- 1 - HC-KAR NC: 2026:KHC:20969-DB WA No. 20 of 2021 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. 20 OF 2021 (EDN-RES) BETWEEN: 1. EMPLOYEES STATE INSURANCE CORPORATION MEDICAL DIVISION-IV HEAD QUARTERS OFFICE PANCHADEEP BHAVAN C I G MARG NEW DELHI - 110 002 REPRESENTED BY ITS DIRECTOR GENERAL 2. THE EMPLOYEES STATE INSURANCE CORPORATION ESIC MEDICAL DENTAL AND NURSING COLLEGE MINISTRY OF LABOR AND EMPLOYMENT GOVT. OF INDIA, RAJAJINAGAR BENGALURU - 560 010 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE DEPUTY DIRECTOR …APPELLANTS (BY SMT. GEETHA DEVI M P.,ADVOCATE) AND: 1. DR. BHARATH NAIK M S/O B MANOHAR NAIK, AGED ABOUT 28 YEARS, OCCUPATION DOCTOR NO.610, ESI MEDICAL COLLEGE BOYS HOSTEL, RAJAJINAGAR BENGALURU - 560 010 2. DR SATISH DALAWAI S/O LAKSHMAN DALWAI AGED ABOUT 28 YEARS, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20969-DB WA No. 20 of 2021 OCCUPATION DOCTOR ESI MEDICAL COLLEGE BOYS HOSTEL RAJAJINAGAR BENGALURU - 560 010 3. DR PREETI SHANKAR MALAPURE D/O SHANKAR MALAPURE AGED ABOUT 27 YEARS, OCCUPATION DOCTOR CARE OF M Y MALAKANNAVAR NO. 69, NEAR OM GANESH TEMPLE, SHINDE COLONY, GANGBAWADI VIJAYAPURA - 586 101. 4. DR NANDARAJ H S/O HANUMANTHARAJU B AGED ABOUT 29 YEARS, OCCUPATION DOCTOR NO.17, 8TH CROSS, J S NAGAR SARASWATHIPURAM NANDINI LAYOUT, BENGALURU - 560 096 5. DR PRIYA BHAT D/O DR. MAHARAJ KRISHNA BHAT AGED MAJOR, OCCUPATION DOCTOR NO.A-805, GLACIER BLOCK, BRIGADE GARDNIA J P NAGAR R B I LAYOUT, BENGALURU - 560 078. 6. DR M NANDHINI D/O S MUTHU SWAMY AGED MAJOR, OCCUPATION DOCTOR NO.20, I O B COLONY MAHARAJA NAGAR TIRUNELVELI TAMILNADU - 627 011. 7. DR SPHURTHY GATTU D/O DR GATTU SARANGAM AGED MAJOR, OCCUPATION DOCTOR 1-7-1220 ROAD NO.2, ADVOCATES COLONY HANAMKONDA WARANGAL TELANGANA 8. DR MALLIPEDDI REVATHI D/O M SAMBASIVA AGED MAJOR, OCCUPATION DOCTOR - 3 - HC-KAR NC: 2026:KHC:20969-DB WA No. 20 of 2021 PLOT NO.43, ABHYUDAYANAGAR, CHINTALKUNTA L B NAGAR HYDERABAD - 500 074. 9. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WEFLARE 105, 1ST FLOOR, SECRETARIAT BUILDING, VIKASA SOUDHA BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY 10. KARNATAKA EXAMINATION AUTHORITY SAMPANGI ROAD, 18TH CROSS, MALLESHWARAM BENGALURU - 560 012 REPRESENTEDD BY ITS SECRETARY 11. KARNATAKA MEDICAL COUNCIL 70, 2ND FLOOR, VAIDYAKEEYA BHAVAN K R ROAD, H B SAMAJA ROAD CORNER BASAVANAGUDI BENGALURU - 560 004. REPRESENTED BY ITS REGISTRAR 12. RAJIV GANDHI UNIVERSITY OF HEALTH ANS SCIENCE 4TH T BLOCK, BENGALURU - 560 041 REPRESENTED BY ITS REGISTRAR 13. MEDICAL COUNCIL OF INDIA POCKET 14, SECTOR - 8, DWARKA PHASE - 1, NEW DELHI - 110 077 REPRESENTED BY ITS SECRETARY 14. UNION MINISTER OF HEALTH AND FAMILY WELFARE GOVT. OF INDIA NEW DELHI - 110 029. 15. NATION BOARD OF EXAMINATION MEDICAL ENCLAVE, ANSARI NAGAR, RING ROAD, NEW DELHI - 110 029 REPRESENTED BY ITS REGISTRAR 16. MEDICAL COUNSELLING COMMITTEE (MCC) - 4 - HC-KAR NC: 2026:KHC:20969-DB WA No. 20 of 2021 DIRECTORATE GENERAL OF HEALTH SERVICES MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA, NIRMAN BHAVAN MOULANA AZAD ROAD NEW DELHI - 110 108 REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. I.R. BIRADAR, ADVOCATE FOR R2 to 7; SRI N. KHETTY, ADVOCATE FOR R13; SMT. NAMITHA MAHESH B.G., AGA FOR R9; R1,8,10,12 ARE SERVED AND UNREPRESENTED; SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE FOR R11; SRI H. SHANTHI BHUSHAN, DSGI FOR R-14; V/O DATED 30.9.2021 SERVICE OF NOTICE R15, AND 16 HELD SUFFICIENT) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED THE 21.10.2020 OF THE LEARNED SINGLE JUDGE IN W.P. NO. 29463/2019 ON THE FILE OF THIS HON BLE COURT AND DISMISS THE WRIT PETITION WITH COSTS. THIS APPEAL, COMING ON FOR PRELIMINARY 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. - 5 - HC-KAR NC: 2026:KHC:20969-DB WA No. 20 of 2021 2. For the reasons stated in the affidavit accompanying the application- IA No.2/2021, the same is allowed. The delay of 08 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.: 22.13