- 1 - HC-KAR NC: 2026:KHC:20986-DB WA No. 913 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. 913 OF 2023 (EDN-RES) BETWEEN: 1. EMPLOYEES STATE INSURANCE CORPORATION MEDICAL DIVISION-IV HQRS. OFFICE PANCHADEEP BHAVAN C I G MARG NEW DELHI-110002 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-560010 REP. BY ITS SECRETARY No.4 …APPELLANTS (BY SMT. GEETHA DEVI M P.,ADVOCATE) AND: 1. DR KIRAN S/O RAMASWAMY AGED ABOUT 33 YEARS R/AT NO.1-3-224 BESIDES MATHAMARI COMPLEX N R COLONY ASHRAM ROAD RAICHUR - 584143 2. DR VIVEK TIRALAPUR Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20986-DB WA No. 913 of 2023 S/O SANGAPPA AGED ABOUT 34 YEARS RESIDING AT H V KONANAVAR NO.446/A 8TH MAIN 7TH CROSS HANUMANTHNAGAR BENGALURU - 560019 3. DR CHANDRU LAMANI S/O KUBERAPPA LAMINI AGED ABOUT 33 YEARS RESIDING AT MAHANTESHNAGAR 1ST CROSS PAMPA CIRCLE MUKTIMANDIR ROAD LAKSHMESHWAR DISTRICT - GADAG - 582116 4. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE 105 1ST FLOOR SECRETARIAT BUILDING VIKASA SOUDHA BENGALURU-56001 REPRESENTED BY ITS SECRETARY 5. KARNATAKA EXAMINATION AUTHORITY SAMPANGI ROAD 18TH CROSS MALLESHWARAM BENGALURU-560012 REPRESENTED BY ITS EXECUTIVE DIRECTOR 6. KARNATAKA MEDICAL COUNCIL NO 16/6, MILLER RANK BED AREA, VASANTHNAGAR, BENGALURU - 560051 REP BY ITS REGISTRAR 7. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK BENGALURU-560041 REPRESENTED BY ITS REGISTRAR 8. UNION MINISTRY OF HEALTH AND FAMILY WELFARE GOVT. OF INDIA NEW DELHI - 3 - HC-KAR NC: 2026:KHC:20986-DB WA No. 913 of 2023 9. THE DIRECTOR GENERAL HEALTH SERVICE GOVERNMENT OF INDIA NEW DELHI …RESPONDENTS (BY SRI. BIRADAR IRAPPA RUDRAPPA.,ADVOCATE FOR R1 -3; SRI K.S. HARISH GOVERNMENT ADVOCATE FOR R4; SRI M.N.KRISHNA ADVOCATE FOR R6; R5,7,8 AND 9 SERVED AND UNREPRESENTED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED THE 03.03.2021 OF THE LEARNED SINGLE JUDGE IN WP No- 2391/2021 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 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. 2. For the reasons stated in the affidavit accompanying the application- IA No.1/2023, the same is allowed. The delay of 485 days in filing the appeal is condoned. - 4 - HC-KAR NC: 2026:KHC:20986-DB WA No. 913 of 2023 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.22.31