration of their claim; 4) Pass such other order or orders, writ or direction as this Hon'ble Court deems fit, just and proper in the facts and circumstances of the case, including award of costs, in the interest of justice and equity. - 7 - HC-KAR CNR: KAHC010517292026 NC: 2026:KHC:46259 WP No. 23612 of 2026 2. Brief facts leading rise to the filing of this writ petition are as follows: The Government of India launched the National Rural Health Mission (NRHM) with the objective of strengthening the public healthcare system, particularly in rural and underserved areas, by engaging qualified medical professionals under various healthcare programmes. The petitioners were appointed as AYUSH Medical Officers on contractual basis under the National Rural Health Mission and were posted to various Government Hospitals, Taluk Hospitals, Community Health Centres and Primary Health Centres throughout the State of Karnataka during 2007- 08. The Government of Karnataka issued notification dated 02.02.2008 prescribing the procedure for appointment of AYUSH Medical Officers under the National Rural Health Mission. The Director of Ayush recommended consideration of regularization of Ayush Medical Officers serving on contractual basis under the Karnataka Civil Services (Absorption of Contract Doctors) (Special) Rules, - 8 - HC-KAR CNR: KAHC010517292026 NC: 2026:KHC:46259 WP No. 23612 of 2026 2005 on 28.08.2013. The respondents have issued an endorsement rejecting the request for regularization of Ayush Medical Officers mainly relying upon the judgment in Secretary, State of Karnataka Vs. Uma Devi. This Court in W.P.No.23009/2021 directed the respondents to consider the representations of similarly situated Ayush Medical Officers independently, without being influenced by the endorsement dated 18.03.2019 and keeping in view the judgements of the Hon'ble Supreme Court and this Court. The petitioners submitted a detailed representations seeking regularization of their services in terms of the directions issued by this Court and applicable judicial precedents on 21.04.2026. This Court in W.P.No.13239/2026 disposed of the writ petition directing respondent No.2 to consider the petitioners representations in accordance with law within three months, without being influenced by the earlier endorsement dated 18.03.2019. Pursuant to the order dated 24.04.2026, the petitioners submitted fresh detailed - 9 - HC-KAR CNR: KAHC010517292026 NC: 2026:KHC:46259 WP No. 23612 of 2026 representations requesting regularization of their services on 06.05.2026. Respondent No.2 has passed the order on 06.06.2026 rejecting the request made by the petitioners for regularization of service. Hence, this writ petition. 3. Heard Sri Vigneshwar S.Shastry, learned Senior counsel for the petitioners and also learned Government Advocate for the respondents. 4. Learned counsel for the petitioners submits that, in view of the mandate laid down by the Hon’ble Apex Court in the cases of cases of Jaggo Vs. Union of India and Others1, Dharam Singh and Others Vs. State of U.P. and Another2, Shripal and Another Vs. Nagar Nigam, Ghaziabad3, Sukhendu Bhattacharjee and Others Vs. State of Assam and Others4 and Bhikhani Devi and Etc. Vs. Union of India and 1 2024 SCC OnLine SC 3826 2 2025 SCC OnLine SC 1735 3 2025 SCC OnLine SC 221 4 2026 SCC OnLine SC 909 - 10 - HC-KAR CNR: KAHC010517292026 NC: 2026:KHC:46259 WP No. 23612 of 2026 Others5, the endorsement issued by the respondents is in contrary to the judgment rendered by the Hon’ble Apex Court in the above mentioned cases and directed the respondents to reconsider the representation submitted by the petitioner in terms of the judgments rendered by the Hon’ble Apex Court. Hence, on these grounds, he prays to allow the writ petition. 5. Per contra, learned Government Advocate supported the impugned order and prays to dismiss the writ petition. 6. Perused the records and considered submissions of the learned counsel for the parties. 7. It is not in dispute that the petitioners were serving as Medical Officer earlier on contract basis from 2007-08 and they were posted at various Government Hospitals, Taluk Hospitals, Community Health Centres and Primary Health Centre. The Government of Karnataka 5 2026 SCC OnLine SC 1055 - 11 - HC-KAR CNR: KAHC010517292026 NC: 2026:KHC:46259 WP No. 23612 of 2026 issued a notification dated 02.02.2008 prescribing the procedure for appointment of the Medical Officer under the National Rural Health Mission. The Ministry of Health and Family Welfare, Government of India directed the State Government to take appropriate steps for appointment of the Doctors on regular basis instead of continuing contractual appointment vide notification dated 21.12.2011. Again on 09.07.2012, the Government of India reiterated its policy regarding regular appointment of doctors under the National Health Mission by issuing further communication to all the States. The Directorate of Ayush recommended consideration of regularization of Ayush Medical Officers serving on contractual basis under the Karnataka Civil Services (Absorption of Contract Doctors) (Special) Rules, 2005. The respondents issued an endorsement in rejecting the request of the petitioners on regularization of Ayush Medical Officer. The order of rejection by the respondents were challenged in W.P.No.23009/2021. This Court, vide order dated - 12 - HC-KAR CNR: KAHC010517292026 NC: 2026:KHC:46259 WP No. 23612 of 2026 17.02.2026, filed the impugned endorsement and directed the respondents to reconsider the case of the petitioner, similarly situated Auyush Medical Officer and keeping in view of the judgment of the Hon’ble Apex Court and this Court. The petitioners submitted representations on 21.04.2026 and requesting the respondents to regularise their services in terms of the direction issued by this Court in W.P.No.23009/2021. The representations were rejected by the respondents. The said endorsement was challenged in W.P.No.13239/2026. The said writ petition was disposed of directing the petitioners to submit a fresh representation in accordance with the law. Thereafter, the respondents shall consider the representation. Pursuant to the order dated 24.04.2026 passed in W.P.No.13239/2026 submitted a representation on 06.05.2026. Respondent No.2 has issued an endorsement rejecting the request of the petitioners for regularization of service relying upon the judgment passed by the Hon’ble Apex Court in the case of SECRETARY, STATE OF KARNATAKA AND OTHERS VS. - 13 - HC-KAR CNR: KAHC010517292026 NC: 2026:KHC:46259 WP No. 23612 of 2026 UMADEVI AND OTHERS reported in (2006) 4 SCC 1 in W.P.No.13239/2026, the respondents did not consider the subsequent judgement rendered by the Hon’ble Apex Court in the cases of Jaggo, Dharam Singh, Shripal, Sukhendu Bhattacharjee and Bhikhani Devi (Supra). The endorsement issued by the respondent No.2 is in contrary to the judgments rendered by the Hon’ble Apex Court in the case of Jaggo, Dharam Singh, Shripal, Sukhendu Bhattacharjee and Bhikhani Devi (Supra). 8. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned endorsement vide Annexure-P is hereby quashed. iii. The respondents are directed to reconsider the representation submitted by the petitioners in light of the law laid down by the judgment of the Hon'ble Apex Court in the cases of Jaggo, Dharam Singh, Shripal, Sukhendu - 14 - HC-KAR CNR: KAHC010517292026 NC: 2026:KHC:46259 WP No. 23612 of 2026 Bhattacharjee and Bhikhani Devi (Supra) within a period of one month from the date of the receipt of the copy of this order. iv. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB