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2026 DAILYLAW 4973 (KAR)

EMPLOYEES STATE INSURANCE CORPORATION v. DR. AKSHATHA H

WA/469/2021 · 2026-04-16

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20974-DB WA No. 469 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. 469 OF 2021 (EDN-RES) BETWEEN: 1. EMPLOYEES STATE INSURANCE CORPORATION MEDICAL DIVISION IV, HQRS, OFFICE PANCHADEEP BHAVAN, CIG MARG, NEW DELHI - 110 002, REPRESENTED BY ITS DIRECTOR GENERAL 2. THE EMPLOYES STATE INSURANCE CORPORATION POST GRADUATE INSTITUTE OF MEDICAL SCIENCES AND RESEARCH BENGALURU, RAJAJINAGAR, BENGALURU 10, NOW REPRESENTED BY ITS DEPUTY DIRECTOR 3. THE EMPLOYEES STATE INSURANCE CORPORATION MEDICAL DIVISION IV, HQRS, OFFICE PANCHADEEP BHAVAN, CIG MARG, NEW DELHI - 110 002, REPRESENTED BY ITS DEPUTY MEDICAL COMMISSIONER (ME) …APPELLANTS (BY SMT. GEETHA DEVI M.P., ADVOCATE) AND: 1. DR. AKSHATHA H DAUGHTER OF SHOBHA NIRANJAN, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20974-DB WA No. 469 of 2021 AGED ABOUT 28 YEARS, RESIDING AT NO 143, TEJASWINI NAGAR, SOS POST, BANNERGHATTA ROAD, BENGALURU - 560 076 2. DR. ANIL KUMAR T. SON OF THIMMA NAIK, AGED ABOUT 30 YEARS, RESIDING OF HALAVUDARA HALLI, HALAVUDARA POST, CHITRADURGA TALUK AND DISTRICT - 577 541 3. DR. PREETIKA SINHA DAUGHTER OF MR RANJAN KUMAR, AGED 28 YEARS, R/AT NO 624/44, 9TH MAIN ROAD, RPC LAYOUT, VIJAYANAGAR, BENGALURU - 560 010 4. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE 105, 1ST FLOOR, SECRETARIAT BUILDING, VIKASA SOUDHA, SESHADRI ROAD, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY 5. KARNATAKA MEDICAL COUNCIL 70, 2ND FLOOR, VAIDYAKEEYA BHAVANA, K R ROAD, H B SAMAJA ROAD CORNER, BASAVANAGUDI, BENGALURU - 560 004, REPRESENTED BY ITS REGISTRAR 6. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4TH T BLOCK, JAYANAGAR, BENGALURU - 560 041, REPRESENTED BY ITS REGISTRAR 7. NATIONAL MEDICAL COMMISSION (ERSTWHILE MEDICAL COUNCIL OF INDIA) - 3 - HC-KAR NC: 2026:KHC:20974-DB WA No. 469 of 2021 POCKET-14, SECTOR 8, DWARKA, PHASE 1, NEW DELHI - 110 077, REPRESENTED BY ITS SECRETARY 8. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU - 560 012, REPRESENTED BY ITS DIRECTOR …RESPONDENTS (BY SMT. HIREMATH AKKAMAHADEVI, ADVOCATE FOR R1; SMT. RATHNA N. SHIVAYOGIMATH, ADVOCATE FOR R5; SRI. K.S. HARISH, GOVERNMENT ADVOCATE FOR R4; R2 - ANIL KUMAR T., SERVED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 08/02/2021 OF THE LEARNED SINGLE JUDGE IN WP NO.15502/2020 (EDN-RES) 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. 2. For the reasons stated in the affidavit accompanying the application- IA No.2/2021, the same is allowed. The delay of 31 days in filing the appeal is condoned. - 4 - HC-KAR NC: 2026:KHC:20974-DB WA No. 469 of 2021 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.:22.19