Dismissed¶203

Employees State Insurance Corporation and Anr. v. Maliha Fatima D/O Mohammed Abdul Raheem and Ors.

Karnataka HC19 Jun 2025WA/200182/2021

Case brief

AI extract

What is this about?

ESIC five-year compulsory service bond MBBS Kalaburagi; writ appeals dismissed for non-service of contesting student-respondents; bond term lapsed; liberty to revive subject to Principal Bench writ appeals; Shabana Salahudheen v. Union of India, W.P.Nos.29365-29368/2018 (EDN-RES), 14.02.2020; Section 4 Karnataka High Courts Act 1961; Karnataka High Court Kalaburagi Bench; decided 19-06-2025; Mohammad Nawaz J; K S Hemalekha J; W.A.No.200133/2021 c/w W.A.Nos.200108, 200182, 200186/2021.

What did the court decide?

Writ appeals dismissed; liberty reserved to the appellants to revive the appeals subject to the result of the writ appeals pending before the Principal Bench against the judgment in Shabana's case; pending I.As. disposed of. ¶203

Employees State Insurance Corporation and Anr. Vs Maliha Fatima D/O Mohammed Abdul Raheem and Ors. — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶203

Issue for consideration

Whether the ESI Corporation and its college had any legal basis to insist upon the student-writ-petitioners compulsorily serving for five years on completion of their MBBS Degree under the service bonds (contention of the writ petitioners, underlying these appeals). +1 more

¶190

Ratio / Principle

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

¶197

Key takeaways

The writ appeals are dismissed, reserving liberty 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¶203
In view of the disposal of the appeals, the pending interlocutory applications do not survive for consideration and are disposed of.ratio¶206

Detailed headnote1 paragraphs

Karnataka High Court, Kalaburagi Bench (Division Bench: Mohammad Nawaz & K S Hemalekha, JJ.; judgment authored by Mohammad Nawaz J) — Writ Appeals Nos.200133, 200108, 200182 and 200186 of 2021 (EDN-RES), under Section 4 of the Karnataka High Courts Act, 1961, by the Employees State Insurance Corporation (Medical Division-IV, New Delhi, and its Medical College and Hospital, Kalaburagi) against learned Single Judge orders dated 17.02.2021 (W.P.No.200349/2021) and 03.09.2020 (W.P.Nos.226268/2020, 226188/2020, 226229/2020), whereby the students' writ petitions had been disposed of in terms of Shabana Salahudheen v. Union of India (W.P.Nos.29365-29368/2018 (EDN-RES), decided 14.02.2020) — under which a mandamus issued restraining the ESI Corporation and its colleges from enforcing the Five Year Compulsory Service Bond against the MBBS students. HELD: appeals dismissed. The contesting student-respondents remained unserved despite a final opportunity granted on 11.06.2025 (one week to serve notice, failing which the appeals were to be listed for dismissal), the five-year bond term had admittedly lapsed, and there was therefore no purpose in keeping the appeals pending indefinitely. Liberty was reserved to the appellants to revive the appeals, subject to the result of the writ appeals pending (without interim order) before the Division Bench of the Principal Bench against the Shabana judgment; pending I.As. stood disposed of. The Court did not adjudicate the enforceability of the compulsory service bond on merits.

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HC-KAR

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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

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 19^TH DAY OF JUNE, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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AND

¶10

THE HON'BLE Mrs JUSTICE K S HEMALEKHA

¶11

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

¶12

C/W

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WRIT APPEAL NO.200108 OF 2021

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

¶15

IN W.A.NO.200133/2021

¶16

BETWEEN:

¶17

Digitally signed by KHAJAAMEEN MALAGHAN Location: HIGH COURT OF KARNATAKA

¶18

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

¶19

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

¶20

…APPELLANTS

¶21

(BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE)

¶22

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HC-KAR

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AND:

¶26

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

¶27

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

¶28

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

¶29

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.

¶30

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

¶31

SHUKRUTHA Y S D/O SHANKARAIAH Y J

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HC-KAR

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

¶36

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.

¶37

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.

¶38

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

¶39

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.

¶40

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

¶41

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HC-KAR

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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.

¶45

MUJAHED AHMED

¶46

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

¶47

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

¶48

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

¶49

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

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

¶51

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HC-KAR

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

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

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

¶57

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.

¶58

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

¶59

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

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

¶61

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HC-KAR

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

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SREEJA P

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

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

¶68

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

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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.

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

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

¶72

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HC-KAR

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

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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

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

¶78

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

¶79

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

¶80

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

¶81

…RESPONDENTS

¶82

(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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HC-KAR

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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.

¶87

IN WA NO.200108/2021

¶88

BETWEEN:

¶89

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

¶90

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

¶91

…APPELLANTS

¶92

(BY SRI.SANJEEVKUMAR C. PATIL, ADVOCATE)

¶93

AND:

¶94

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.

¶95

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

¶96

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¶98

HC-KAR

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

¶100

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

¶101

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

¶102

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

¶103

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

¶104

…RESPONDENTS

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(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)

¶106

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

¶107

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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HC-KAR

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IN WA NO.200182/2021 BETWEEN:

¶112

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

¶113

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

¶114

…APPELLANTS

¶115

(BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE)

¶116

AND:

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MALIHA FATIMA D/O MOHAMMED ABDUL RAHEEM

¶118

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

¶119

KARNATAKA.

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

¶121

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

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KERALA

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

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HC-KAR

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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.

¶128

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

¶129

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

¶130

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

¶131

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

¶132

…RESPONDENTS

¶133

(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)

¶134

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.

¶135

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HC-KAR

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IN W.A.NO.200186/2021

¶139

BETWEEN:

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

¶141

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

¶142

…APPELLANTS

¶143

(BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE)

¶144

AND:

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

¶146

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

¶147

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

¶148

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HC-KAR

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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.

¶152

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

¶153

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.

¶154

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.

¶155

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.

¶156

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HC-KAR

¶159

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.

¶160

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.

¶161

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.

¶162

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.

¶163

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HC-KAR

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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.

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

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

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

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

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…RESPONDENTS

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(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)

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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AND

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HON'BLE MRS. JUSTICE K S HEMALEKHA

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ORAL JUDGMENT

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

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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

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14.02.2020.

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The operative portion of the judgment in

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Shabana’s case reads as under:-

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HC-KAR

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“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.”

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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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HC-KAR

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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.

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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.

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Since, the contesting respondents namely the

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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.

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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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HC-KAR

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In view of the above, Writ appeals are

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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,

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

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