- 1 - HC-KAR NC: 2026:KHC:20975-DB WA No. 68 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. 68 OF 2023 (EDN-RES) BETWEEN: 1. EMPLOYEES STATE INSURANCE CORPORATION MEDICAL DIVISION IV HQRS OFFICE PANCHADEEP BHAVAN CIG MARG NEW DELHI 110002 REP BY ITS DIRECTOR GENERAL 2. THE EMPLOYEES STATE INSURANCE CORPORATION POST GRADUATE INSTITUTE OF MEDICAL SCIENCES AND RESEARCH BENGALURU RAJAJINAGAR BENGALURU 10 REP BY ITS DIRECTOR (WRONGY DESCRIBED IN WP AS ESIC MEDIAL DENTAL AND NURSING COLLEGE MINISTY OF LABOUR AND EMPLOYMENT GOVT OF INDIA RAJAJINAGAR BANGALORE 560010) …APPELLANTS (BY SMT. GEETHA DEVI M.P., ADVOCATE) AND: 1. DR DILEEP KHUBYA S/O K GANGA NAIK Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20975-DB WA No. 68 of 2023 AGED ABOUT 33 YEARS R/AT No.189, 4TH MAIN VYYALIKAVAL LAYOUT NEAR GKW LAYOUT VIJAYANAGAR BENGALURU - 560 040 2. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE 105, 1ST FLOOR SECRETARIAT BUILDING VIKASA SOUDHA SESHADRI ROAD BENGALURU - 560 001 REP BY ITS SECRETARY 3. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD 18TH CROSS MALLESHWARAM BENGALURU - 560 012 REP. BY ITS DIRECTOR 4. KARNATAKA MEDICAL COUNCIL 70, 2ND FLOOR VAIDYAKEEYA BHAVANA K R ROAD H B SAMAJA ROAD CORNER BASAVANAGUDI REP BY ITS REGISTRAR 5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4TH T BLOCK JAYANAGAR BENGALURU - 560 041 REP BY ITS REGISTRAR …RESPONDENTS (BY SMT. NAMITHA MAHESH B.G., AGA FOR R2; SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE FOR R4; R1, R3, R5 ARE SERVED AND UNREPRESENTED) - 3 - HC-KAR NC: 2026:KHC:20975-DB WA No. 68 of 2023 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED THE 18.10.2022 OF THE LEARNED SINGLE JUDGE IN WP No- 8433/2022 (EDN-RES) ON THE FILE OF THIS HONBLE COURT AND DISMISS THE WP WITH COSTS IN THE ENDS OF JUSTICE. 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 33 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. - 4 - HC-KAR NC: 2026:KHC:20975-DB WA No. 68 of 2023 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.: 22.20