- 1 - HC-KAR NC: 2026:KHC:20971-DB WA No. 82 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. 82 OF 2021 (EDN-RES) BETWEEN: 1. EMPLOYEES STATE INSURANCE CORPORATION MEDICAL DIVISION-IV HEAD QUARTERS OFFICE PANCHADEEP BHAVAN C.I.G.MARG, NEW DELHI-110002 REPRESENTED BY ITS DIRECTOR GENERAL 2. THE EMPLOYEES STATE INSURANCE CORPORATION POST GRADUATE INSTITUTE OF MEDICAL, SCIENCES AND RESERRACH, BANGALORE, RAJAJINAGAR BENGALURU 560 010 REPRESENTED BY ITS DY DIRECTOR 3. EMPLOYEES STATE INSURANCE COLRPORATION MEDICAL DIVISION-IV HQRS. OFFICE, PANCHADEEP BHAVAN C.I.G.MARG, NEW DELHI-110002 REPRESENTED BY ITS DRPUTY MEDICAL COMMISSIONER (ME) …APPELLANTS (BY SMT. GEETHA DEVI M P.,ADVOCATE) AND: 1. DR D R SWATHI CARE OF NAREDNDRANATH AGED ABOUT 28 YEARS Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20971-DB WA No. 82 of 2021 R/AT 41/11E, AISHWARYA CASTLE APARTMENTS NORTH MAIN ROAD, YEDIYUR JAYANAGAR BENGALURU-560082 2. DR DHIRAV S/O DR P RAMESH AGED ABOUT 28 YEARS R/AT B.56, 3DRD MAIN BHARAT NAGAR, BEML NAGAR POST-563115, KOLAR GOLD FIELDS KARNATAKA 3. DR SHETTY SONIYA SHEKHAR C/O NARENDRANATH AGED ABOUT 28 YEARS R/AT NO.41/11E AISHWARYA CASTLE APARTMENTS NORTH MAIN ROAD YEDIYUE, JAYANAGAR BENGALURU-560082 4. DR KAVYA G D/O C.SUMAN AGED ABOUT 29 YEARS R/AT H.NO.201/47, 50TH CROSS, 17TH MAIN, 3RD BLOCK, RAJAJINAGAR BENGALURU-10 5. DR RITHVIKA WALAD D/O SHIVAPPA WALAD AGED ABOUT 28 YEARS R/AT 7TH FLOOR, GIRLS PG HOSTEL ESICMC PGIMSR, RAJAJINAGAR BENGALURU-560010 6. DR ABHILASH SHARMA K S/O GOPALAKRISHNA BHAT K - 3 - HC-KAR NC: 2026:KHC:20971-DB WA No. 82 of 2021 AGED ABOUT 27 YEARS R/AT NO.4, 6TH CROSS, ASHWATHNARAYANA LAYOUT PUTTENAHALLI, J P NAGAR 7TH PHASE, BENGALURU-560078 7. DR YASHASWINI G D/O A GANGADHAR AGED ABOUT 27 YEARS NO.701, ESI MEDICAL COLLEGE HOSTEL, RAJAJINAGAR BENGALURU-560010 8. DR SHWETHA R AGED ABOUT 29 YEARS D/O RAMAKRISHNAIAH M LNO.632/1, 8TH CROSS, BANDAPPA STREET, YESHWANTHPUR BENGALURU-560022 9. DR HARSHA R S/O RAMACHANDRA B AGED ABOUT 28 YEARS MB 109, 2ND FLOOR BEL COLONY, NAGALAND CIRCLE JALAHALI BENGALURU-560013 10. DR AYESHA D/O SYED BASHEER AHMED AGED ABOUT 29 YEARS R/AT AA602, 6TH FLOOR ALPINE BLOCK, GOLDEN GRAND APARTMENTS, YESHWANTHPUR BENGALURU-560022 - 4 - HC-KAR NC: 2026:KHC:20971-DB WA No. 82 of 2021 11. DR SIDDARAJU H S S/O SUBBEGOWDA H S AGED ABOUT 31 YEARS NO.81, 3RD CROSS, VITTAL NAGAR CHAMARAJPET BENGALURU-560018 12. DR RAGHAVENDRA C Y S/O YADUKUMAR AGED ABOUT 27 YEARS R/AT 107, BUILDING GROUND FLOOR NEAR SATYA GANAPATHI TEMPLE NETAJI BHADAVANE KHB COLONY SHIRKE APARTMENTS, KENGERI UPANAGARA, BENGALURU-560060 13. DR ANIL KUMAR M S/O MAHESH B AGED ABOUT 28 YEARS R/AT MB NO.110, 2ND FLOOR, BEL COLONY, NAGALAND CIRCLE, JALAHALLI BENGALURU-560013 14. DR KULAL SHALIWAN AGED ABOUT 31 YEARS S/O SIDRAMAPPA R/AT NO.446, 8TH MAIN 4TH BLOCK, KORAMANGALA BENGALURU-560034 15. DR DEEPIKA S P D/O PASUPATHY S AGED ABOUT 29 YEARS NO.3, INDIRA STREET, A CROSS SAMPANGI ROAD - 5 - HC-KAR NC: 2026:KHC:20971-DB WA No. 82 of 2021 M S NAGAR POST BENGALURU-560033 16. DR MALIKARUN B KALMANI S/O BHEEMARAYA AGED ABOUT 31 YEARS R/AT NO.603, ESI HOSPITAL BOYS HOSTEL, NEAR HOSPITAL, RAJAJINAGAR BENGALURU-560010 17. DR SUMAYYA SANA AGED ABOUT 28 YEARS NO.4/1, 1ST FLOOR, KHAZI STEET BASAVANAGUDI BENGALURU-560004 18. DR TEJASWINI B D/O BASAVARAJAPPA B AGED ABOUT 28 YEARS ESIC PG LADIES HOSTEL ESI MEDICAL COLLEGE RAJAJINAGAR BENGALURU-560010 19. DR MOHAMMED IBRAHIM SHARIFF S/O ZABIULLA SHERIFF AGED ABOUT 30 YEARS NO.07, 3RD CROSS, ROSHAN NAGAR DEEPANJALI NAGAR MYSORE ROAD BENGALURU-560026 20. DR BRAMHANAND A BHANGARGI AGED ABOUT 28 YEARS S/O ARJUN BHANGARGI NO.801, 8TH FLOOR - 6 - HC-KAR NC: 2026:KHC:20971-DB WA No. 82 of 2021 ESIC BOYS HOSTEL CAMPUS RAJAJINAGAR BENGALURU-560 010 21. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE 105, 1ST FLOOR, SECRETARIAT BUILDILNG, VIKASA SOUDHA, SESHADRI ROAD BENGALURU-560001 REPRESENTED BY ITS SECRETARY 22. NATIONAL MEDICAL COMMISSION (ERSTWHILE MEDICAL COUNCIL OF INDIA) POCKET 14, SECTOR 8, DWARKA, PHASE-1, NEW DELHI-110077 REPRESENTED BY ITS SECRETARY 23. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESHWARAM BENGALURU-560012 REPRESENTED BY IS DIRECTOR 24. UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NIRMAN BHAWAN, NEW DELHI REP.BY ITS SECRETARY …RESPONDENTS (BY MS. HIREMATH AKKAMAHADEVI.,ADVOCATE FOR R1, 3 TO 14, 18 TO 20; SRI N. KHETTY, ADVOCATE FOR R22; RESPONDENTS 2, 15 AND 23 SERVED AND UNREPRESENTED; SMT. NAMITHA MAHESH, B.G. AGA) FOR R21 V/O DATED 29.6.2021 APPEAL DISMISSED AGAINST R16 AND 17; SMT. SWAMINI GANESH MOHANAMBAL CGC FOR R24. - 7 - HC-KAR NC: 2026:KHC:20971-DB WA No. 82 of 2021 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED THE 16.12.2020 OF THE LEARNED SINGLE JUDGE IN W.P. NO. 14448/2020 ON THE FILE OF THIS HON BEL 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 other contesting respondents. 2. 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. 3. The learned counsel for the appellants submits that respondent Nos. 16 and 17 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. - 8 - HC-KAR NC: 2026:KHC:20971-DB WA No. 82 of 2021 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.:22.15