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2026 DAILYLAW 4934 (KAR)

EMPLOYEES STATE INSURANCE CORPORATION v. DR ACHALA

WA/325/2020 · 2026-04-16

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20962-DB WA No. 325 of 2020 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. 325 OF 2020 (EDN-RES) BETWEEN: 1. EMPLOYEES STATE INSURANCE CORPORATION MEDICAL DIVISION-IV HQRS OFFIC PANCHADEEP BHAVAN C I G MARG NEW DELHI-110002 REPRESENTED BY ITS DIRECTOR GENERAL 2. EMPLOYEES STATE INSURANCE CORPORATION ESIC MEDICA, DENTAL AND NURSING COLLEGE MINISTRY OF LABOUR AND EMPLOYMENT GOVT OF INDIA, RAJAJINAGAR BENGALURU-560010 REPRESENTED BY ITS DEPUTY DIRECTOR …APPELLANTS (BY SMT. GEETHA DEVI M P.,ADVOCATE) AND: 1. DR ACHALA D/O A V PRASAD AGED ABOUT 23 YEARS R/O NO.150, 2ND MAIN ROAD JUGANAHALLI 2ND BLOCK, RAJAJINAGAR BENGALURU-560010 2. DR SANJAY R GOWDA S/O RAMAKRISHNAIAH AGED ABOUT 23 YEARS Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20962-DB WA No. 325 of 2020 R/O NO.1, DEVI NILAYA 4TH MAIN, 5TH CROSS, SADASHIVANAGAR BENGALURU-560001 3. DR VAIBHAVI B SHETTY D/O BALAKRISHNA AGED ABOUT 24 YEARS R/O NO.752, 5TH MAIN RAGHAVENDRA BLOCK SRINAGAR BENGALURU-560050 4. DR SWATHI APPAJI D/O SHARANABASAPPA APPAJI AGED ABOUT 23 YEARS R/O SHANTALA APPAJI COMPLEX OLD GUNJ ROAD SADUM DIST KALBURGI-58522 5. DR PREETI R D/O RAMESH N AGED ABOUT 23 YEARS R/O NO.164 RAMAG BLOCK ONDANAHALLI NEAR NAGARJUNA COLLEGE YELAHANKA BENGALURU-560064 6. DR PRIYANKA G D/O GANGAPPA AGED ABOUT 23 YEARS R/O NO.477, 3RD C MAIN R R LAYOUT, BENGALURU-560056 7. DR SWATHI D/O KRISHNAPPA T AGED ABOUT 23 YEARS R/O THARABHALLI HOSKOTE TQ BENGALURU RURAL BENGALURU-562122 8. DR UMA MAHESHWARI S D/O SREEDHARAN AGED ABOUT 23 YEARS R/O NO.C 22, KAIGA TOWNSHIP MALLAPUR POST U K DIST-581400 - 3 - HC-KAR NC: 2026:KHC:20962-DB WA No. 325 of 2020 9. DR SHARAN THANGARAJU S/O M TANGARAJU AGED ABOUT 23 YEARS R/O NO.797, 3RD CROSS NORTH BLOCK UPAKAR LAYOUT BENGALURU-560091 10. DR ABHINAYA G D/O BHASKAR NAIDUJI AGED ABOUT 24 YEARS R/O NO.3, KRISMA HILLS 80 FEET ROAD GUBBALLALU BENGALURU-560061 11. DR ROSHAN REJI D/O REJI M T AGED ABOUT 24 YEARS R/O NO.105, 5TH CROSS RUKMININAGAR NAGASANDRA POST BENGALURU-560073 12. DR USHA B K D/O KARISIDDAPPA AGED ABOUT 24 YEARS R/O NO.17, KALPATARU NILAYA IST MAIN, SUVARNANAGAR DODDA BIDREKALLU NAGASANDRA POST BENGALURU-560073 13. DR SUPREETH PRASAD N R S/O RAJENDRA PRASAD N P AGED ABOUT 23 YEARS R/O NO.8, IST A CROSS KOTTIGE PALYA MAIN ROAD NAGASANDRA 2ND STAGE BENGALURU-560072 14. DR SHASHANK S GOYAL S/O SADARAHALLI GOYAL AGED ABOUT 24 YEARS R/O NO.2353/25, 2ND MAIN HAMPINAGAR VIJAYANAGAR BENGALURU-560104 - 4 - HC-KAR NC: 2026:KHC:20962-DB WA No. 325 of 2020 15. DR BHARATH L S/O LINGAPPA D B AGED ABOUT 23 YEARS R/O NO.27/1, 3RD CROSS, RASI BADAVANE JAIMARUTHINAGAR NANDINI LAYOUT BENGALURU-560096 16. DR MANSOOR SHAZAMAN ULLA KHAN S/O SAFEEULLA KHAN AGED ABOUT 23 YEARS R/O NO.96, OPP JAMIA MASJID CHIKKABANAVAR BENGALURU-560090 17. DR CHETHAN N S/O D NARAYAN AGED ABOUT 23 YEARS R/O MARUTHI NAGAR MULABAGALU KOLAR DIST-563131 18. DR RAHUL P KULKARNI S/O PRASAD G KULKARNI AGED ABOUT 24 YEARS R/O NO.17/B, 19TH C MAIN ROAD ST BLOCK, RAJAJINAGAR BENGALURU-560010 19. R RAMYA R BHAT D/O RAMACHANRA BHAT AGED ABOUT 24 YEARS R/O NO.68, ANUGRAHA BASAVESHWARA LAYOUT M CROSS ULLAL MAIN ROAD BENGALURU-560056 20. DR BHAVANI H G D/O GOVINDA NAYAKA AGED ABOUT 23 YEARS R/O NO.71 SARAGOORU VILLAGE NAGARLI POST NANJANAGUDU TQ - 5 - HC-KAR NC: 2026:KHC:20962-DB WA No. 325 of 2020 MYSURU-571129 21. DR K V USHA D/O VEDAMURTHY AGED ABOUT 23 YEARS R/O NO.CDA LAYOUT IIND STAGE NEAR GANAPATHI TEMPLE JYOTHINAGAN POST KALYANANAGAR CHIKKAMAGALURU-577102 22. DR DEEPIKA A D/O ADINARAYANAMURTHY G N AGED ABOUT 23 YEARS R/O NO.25 THULASI NILAYA 3RD MAIN IST CROSS, BHYRAVESHWARANAGAR NAGARABHAVI MAIN ROAD BENGALURU-560072 23. DR ASHWINI R D/O RUKMANGADA P AGED ABOUT 23 YEARS R/O NO.37, IST MAIN, IST CROSS NEAR ANJADRI APARTMENT DASANAYAKANA PALYA NARASIMHA LAYOUT BENGALURU-560022 24. DR RANJITH M S/O MOHAN T AGED ABOUT 23 YEARS R/O SOMESHWARA TEMPLE STREET VIJAYAPURA DEVENAHALLI TALUK BENGALURU RURAL DIST-562135 25. DR MANOJNA M NAYAK D/O H MANJUNATH NAYAK AGED ABOUT 23 YEARS NO.572, 5TH CROSS, RAILWAY LAYOUT, 2ND STAGE, MALLATHAHALLI ULLAL BENGALURU-560056 - 6 - HC-KAR NC: 2026:KHC:20962-DB WA No. 325 of 2020 26. R ASHWINI D D/O P A DATTATREYA SHASTRY AGED ABOUT 23 YEARS R/O NO.52, 2ND FLOOR NO.70/2 ATHREYA APARTMENT, 19TH MAIN 2ND BLOCK, RAJAJINAGAR BENGALURU-560010 27. DR ANAGHA S D/O SHASHIDHAR B S AGED ABOUT 23 YEARS R/O NO.132, 42ND CROSS, 8TH BLOCK JAYANAGAR BENGALURU-560070 28. DR SHANARABASABBA S/O MALLIKARJUNA AGED ABOUT 23 YEARS R/O NO.140, NEAR BASAVESHWARA TEMPLE, KANNEKOLURU TQ SHAHAPUR DIST YADGIR-585232 29. DR SANTOSH BENDAWADE S/O SADASHIVA AGED ABOUT 24 YEARS R/O NO.29 BENNIHALLI TQ CHAKODI DIST BELAGAVI-591226 30. DR PRIYA D/O CHANDRASHEKHAR AGED ABOUT 23 YEARS R/O NO.4-1-19, NEAR RAGHAVENDRA TEMPLE KOTIMAHAL MAIN ROAD SOLHAPUR DIST YADGIR-585224 31. DR MANDIRA SARKAR D/O BASUDEV SARKAR AGED ABOUT 24 YEARS R/O NO.305, KAVERI NILAYA 3RD MAIN, VINAYAKA NAGAR I A F POST BAGALUR CROSS YELAHANKA BENGALURU-560063 32. DR SHARATCHANDRA G R S/O RAMACHANDRAIAH B G AGED ABOUT 23 YEARS R/O NO.596, IST FLOOR 7TH MAIN,12TH CROSS - 7 - HC-KAR NC: 2026:KHC:20962-DB WA No. 325 of 2020 VINAYAKA LAYOUT NAGARABHAVI 2ND STAGE BENGALURU-560072 33. DR SANNIDHI M D/O MANJAYYA SARUGAS AGED ABOUT 24 YEARS R/O NO.312, 4TH B CROSS HRBR LAYOUT, 3RD BLOCK KALYANAGAR BENGALURU-560043 34. DR B R VAISHNAWI D/O B K RAMSMOHAN AGED ABOUT 24 YEARS R/O NO.171, BALEPET MAIN ROAD NEAR MAJESTIC BENGALURU-560053 35. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, 105, 1ST FLOOR SECRETARIAT BUILDING, VIKASA SOUDHA BENGALURU-560001 REPRESENTED BY ITS SECRETARY 36. KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BENGALURU-560012 REPRESENTED BY ITS EXECUTIVE DIRECTOR 37. KARNATAKA MEDICAL COUNCIL 70, 2ND FLOOR VAIDYAKEEYA BHAVAN K R ROAD, H B SAMAJA ROAD CORNER BASAVANAGUDI, BENGALURU-560004 REPRESENTED BY ITS REGISTRAR 38. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4TH T BLOCK BENGALURU-560041 REPRESENTED BY ITS REGISTRAR - 8 - HC-KAR NC: 2026:KHC:20962-DB WA No. 325 of 2020 39. MEDICAL COLLEGE OF INDIA POCKET 14, SECTOR 8 DWARKA PHASE-1 NEW DELHI-110077 REPRESENTED BY ITS SECRETARY 40. CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA 2 COMMUNITY CENTRE PREET VIHAR NEW DELHI-110092 41. UNION MINISTRY OF HEALTH AND FAMILY WELFARE GOVT OF INDIA NEW DELHI REPRESENTED BY ITS SECRETARY 42. THE DIRECTOR GENERAL HEALTH SERVICES GOVERNMENT OF INDIA NEW DELHI-110092 …RESPONDENTS (BY SRI. I.R. BIRADAR, ADVOCATE FOR R1; R3,7,13,16,18 AND 27 SERVICE HELD SUFFICIENT; SMT. RATNA N. SHIVAYOGIMATH ADVOCATE FOR R37; SRI N. KHETTY, ADVOCATE FOR R-39; SRI B. PRAMOD, CGC FOR R41 AND 42; V/O DATED 29.6.2021 APPEAL AGAINST R25 AND 26 DISMISSED; RESPONDENTS 2, 4 TO 6,8,10 TO 12, 14, 15, 17, 19 TO 26, 28 TO 31, 33,34, 36,38, 40 ARE SERVED AND UNREPRESENTED; V/O DATED 30..09.2021 R 9, 35 IS HELD SUFFICIENT. THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 16395/2019 DATED 25.2.2020 ON THE FILE OF THIS COURT AND DISMISS THE WRIT PETITION WITH COSTS, IN THE ENDS OF JUSTICE. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 9 - HC-KAR NC: 2026:KHC:20962-DB WA No. 325 of 2020 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. None appeared for them on the previous date of hearing as well (hearing held on 24.7.2024). 2. The issue and question 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. 3. The learned counsel for the appellants also submits that respondent Nos.25 and 26 have already paid the bond amount. A Memo dated 31.01.2026 has also been filed by the learned counsel for the appellants to the said effect. 4. In view of the above, the present Writ Appeal is allowed and the impugned order is set aside. 5. We also state that the operative directions issued in the Writ Appeal No.312 of 2020 decided on 06.04.2026 shall also be applicable in the present appeal. - 10 - HC-KAR NC: 2026:KHC:20962-DB WA No. 325 of 2020 6. All pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE tsn* List No.: 2 Sl No.:22.6