EMPLOYEES STATE INSURANCE CORPORATION v. DR MANDIRA SARKAR
WA/373/2020 · 2026-04-16
C M Poonacha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9663 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9663 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:20965-DB WA No. 373 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. 373 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 PGIMSR, RAJAJINAGAR BENGALURU REPRESENTED BY ITS DEPUTY DIRECTOR …APPELLANTS (BY SMT. GEETHA DEVI M.P., ADVOCATE) AND:
1. DR. MANDIRA SARKAR D/O. BASUDEV SARKAR AGED ABOUT 25 YEARS R/AT NO.305, CAUVERY NILAYA, 3RD MAIN, VINAYAKA NAGAR IAF POST, BAGALUR CROSS, YELAHANKA, BENGALURU - 560 063
Digitally signed by NIRMALA DEVI Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:20965-DB WA No. 373 of 2020
2. DR. VAIBHAVI B. SHETTY D/O. BALAKRISHNA SHETTY AGED ABOUT 25 YEARS R/AT FLAT NO.207, 2ND FLOOR, PARAS GLOBAL KUTIR, OPP. GLOBAL VILLAGE TECH PARK, PATTANAGERE, RAJARAJESHWARI NAGAR BENGALURU - 560 059
3. DR UMA MAHESHWARI S D/O K SRIDHARAN, AGED ABOUT 24 YEARS R/AT NO.C-221, KAIGA TOWNSHIP, UTTARA KANNADA DISTRICT - 581 400
4. DR BHAVANI H.G.
D/O GOVINDANAYAKA AGED ABOUT 24 YEARS R/AT NO.71, SARAGOORU VILLAGE, NAGARALE POST, NANJANAGUDU TALUK, MYSURU - 571 129
5. DR K.V. USHA D/O K.P. VEDAMURTHY AGED ABOUT 24 YEARS R/AT CDA LAYOUT, 2ND STAGE, NEAR GANAPATHI TEMPLE, JYOTHINAGAN POST, KALYANANAGAR, CHIKKAMAGALURU - 577 102
6. DR SANNIDHI M D/O MANJAYYASHERUGAR AGED ABOUT 25 YEARS R/AT NO.312, 4TH CROSS,
- 3 -
HC-KAR NC: 2026:KHC:20965-DB WA No. 373 of 2020
HRBR LAYOUT, 3RD BLOCK, KALYANAGAR, BENGALURU - 560 043
7. DR. SUPREETH PRASAD N R S/O RAJENDRA PRASAD N P AGED ABOUT 24 YEARS R/AT NO.8, 1 A CROSS, KOTTIGEPALYA MAIN ROAD, NAGASANDRA 2ND STAGE, BENGALURU - 560 072
8. DR SHASHANK S GOPALA S/O S.K. GOPAL, AGED ABOUT 25 YEARS R/AT NO.2353/25, 2ND MAIN, HAMPINAGAR, VIJAYANAGAR, BENGALURU-560104
9. DR SANJAY R GOWDA S/O RAMAKRISHNAIAH AGED ABOUT 24 YEARS R/AT NO.1, DEVI NILAYA, 4TH MAIN, 5TH CROSS, SADASHIVANAGAR, BENGALURU - 560 001
10. DR. PRIYANKA G.
D/O GANGAPPA AGED ABOUT 24 YEARS R/AT NO.477, 3RD C MAIN, R.R. LAYOUT, BENGALURU - 560 056
11.
DR SWATHI K D/O KRISHNAPPA T P
- 4 -
HC-KAR NC: 2026:KHC:20965-DB WA No. 373 of 2020
AGED ABOUT 24 YEARS R/AT THARABHALLI, HOSKOTE, BENGALURU RURAL, BENGALURU - 562 122
12. DR ROSHAN REJI D/O REJI M.T.
AGED ABOUT 25 YEARS R/AT NO.105, 5TH CROSS, RUKMININAGAR, NAGASANDRA POST, BENGALURU - 560 073
13. DR USHA B K D/O A M KARISIDDAPA AGED ABOUT 25 YEARS R/AT NO.17, KALPATARU NILAYA, 1ST MAIN, SUVARNANAGAR, DODDABIDREKALLU, NAGASANDRA POST, BENGALURU - 560 073
14. DR SWATHI APPAJI D/O SHARANABASAPPA APPAJI AGED ABOUT 24 YEARS R/AT SHANTALA APPAJI COMPLEX, OLD GUNJ ROAD, SEDUM, DISTRCIT KALABURGI - 585 222
15. DR BHARATH L.
S/O LINGAPPA D B AGED ABOUT 24 YEARS R/AT NO.27/1, 3RD CROSS, RASIBADAVANE, JAIMARUTHINAGAR, BENGALURU - 560 096
- 5 -
HC-KAR NC: 2026:KHC:20965-DB WA No. 373 of 2020
16. DR MANSOOR SHAZAMAN ULLA KHAN S/O SAFEEULLA KHAN M.
AGED ABOUT 24 YEARS R/AT NO.96, OPP. JAMIA MASJID, CHIKKABANAVAR, BENGALURU - 560 090
17. DR. CHETHAN N.
S/O NARAYANAPPA D AGED ABOUT 24 YEARS R/AT MARUTHINAGAR MULABAGALU, KOLAR DISTRICT - 563 131
18. DR RAHUL P KULKARNI S/O PRASAD G KULKARNI AGED ABOUT 25 YEARS R/AT NO.17/B, 19TH 'C' MAIN ROAD, 1ST BLOCK, RAJAJINAGAR, BENGALURU - 560 010
19. DR RAMYA R BHAT D/O RAMACHANDRA BHAT AGED ABOUT 25 YEARS R/AT NO.68, ANUGRAHA, BASAVESHWARA LAYOUT, M-CROSS, ULLAL MAIN ROAD, BENGALURU - 560 056
20. DR DEEPIKA A D/O ADINARAYAN MURTHY G N AGED ABOUT 24 YEARS R/AT NO.25, THULASI NILAYA, 3RD MAIN, 1ST CROSS, BHYRAVESHWARANAGAR, NAGARABHAVI MAIN ROAD,
- 6 -
HC-KAR NC: 2026:KHC:20965-DB WA No. 373 of 2020
BENGALURU - 560 072
21. DR RAJNITH M S/O MOHAN P AGED ABOUT 24 YEARS R/AT SOMESHWARA TEMPLE STREET, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 135
22. DR ANAGHA S D/O SHASHIDHARA B S AGED ABOUT 24 YEARS R/AT NO.132, 42ND CROSS, 8TH BLOCK, JAYANAGAR, BENGALURU - 560 070
23.
DR SANTHOSH BENDAWADE S/O SADASHIV AGED ABOUT 25 YEARS R/AT NO.29, BENNIHALLI, TALUK CHAKODI, DISTRICT BELAGAVI - 591 226
24. DR PRIYA D/O CHANDRASHEKHAR AGED ABOUT 25 YEARS R/AT NO.4-1-19, NEAR RAGHAVENDRA TEMPLE, KOTIMAHAL MAIN ROAD, SHORAPURA, DISTRICT YADGIR - 585 224
25. DR B.R. VAISHNAVI D/O B K RAMMOHAN AGED ABOUT 24 YEARS R/AT NO.171, BALEPET MAIN ROAD, NEAR MAJESTIC
- 7 -
HC-KAR NC: 2026:KHC:20965-DB WA No. 373 of 2020
BENGALURU - 560 053
26. 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
27. KARNATAKA EXAMINATION AUTHORITY SAMIPGE ROAD, 18TH CROSS, MALLESHWARAM BENGALURU - 560 012
28. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4TH T BLOCK, JAYANAGAR, BENGALURU 560 041 REPRESENTED BY ITS REGISTRAR
29. MEDICAL COUNCIL OF INDIA POCKET 14, SECTOR-8, DWARKA, PHASE-1, NEW DELHI-110077, REPRESENTED BY ITS SECRETARY …RESPONDENTS
(BY MS. AKKAMAHADEVI HIREMATH, ADVOCATE FOR R2,3,7,11 & 16;
SRI. ANOOP HARANAHALLI, ADVOCATE FOR R7;
SRI. N. KHETTY, ADVOCATE FOR R-29;
VIDE ORDER DATED 30.09.2021, SERVICE OF NOTICE TO R-18 IS HELD SUFFICIENT RESPONDENTS No.1, 4 TO 6, 8 TO 10, 12 TO 15, 17, 19 TO 25 AND 27, 28 ARE SERVED AND UNREPRESENTED SRI. K.S. HARISH, G.A. FOR R-26)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
- 8 -
HC-KAR NC: 2026:KHC:20965-DB WA No. 373 of 2020
24/04/2020 THE LEARNED SINGLE JUDGE IN WP NO.6697/2020 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. Respondent Nos. 2,3,7,11 and 16 are represented by the counsel. 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.
In view of the above, the present Writ Appeal is allowed and the impugned order is set aside. 4. 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. - 9 -
HC-KAR NC: 2026:KHC:20965-DB WA No. 373 of 2020
5. All pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C.M. POONACHA) JUDGE
tsn* List No.: 2 Sl No.: 22.9