Employees State Insurance Corporation and Anr. Vs Dr. Rajitha K D/O K. Subbayya and Ors. — Karnataka HC (2025) — LawSathi Research

Employees State Insurance Corporation and Anr. Vs Dr. Rajitha K D/O K. Subbayya and Ors. — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief to the ESIC appellants on merits; all four writ appeals dismissed with liberty reserved to revive them subject to the result of the writ appeals pending before the Principal Bench against Shabana's case; pending I.As. disposed of as not surviving.

Issue for consideration

Whether the four writ appeals filed by the ESIC appellants under Section 4 of the Karnataka High Courts Act, 1961, seeking to set aside the Single Judge's orders and dismissal of the students' writ petitions, should succeed. +2 more

Court's answer

In view of the above, the writ appeals are dismissed accordingly.

Ratio / Principle

Since the contesting respondents (petitioners in the writ petitions) were not yet served and the 5-year term had lapsed, there was no purpose in keeping the appeals pending for an indefinite period.

Key takeaways

Liberty is reserved to the appellants to revive these appeals, subject to the result of the writ appeals pending before the Principal Bench preferred against the judgment in Shabana's case, in accordance with law, if so advised.ratio¶204
In view of disposal of the appeals, the pending interlocutory applications do not survive for consideration and stand disposed of.ratio¶206

Detailed headnote1 paragraphs

High Court of Karnataka, Kalaburagi Bench (Division Bench of Mohammad Nawaz and K S Hemalekha JJ.; oral judgment per Mohammad Nawaz J.), 19.06.2025 — Four writ appeals (W.A. Nos.200133, 200108, 200182 and 200186 of 2021) by the Employees State Insurance Corporation (Medical Division-IV, New Delhi, and ESIC Medical College & Hospital, Kalaburagi) under Section 4 of the Karnataka High Courts Act, 1961, against learned Single Judge orders (dt. 17.02.2021 and 03.09.2020) that disposed of MBBS students' petitions for release from the ESI 'Five Year Compulsory Service Bond' in terms of Shabana Salahudheen v. Union of India, W.P.Nos.29365-29368/2018 (EDN-RES), dt. 14.02.2020 — HELD: appeals dismissed; the contesting student respondents remained unserved notwithstanding a final opportunity of 11.06.2025, and the five-year bond term had lapsed, leaving no purpose in keeping the appeals pending indefinitely; liberty reserved to the appellants to revive the appeals subject to the result of the writ appeals pending before the Principal Bench against Shabana's case; pending I.As. disposed of. The substantive enforceability of the service bond was left open.

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HC-KAR

NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021

IN THE HIGH COURT OF KARNATAKA,

KALABURAGI BENCH

DATED THIS THE 19^TH DAY OF JUNE, 2025

PRESENT

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

AND

THE HON'BLE Mrs JUSTICE K S HEMALEKHA

WRIT APPEAL NO.200133 OF 2021 (EDN-RES)

C/W

WRIT APPEAL NO.200108 OF 2021

WRIT APPEAL NO.200182 OF 2021 AND WRIT APPEAL NO.200186 OF 2021

IN W.A.NO.200133/2021

BETWEEN:

Digitally signed by KHAJAAMEEN MALAGHAN Location: HIGH COURT OF KARNATAKA

EMPLOYEES STATE INSURANCE CORPORATION MEDICAL DIVISION-IV, HQRS. OFFICE, PANCHADEEP BHAVAN, C.I.G MARG, NEW DELHI-110002. REPRESENTED BY ITS, DIRECTOR GENERAL.

THE EMPLOYEES STATE INSURANCE CORPORATION MEDICAL COLLEGE AND HOSPITAL KALABURAGI, SEDAM ROAD, KALABURAGI-585106. REPRESENTED BY ITS DEAN.

…APPELLANTS

(BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE)

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AND:

POORVASHREE S D/O SHIVALINGEGOWDA H M AGED ABOUT 24 YEARS, ROOM NO.306, PRA BUILDING ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

RAKSHITH BABU R S/O RUDRAMUNI S AGED ABOUT 24 YEARS, ROOM NO.324. ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

NELUVIGI NARASIMHAMURTHY S/O N VISHWANATHA AGED ABOUT 23 YEARS, ROOM NO.320, ESI BOYS HOSTEL ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

ZULEQUA SOHARWARDI D/O SOHARWARDI MOHAMMAD AMJAD ALI AGED ABOUT 23 YEARS, E/1973, BEHIND SK YATRIK NIVAS, BESIDE MN DESAI COLLEGE GODUTAI NAGAR, NEW JEWARGI CROSS, KALABURAGI-585102.

ADITYA RUDRESH S/O M RUDRESHA, AGED ABOUT 23 YEARS, ROOM NO.624, ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS SEDAM ROAD, KALABURAGI-585106.

SHUKRUTHA Y S D/O SHANKARAIAH Y J

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AGED ABOUT 22 YEARS, ROOM NO.215, PRA BUILDING ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

HARISHIKESH K G D/O. HALASWAMY K G AGED ABOUT 24 YEARS, ROOM NO.216, ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

NAMRATA PATIL D/O NAGSHETTY A PATIL AGED ABOUT 23 YEARS, H.NO.1 1499 101, PLOT NO.263 6^TH MAIN, 60 FEET ROAD, GDA LAYOUT, CIB COLONY, BEHIND CENTRAL BUS STAND KALABURAGI-585106.

SAPTHAMI S. S D/O SADANAND S S AGED ABOUT 24 YEARS, ROOM NO.102, PRA BUILDING, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

AKARSH K R S/O RANGESH K G AGED ABOUT 23 YEARS, ROOM NO.420, ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

SHRIVATSA G K S/O. GUNDE RAO, AGED ABOUT 23 YEARS, ROOM NO.215, ESI BOYS HOSTEL, ESICMCH ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

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RAZZIYABANU J D/O MEHABOOB AGED ABOUT 23 YEARS, ROOM NO.204, PRA BUILDING, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

MUJAHED AHMED

S/O JAVID AHAMED, AGED ABOUT 23 YEARS, PLOT NO.33, 2^ND CROSS GREEN HILLS GANESH NAGAR/BARRY HILLS, RING ROAD, KALABURAGI-585106.

SUMAYYA FATIMA D/O ABDUL WAHEED, AGED ABOUT 23 YEARS, ROOM NO.110, PRA BUILDING, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

SHAGHIL AMAAN S/O MD TOUFEEQH AHMED, AGED ABOUT 24 YEARS, ROOM NO.210, ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

SCAHIN S S/O P SUBRAMANI AGED ABOUT 23 YEARS, ROOM NO.325, ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

RUCHIKA VIJAY NAIK D/O DR. VIJAY NAIK, AGED ABOUT 24 YEARS,

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ROOM NO.202, PRA BUILDING, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALBURAGI-585106.

ANUKRUTHI G D/O SUHAS G AGED ABOUT 23 YEARS, ROOM NO.302, PRA BUILDING, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

DHANASHRI D/O SANAJAY NAIK, AGED ABOUT 23 YEARS, ROOM NO.213, PRA BUILDING, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

MOHD FAISAL ZOHEB S/O MOHD KHURSHID PASHA AGED ABOUT 24 YEARS, ROOM NO.208, ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

SHRUTI PURANIK D/O LATE RAVINDRA KUMAR PURANIK AGED ABOUT 24 YEARS, MIG 19 1^ST PHASE, ADARSH NAGAR, KALABURAGI-585105.

PRARTHANA JOSHI D/O SRIKANT JOSHI, AGED ABOUT 23 YEARS, PLOT NO.100, VINAYAK, NEW JEWARGI ROAD, VTC GULBARGA KALABURAGI-585106.

KIRAN SHARANIAH HIREMATH S/O SHARNAIAH P HIREMATH AGED ABOUT 23 YEARS,

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ROOM NO.207, ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

SREEJA P

D/O RAVI KRISHNA P AGED ABOUT 24 YEARS, ROOM NO.211, PRA BUILDING, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

KOLUR GHANASHYAM S/O K MALLIKARJUNA AGED ABOUT 22 YEARS, 4-8-75/22/B SHATAVAHANA COLONY, NARAYANPET, MAHABUBNAGAR DIST: TELANGANA-509210.

VAMSHI KRISHNA E S/O OMKARAM E AGED ABOUT 23 YEARS, PRASHANT NAGAR, 21 WARD SINDHANUR TQ. RAICHUR-584128.

MANASA T M D/O T M MAHABALESHWARA SWAMY, AGED ABOUT 24 YEARS, ROOM NO.304, PRA BUILDING, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALBURAGI-585106.

VINEET V HOSALLI S/O DR.VINOD KUMAR HOSALLI, AGED ABOUT 24 YEARS, PLOT NO.17/4, NEW GHATGE LAYOUT, KALBURAGI-585103.

ABHISHEK S/O MALLIKRAJUN KUDUGUNTI, AGED ABOUT 24 YEARS,

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ROOM NO.217, ESI BOYS HOSTEL, ESICMCH, ESIC CAMPUS, SEDAM ROAD, KALABURAGI-585106.

THE STATE OF KARNATAKA DEPARTMENT OF HEALTH & FAMILY WELFARE 105, 1^ST FLOOR, SECRETARIAT BUILDING, VIKASA SOUDHA, SESHADRI ROAD, BENGALURU-560001. REPRESENTED BY ITS SECRETARY

KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18^TH CROSS, MALLESHWARM BANGALORE-560012. REPRESENTED BY ITS DIRECTOR.

KARNATAKA MEDICAL COUNCIL 70, 2^ND FLOOR, VAIDAKEEYA BHAVANA K.R. ROAD, H.B. SAMAJA ROAD CORNER, BASAVANAGUDI, BENAGLURU-560004. REPRESENTED BY ITS REGISTRAR.

RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCE, 4^TH T BLOCK, JAYANAGAR, BENGALURU-560041. REPRESENTED BY ITS REGISTRAR.

NATIONAL MEDICAL COMMISSION (ERSTWHILE MEDICAL COUNCIL OF INDIA) POCKET-14, SECTOR 8, DWARKA PHASE-1, NEW DELHI-110077. REPRESENTED BY ITS SECRETARY.

…RESPONDENTS

(BY SRI. MALLIKARJUN C. BASAREDDY, AGA FOR R30; SRI. BASAVARAJ R. MATH, ADV. FOR R31; SMT. PREETI PATIL MELKUNDI, ADV. FOR R32; SRI. R. J. BHUSARE, ADV. FOR R33; SRI. SUDHIRSINGH R. VIJAPUR, DSGI FOR R34)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURTS ACT, 1961, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE ORDER DATED 17.02.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.200349/2021 AND DISMISS THE WRIT PETITION.

IN WA NO.200108/2021

BETWEEN:

EMPLOYEES STATE INSURANCE CORPORATION MEDICAL DIVISION-IV, HEAD QUARTERS OFFICE, PANCHADEEP BHAVAN, CIG MARG, NEW DELHI-110002. REPRESENTED BY ITS DIRECTOR GENERAL

EMPLOYEES STATE INSURANCE CORPORATION MEDICAL COLLEGE AND HOSPITAL, SEDAM ROAD, KALABURAGI-585106. REPRESENTED BY ITS DEAN.

…APPELLANTS

(BY SRI.SANJEEVKUMAR C. PATIL, ADVOCATE)

AND:

DR. RAJITHA K D/O: K. SUBBAYYA AGE: 24 YEARS R/O: PLOT NO.25, VINAYAK BUILDING, NEAR KALIKA DEVI TEMPLE, JR. NAGAR, GDA LAYOUT, KALABURAGI-585106.

STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, 105, 1^ST FLOOR, SECRETARIAT BUILDING,

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VIKASASOUDHA, SESHADRI ROAD, BENGALURU-560001. REPRESNTED BY ITS SECRETARY.

KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18^TH CROSS, MALLESHWARAM, BENGALURU-560012.

KARNATAKA MEDICAL COUNCIL 70, 2^ND FLOOR, VAIDYAKEEYA BHAVANA, K.R. ROAD, H.B. SAMAJA ROAD CORNER, BASAVANAGUDI, BENGALURU-560004. REPRESENTED BY ITS REGISTRAR.

RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCES 4^TH T BLOCK, JAYANAGAR, BENGALURU-560041. REPRESENTED BY ITS REGISTRAR.

MEDICAL COUNCIL OF INDIA POCKET 14, SECTOR 8 , DWARKA, PHASE-1, NEW DELHI-110077. REPRESENTED BY ITS SECRETARY.

…RESPONDENTS

(BY SRI. MALLIKARJUN C. BASAREDDY, AGA FOR R2; SRI. BASAVARAJ R. MATH, ADV. FOR R3; SMT.PREETI PATIL MELKUNDI, ADV FOR R4; SRI. R.J.BHUSARE, ADV. FOR R5)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURTS ACT, 1961, PRAYING TO CALL FOR RECORDS AND TO SET ASIDE THE ORDER DATED 03.09.2020 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.226268/2020 AND DISMISS THE WRIT PETITION.

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IN WA NO.200182/2021 BETWEEN:

EMPLOYEES STATE INSURANCE CORPORATION MEDICAL DIVISION-IV, HEAD QUARTERS OFFICE, PANCHADEEP BHAVAN, CIG MARG, NEW DELHI-110002. REPRESENTED BY ITS DIRECTOR GENERAL

EMPLOYEES STATE INSURANCE CORPORATION MEDICAL COLLEGE AND HOSPITAL, SEDAM ROAD, KALABURAGI-585106. REPRESENTED BY ITS DEAN.

…APPELLANTS

(BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE)

AND:

MALIHA FATIMA D/O MOHAMMED ABDUL RAHEEM

AGE: 23 YEARS H.NO.7-1202/I/1, NEAR KBNCE, NEW BANK COLONY, BILALBAD, KALABURAGI-585104.

KARNATAKA.

LAXMI D KIRWADI D/O DEVENDRAPPA AGED ABOUT 25 YEARS C/O RATNAVVAK CHOUDANNANAVAR, CHIKKOUNSHI HOSUR, TQ. HANGAL, HAVERI-585104. KARNATAKA.

SIJUMON SIYAD S/O SIYAD SS AGE: 26 YEARS R/O. MVS SADANAM PUNNAPRA SOUTH P.O. ALAPPAZUHA-688004.

KERALA

UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI-110011. BY ITS SECRETARY.

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STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, 105, 1^ST FLOOR, SECRETARIAT BUILDING, VIKASASOUDHA, SESHADRI ROAD, BENGALURU-560001. REPRESENTED BY ITS SECRETARY.

KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18^TH CROSS, MALLESHWARAM, BENGALURU-560012. REPRESENTED BY ITS DIRECTOR.

KARNATAKA MEDICAL COUNCIL 70, 2^ND FLOOR, VAIDYAKEEYA BHAVANA, K.R. ROAD, H.B.SAMAJA ROAD CORNER, BASAVANAGUDI, BENGALURU-560004. REPRESENTED BY ITS REGISTRAR.

RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCES 4^TH T BLOCK, JAYANAGAR, BENGALURU-560041. REPRESENTED BY ITS REGISTRAR.

MEDICAL COUNCIL OF INDIA POCKET 14, SECTOR 8, DWARKA, PHASE-1, NEW DELHI-110077. REPRESENTED BY ITS SECRETARY.

…RESPONDENTS

(BY SRI.MALLIKARJUN C. BASAREDDY, AGA FOR R5; SRI.SUDHIRSINGH R. VIJAPUR, DSGI FOR R4 AND R9; SRI. BASAVARAJ R. MATH, ADV. FOR R6; SMT. PREETI PATIL MELKUNDI, ADV. FOR R7; SRI. R. J. BHUSARE, ADV. FOR R8)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURTS ACT, 1961, PRAYING TO CALL FOR RECORDS AND TO SET ASIDE THE ORDER DATED 03.09.2020 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.226188/2020 AND DISMISS THE WRIT PETITION.

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IN W.A.NO.200186/2021

BETWEEN:

EMPLOYEES STATE INSURANCE CORPORATION MEDICAL DIVISION-IV, HEADQUARTERS OFFICE, PANCHADEEP BHAVAN, CIG MARG, NEW DELHI-110002. REPRESENTED BY ITS DIRECTOR GENERAL

EMPLOYEES STATE INSURANCE CORPORATION MEDICAL COLLEGE AND HOSPITAL, SEDAM ROAD, KALABURAGI-585106. REPRESENTED BY ITS DEAN.

…APPELLANTS

(BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE)

AND:

BIRAJDAR AMAR SANJEEV S/O SANJEEV BIRAJDAR AGE 24 YEARS, #20, AT YALWANTHI (B) POST KUMSI, TQ. KALABURAGI DIST. KALABURAGI-585104.

MAHESH K J S/O KALYANRAO D JEEVANAGIKAR AGE: 24 YEARS, PLOT NO.88/1, MAKA LAYOUT, JEWARGI COLONY KALABURAGI-585102.

SWATI Y P D/O YELLAPPA PUJARI AGE: 25 YEARS, PLOT NO.6, LAKSHMI NAGAR, NEAR M.B NAGAR POLICE STATION KALBURAGI-585106.

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NITIN M BOTHGI S/O MALLAPPA BOTHGI AGE: 24 YEARS, PLOT NO.60, BASAVAKRUPA KUVEMPU NAGAR, BEHIND KBN HOSPITAL KALABURAGI-585102.

G. NIKETH S/O AJAYKUMAR GUDUDUR AGE: 24 YEARS, H.NO.1-4/3B, BEHIND KSRTC GUEST HOUSE, KHUBA PLOT KALABURAGI-585102.

AGNIVESH VAIDYA S/O SHIVARAJ VAIDYA AGE: 24 YEARS, H.NO.MIG-197, NAUBAD BIDAR-585402. PRESENTLY C/O ESIC NEW BOYS HOSTEL ESIC MEDICAL COLLEGE SEDAM ROAD, KALABURAGI-585106.

VEERESH K HIREMATH S/O KALLAYYA P HIREMATH AGE:24 YEARS, H.NO.4 NEAR GOVT SCHOOL, HOLE HANGARAGI VIJAYAPURA-586201. PRESENTLY C/O ESIC NEW BOYS HOSTEL ESIC MEDICAL COLLEGE SEDAM ROAD, KALABURAGI-585106.

POOJA B.R. D/O RAMESH S AGE 24 YEARS, BYALAHALLI, POST KAMADENHALLI TQ. KOLAR, KOLAR-583101. PRESENTLY C/O ESIC NEW BOYS HOSTEL ESIC MEDICAL COLLEGE SEDAM ROAD, KALABURAGI-585106.

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SHAHZIYA D/O ABDUL RASHEED, AGE:24 YEARS, H.NO.2-5-46/8/1 KODALAR TIPPU SULTAN ROAD, RAICHUR-584101. PRESENTLY C/O ESIC NEW BOYS HOSTEL ESIC MEDICAL COLLEGE, SEDAM ROAD, KALABURAGI-585106.

POOJA PATIL D/O BAJIRAO PATIL AGE:25 YEARS, H.NO.8-11, OPP. GOVT HOSPITAL TEHSIL ROAD, AURAD (B) BIDAR-585326. PRESENTLY C/O ESIC NEW BOYS HOSTEL ESIC MEDICAL COLLEGE, SEDAM ROAD KALABURAGI-585106.

ARUNKUMAR YALGI S/O CHIDANAND S YALGI AGE: 24 YEARS, E55 SBC CAMP KEMBHAVI TQ. SHORAPUR, YADGIR-585201. PRESENTLY C/O ESIC NEW BOYS HOSTEL ESIC MEDICAL COLLEGE, SEDAM ROAD KALABURAGI-585106.

MANIKANTH R S/O RAMESH B K AGE:26 YEARS, BESIDE RAGHU MILK CENTRE, KARENAHALLI DODDABALLAPUR, BANGALORE RURAL-561203. PRESENTLY C/O ESIC NEW BOYS HOSTEL ESIC MEDICAL COLLEGE, SEDAM ROAD KALABURAGI-585106.

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THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE 105, 1^ST FLOOR, SECRETARIAT BUILDING, VIKASA SOUDHA, SESHADRI ROAD, BENGALURU-560001. REPRESENTED BY ITS DIRECTOR.

KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18^TH CROSS, MALLESHWARM, BANGALORE-560012. REPRESENTED BY ITS DIRECTOR

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4^TH T BLOCK JAYANAGAR, BENGALURU-560041. REPRESENTED BY ITS REGISTRAR

THE MEDICAL COUNCIL OF INDIA POCKET 14, SECTOR 8 DWARAKA PHASE-1 NEW DELHI-110077. REP. BY ITS SECRETARY.

UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAWAN, NEW DELHI-110011. REPRESENTED BY ITS SECRETARY

…RESPONDENTS

(BY SRI. MALLIKARJUN C. BASAREDDY, AGA FOR R13; SRI. BASAVARAJ R. MATH, ADV. FOR R14; SRI. R.J.BHUSARE, ADV. FOR R15; SRI. N. KHETTY, ADV. FOR R16; SRI. SUDHIRSING R. VIJAPUR, DSGI. FOR R17)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURTS ACT, 1961, PRAYING TO CALL FOR RECORDS AND TO SET ASIDE THE ORDER DATED 03.09.2020 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.226229/2020 AND DISMISS THE WRIT PETITION. THESE APPEALS ARE COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

AND

HON'BLE MRS. JUSTICE K S HEMALEKHA

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)

These appeals are preferred against the orders passed by the learned Single Judge in Writ Petitions No.200349/2021, 226268/2020, 226188/2020 and 226229/2020, which were disposed of, in terms of the judgment in the case of Shabana Salahudheen and others v. Union of India and others, in W.P.Nos.29365-29368/2018 (EDN-RES) dated

14.02.2020.

The operative portion of the judgment in

Shabana’s case reads as under:-

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HC-KAR

“In the above circumstances, these writ petitions succeed; a Writ of Certiorari issues quashing the impugned orders; a Writ of Mandamus issues restraining the respondent – ESI Corpn and its colleges from enforcing against the petitioners the Five Year Compulsory Service Bond for any period; the respondent Corporation and their colleges are directed to relieve the petitioners from the obligation of compulsory service unconditionally, and to issue Orders / Endorsements to that effect; no liability or the like shall be fastened on the petitioners or their parents on account of the service bonds in question.”

The contention of the respective petitioners / students in the writ petitions was that, respondents No.3 and 4 have no legal basis to insist upon them to compulsorily serve for a period of 05 years on completion of their MBBS Degree at respondent No.3 - College and to relieve them from the service under bonds which they have been serving in the ESI Hospital etc.,

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NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021

HC-KAR

It is not in dispute that 05 years term has been lapsed. Though, the writ appeals are filed in the year 2020, as on today the students namely the contesting respondents, against whom the relief is sought are not served.

The learned counsel appearing for the appellants would submit that against the judgment in Shabana’s case, appeals are pending before the Division Bench of the Principal Bench. However, there is no any interim order passed in the writ appeals.

Since, the contesting respondents namely the

petitioners in the writ petitions are not yet served and 5 year term has been lapsed, there is no purpose in keeping the appeals pending for an indefinite period.

This Court on 11.06.2025 finally granted a week’s time to serve the notice on un-served respondents, observing that failing which, the appeals shall be listed for dismissal.

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NC: 2025:KHC-K:3236-DB W.A.No.200133 of 2021 C/W W.A.No.200108 of 2021 W.A.No.200182 of 2021 and W.A.No.200186/2021

HC-KAR

In view of the above, Writ appeals are

dismissed accordingly, reserving liberty to the appellants to revive these appeals, subject to the result of the writ appeals which are pending before the Principal Bench,

preferred against the judgment passed in Shabana’s case, in accordance with law, if so advised.

In view of disposal of the appeals, pending I.As.

do not survive for consideration, hence, they are disposed

of.

Sd/(MOHAMMAD NAWAZ) JUDGE

Sd/(K S HEMALEKHA) JUDGE

KJJ List No.: 1 Sl No.: 3 CT:JLR

Procedural history

How this case reached the court

AI extract

Order under challenge
Orders passed by the learned Single Judge disposing of W.P. No.200349/2021 (order dated 17.02.2021) and W.P. Nos.226268/2020, 226188/2020 and 226229/2020 (orders dated 03.09.2020), in each case in terms of the judgment in Shabana Salahudheen v. Union of India; the appellants sought their setting aside and dismissal of the writ petitions.¶86
Learned Single Judge (High Court of Karnataka) · 17.02.2021 (W.P. No.200349/2021); 03.09.2020 (W.P. Nos.226268/2020, 226188/2020, 226229/2020)
Prior proceeding
By orders dated 17.02.2021 and 03.09.2020, the learned Single Judge disposed of the four writ petitions in terms of the judgment in Shabana Salahudheen and others v. Union of India and others, W.P.Nos.29365-29368/2018 (EDN-RES), dated 14.02.2020.¶182
Prior proceeding
Operative portion of Shabana's judgment (as reproduced by this Court): the writ petitions succeeded; certiorari issued quashing the impugned orders; mandamus restrained the ESI Corporation and its colleges from enforcing the Five Year Compulsory Service Bond; the petitioners were to be relieved from compulsory service unconditionally with no liability on them or their parents.¶189
Prior proceeding
Contention of the students in the writ petitions below was that Respondents 3 and 4 had no legal basis to insist on five years' compulsory service on completion of the MBBS degree at Respondent 3 college.¶190
Prior proceeding
Although the writ appeals were filed in 2020, the contesting student respondents had still not been served, and the five-year bond term stood lapsed.¶194
Prior proceeding
Per learned counsel for the appellants, writ appeals against Shabana's case are pending before the Division Bench of the Principal Bench, with no interim order passed therein.¶195
Prior proceeding
On 11.06.2025 this Court finally granted one week to serve notice on the un-served respondents, observing that failing which the appeals would be listed for dismissal.¶198