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2026 DAILYLAW 4979 (KAR)

EMPLOYEES STATE INSURANCE CORPORATION v. DR MOHD FAHAD KHAN

WA/374/2020 · 2026-04-16

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20966-DB WA No. 374 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. 374 OF 2020 (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 MEDICAL COLLEGE AND HOSPITAL, RAJAJINAGAR, BENGALURU REPRESENTED BY ITS DEAN …APPELLANTS (BY SMT. GEETHA DEVI M.P., ADVOCATE) AND: 1. DR. MOHD FAHAD KHAN SON OF ABDUL MATEEN KHAN, RESIDING OF 595/KA, WARD NO.18, CIVIL LINES, RAEBARELI, UTTAR PRADESH - 229 001 2. DR. AVINASH M.M. AGED ABOUT 24 YEARS, SON OF MANJUNATHAIAH, RESIDING OF NAGARAMGERE POST, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20966-DB WA No. 374 of 2020 CHALLAKERE TALUK, CHITRADURGA - 577 522 3. DR. PRATHIBHA AGED ABOUT 26 YEARS, DAUGHTER OF VASUDEVA MURTHY B, RESIDING AT NO.5, KAMADHENU, KONANAKUNTE CROSS, CANARA BANK ROAD, KANAKAPURA MAIN ROAD, BENGALURU - 560 062 4. DR. BINDUSAR HOSAMANI, AGED ABOUT 27 YEARS, DAUGHTER OF GURUSHANTAPPA HOSAMANI, RESIDING AT 2-910/48/49, NEAR COMMITTEE HALL, RAJAPUR, GULBARGA - 586 105 5. DR. KEERTHIKA SONI AGED ABOUT 26 YEARS, DAUGHER OF D.K. SONI, RESIDING AT B-4/4, MALANJKHAND, DISTRICT BALAGHAT - 481 001, MADHYA PRADESH STATE. 6. DR. SUMITA SARAOJ AGED ABOUT 26 YEARS, DAUGHTER OF RAM ADHAR, RESIDNG AT B-2, DHANLAXMI APARTMENT, AMBEDKAR ROAD, DEHU ROAD, PUNE - 412 101, MAHARASHTRA STATE 7. DR. SHANTHA M. AGED ABOUT 25 YEARS, DAUGHTER OF V.S. MOHAN D.NO.15, 4TH CROSS, OUTER CIRCLE, WHITEFIELD, - 3 - HC-KAR NC: 2026:KHC:20966-DB WA No. 374 of 2020 BENGALURU - 560 066 8. DR. VAISHNAVI S. AGED ABOUT 25 YEARS, DAUGHTER OF SUDHAKAR R, RESIDING AT PHC, ANNEXE, 41ST CROSS, 9TH MAIN, 3RD BLOCK, RAJAJINAGAR, BENGALURU - 560 010 9. DR. AISHWARYA MANOJ V. AGED ABOUT 24 YEARS, DAUGHTER OF MANOJ KUMAR, RESIDING OF CHITHRAKAM (H) 2/253A1, PEOPLES ROAD, KARAPARAMBA P.O., DISTRICT KOXHIKODE, KERALA - 673 010 10. DR. ABHISHEK P.M. AGED ABOUT 24 YEARS, SON OF UNNIKRISHNAN NAIR P M, RESIDENT OF PURATHANAMANNIL (HOUSE) CHATHAMANGALAM P O, NIT, KOXHIKODE - 673 601, KERALA 11. DR. TARA AJIAI AGED ABOUT 24 YEARS, DAUGHTER OF R AJAYADAS, RESIDING OF PUTHANKAVU, ANDHAKARANAZHI P O CHERTHALA, ALPPUZHA, KERALA - 688 531 12. NIYANTHRI R AGED ABOUT 24 YEARS, DAUGHTER OF N RAJESWARAN, No.36, 3RD CROSS, VINAYAKA LAYOUT, MARTHAHALLI, BENGALURU - 560 037 - 4 - HC-KAR NC: 2026:KHC:20966-DB WA No. 374 of 2020 13. PRIYANKA B S AGED ABOUT 24 YEARS, DAUGHTER OF A G SHIVANNA, RESIDING OF NO 42, LIG, KHB COLONY, I STAGE, 6TH A MAIN, BENGALURU - 560 079 14. UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAWAN, NEW DELHI - 110 011, BY ITS SECRETARY 15. 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 16. KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU - 560 012, REPRESENTED BY ITS DIRECTOR 17. KARNATAKA MEDICAL COUNCIL 70, 2ND FLOOR, VAIDYAKEEYA BHAVANA, K R ROAD, H B SAMAJA ROAD, CORNER, BASAVANAGUDI, BENGALURU - 560 004, REPRESENTED BY ITS REGISTRAR 18. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4TH T BLOCK, JAYANAGAR, BENGALURU - 560 041, REPRESENTED BY ITS REGISTRAR - 5 - HC-KAR NC: 2026:KHC:20966-DB WA No. 374 of 2020 19. MEDICAL COUNCIL OF INDIA POCKET 14, SECTOR 8, DWARKA, PHASE 1, NEW DELHI - 110 077, REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY MS. AKKAMAHADEVI HIREMATH, ADVOCATE FOR R1 TO R13; SRI. K.N. KRISHNA RAO, CGC FOR R14; SMT. NAMITHA MAHESH B.G., AGA FOR R15; VIDE ORDER DATED 29.06.2021, APPEAL DISMISSED AGAINST R16 TO R18; SRI. N. KHETTY, ADVOCATE FOR R19) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 24/04/2020 THE LEARNED SINGLE JUDGE IN WP NO.6704/2020 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. The learned counsel for the parties submit that the issue involved in the present appeal is squarely covered by the decision - 6 - HC-KAR NC: 2026:KHC:20966-DB WA No. 374 of 2020 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.1, 2, 4 to 8 and 11 (Writ petition Nos. 1,2,4 to 8 and 11) have already deposited the bond amount. A memo dated 31.5.2021 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 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.: 22.10