Karnataka High Court
Anju Jose vs The Registrar on 8 July, 2024
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
-1-
NC: 2024:KHC:25894
WP No. 15947 of 2024
C/W WP No. 15757 of 2024
WP No. 15797 of 2024
WP No. 15871 of 2024
WP No. 15876 of 2024
WP No. 15880 of 2024
WP No. 15895 of 2024
WP No. 15920 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 15947 OF 2024 (EDN-RES)
C/W
WRIT PETITION NO. 15757 OF 2024 (S-RES)
WRIT PETITION NO. 15797 OF 2024 (EDN-RES)
WRIT PETITION NO. 15871 OF 2024 (EDN-RES)
WRIT PETITION NO. 15876 OF 2024 (EDN-RES)
WRIT PETITION NO. 15880 OF 2024 (EDN-EX)
WRIT PETITION NO. 15895 OF 2024 (EDN-RES)
WRIT PETITION NO. 15920 OF 2024 (EDN-RES)
IN WRIT PETITION NO. 15947 OF 2024 (EDN-RES)
Digitally signed
by
SREEDHARAN
BANGALORE BETWEEN:
SUSHMA
LAKSHMI
Location: HIGH
COURT OF ANJU JOSE
KARNATAKA
D/O JOSE MATHEW,
AGE : 26 YEARS,
RESIDING AT PANAMTHANATH, MEENKUNNAM,
MUVATTUPUZHA MARADY (PART)
MUVATTUPUZHA ERNAKULUM
KERALA - 686 661.
...PETITIONER
(BY SRI. SATISH T E, ADVOCATE)
-2-
NC: 2024:KHC:25894
WP No. 15947 of 2024
C/W WP No. 15757 of 2024
WP No. 15797 of 2024
WP No. 15871 of 2024
WP No. 15876 of 2024
WP No. 15880 of 2024
WP No. 15895 of 2024
WP No. 15920 of 2024
AND:
1. THE REGISTRAR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
KARNATAKA
4TH T BLOCK, JAYANAGAR,
BANGALORE - 560 041.
2. INDIAN NURSING COUNCIL
REPRESENTED BY ITS SECRETARY,
8TH FLOOR, NBCC CENTRE, PLOT NO.2,
COMMUNITY CENTRE, OKHLA PHASE-I
NEW DELHI - 110 020.
3. THE SECRETARY
MEDICAL EDUCATION,
M.S.BUILDING, VIDHANA VEEDHI,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. M S DEVARAJU, ADVOCATE FOR R1;
SRI. SHIVARUDRA, ADVOCATE FOR R2;
SMT. NAVYA SHEKAR, AGA FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1
AND R2 TO PERMIT THE PETITIONER TO APPEAR FOR THE
EXAMS BY AVAILING THE MERCY CHANCE THAT WAS GRANTED
TO OTHER STUDENTS. ACCORDINGLY PERMIT THE PETITIONER
TO AVAIL THE MERCY CHANCE AS PER ANNEXURES C, D AND E
ALONG WITH 2 OPPORTUNITIES TO WRITE THE FAILED EXAMS
FOR THE PETITIONER AND ETC.,
-3-
NC: 2024:KHC:25894
WP No. 15947 of 2024
C/W WP No. 15757 of 2024
WP No. 15797 of 2024
WP No. 15871 of 2024
WP No. 15876 of 2024
WP No. 15880 of 2024
WP No. 15895 of 2024
WP No. 15920 of 2024
IN WRIT PETITION NO. 15757 OF 2024 (S-RES)
BETWEEN:
ROVINA VICTOR
S/O. VICTOR
AGE: 25 YEARS
RESIDING AT: VISHAL NAGAR, RAHTA
AHMADNAGAR
MAHARASHTRA - 423 107
...PETITIONER
(BY SRI. SATISH T E, ADVOCATE)
AND:
1. THE REGISTRAR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
KARNATAKA
4TH T BLOCK, JAYANAGAR,
BANGALORE - 560 041.
2. INDIAN NURSING COUNCIL
REPRESENTED BY ITS SECRETARY,
8TH FLOOR, NBCC CENTRE, PLOT NO.2,
COMMUNITY CENTRE, OKHLA PHASE-I
NEW DELHI - 110 020.
3. THE SECRETARY
MEDICAL EDUCATION,
M.S.BUILDING, VIDHANA VEEDHI,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. M S DEVARAJU, ADVOCATE FOR R1;
SRI. SHIVARUDRA, ADVOCATE FOR R2;
SMT. NAVYA SHEKAR, AGA FOR R3)
-4-
NC: 2024:KHC:25894
WP No. 15947 of 2024
C/W WP No. 15757 of 2024
WP No. 15797 of 2024
WP No. 15871 of 2024
WP No. 15876 of 2024
WP No. 15880 of 2024
WP No. 15895 of 2024
WP No. 15920 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1
AND R2 TO PERMIT THE PETITIONER TO APPEAR FOR THE
EXAMS BY AVAILING THE MERCY CHANCE THAT WAS GRANTED
TO OTHER STUDENTS AND ETC.,
IN WRIT PETITION NO. 15797 OF 2024 (EDN-RES)
BETWEEN:
DEEPA MAHTO
D/O. MAHESHWAR MAHATO
AGE: 35 YEARS
RESIDING AT:
UDAN CHOWKA, SONUA, PO SONUA
WEST SINGHBHUM
JHARKHAND - 833 105.
...PETITIONER
(BY SRI. SATISH T E, ADVOCATE)
AND:
1. THE REGISTRAR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
KARNATAKA
4TH T BLOCK, JAYANAGAR,
BANGALORE - 560 041.
2. INDIAN NURSING COUNCIL
REPRESENTED BY ITS SECRETARY,
AT 8TH FLOOR,
NBCC CENTRE, PLOT NO.2,
COMMUNITY CENTRE, OKHLA PHASE-I
NEW DELHI - 110 020.
-5-
NC: 2024:KHC:25894
WP No. 15947 of 2024
C/W WP No. 15757 of 2024
WP No. 15797 of 2024
WP No. 15871 of 2024
WP No. 15876 of 2024
WP No. 15880 of 2024
WP No. 15895 of 2024
WP No. 15920 of 2024
3. THE SECRETARY
MEDICAL EDUCATION,
M.S.BUILDING, VIDHANA VEEDHI,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. M S DEVARAJU, ADVOCATE FOR R1;
SRI. SHIVARUDRA, ADVOCATE FOR R2;
SMT. NAVYA SHEKAR, AGA FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1
AND R2 TO PERMIT THE PETITIONER TO APPEAR FOR THE
EXAMS BY AVAILING THE MERCY CHANCE THAT WAS GRANTED
TO OTHER STUDENTS AND ETC.,
IN WRIT PETITION NO. 15871 OF 2024 (EDN-RES)
BETWEEN:
SHOIBA PARWEEN
D/O. MOHAMMAD SHAID RAHMANI
AGE: 30 YEARS
RESIDING AT:
VILL, KISHUNPUR,
BOOTY
SADAR BUTTI RANCHI
JHARKHAND - 835 217.
...PETITIONER
(BY SRI. SATISH T E, ADVOCATE)
-6-
NC: 2024:KHC:25894
WP No. 15947 of 2024
C/W WP No. 15757 of 2024
WP No. 15797 of 2024
WP No. 15871 of 2024
WP No. 15876 of 2024
WP No. 15880 of 2024
WP No. 15895 of 2024
WP No. 15920 of 2024
AND:
1. THE REGISTRAR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
KARNATAKA
4TH T BLOCK, JAYANAGAR,
BANGALORE - 560 041.
2. INDIAN NURSING COUNCIL
8TH FLOOR, NBCC CENTRE, PLOT NO.2,
COMMUNITY CENTRE, OKHLA PHASE-I
NEW DELHI - 110 020.
3. THE SECRETARY
MEDICAL EDUCATION,
M.S.BUILDING, VIDHANA VEEDHI,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. M S DEVARAJU, ADVOCATE FOR R1;
SRI. SHIVARUDRA, ADVOCATE FOR R2;
SMT. NAVYA SHEKAR, AGA FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1
AND R2 TO PERMIT THE PETITIONER TO APPEAR FOR THE
EXAMS BY AVAILING THE MERCY CHANCE THAT WAS GRANTED
TO OTHER STUDENTS AND ETC.,
IN WRIT PETITION NO. 15876 OF 2024 (EDN-RES)
BETWEEN:
KHUSHBOO HAPADGARA
S/O. SABAN HAPADGARA
AGE: 32 YEARS
-7-
NC: 2024:KHC:25894
WP No. 15947 of 2024
C/W WP No. 15757 of 2024
WP No. 15797 of 2024
WP No. 15871 of 2024
WP No. 15876 of 2024
WP No. 15880 of 2024
WP No. 15895 of 2024
WP No. 15920 of 2024
RESIDING AT:
RINPAS, BAZAR TANR, KANKE
RANCHI DISTRICT
JHARKHAND - 834 006.
...PETITIONER
(BY SRI. SATISH T E, ADVOCATE)
AND:
1. THE REGISTRAR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
KARNATAKA
4TH T BLOCK, JAYANAGAR,
BANGALORE - 560 041.
2. INDIAN NURSING COUNCIL
REPRESENTED BY ITS SECRETARY
AT 8TH FLOOR, NBCC CENTRE, PLOT NO.2,
COMMUNITY CENTRE, OKHLA PHASE-I
NEW DELHI - 110 020.
3. THE SECRETARY
MEDICAL EDUCATION,
M.S.BUILDING, VIDHANA VEEDHI,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. M S DEVARAJU, ADVOCATE FOR R1;
SRI. SHIVARUDRA, ADVOCATE FOR R2;
SMT. NAVYA SHEKAR, AGA FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1
AND R2 TO PERMIT THE PETITIONER TO APPEAR FOR THE
EXAMS BY AVAILING THE MERCY CHANCE THAT WAS GRANTED
TO OTHER STUDENTS AND ETC.,
-8-
NC: 2024:KHC:25894
WP No. 15947 of 2024
C/W WP No. 15757 of 2024
WP No. 15797 of 2024
WP No. 15871 of 2024
WP No. 15876 of 2024
WP No. 15880 of 2024
WP No. 15895 of 2024
WP No. 15920 of 2024
IN WRIT PETITION NO. 15880 OF 2024 (EDN-EX)
BETWEEN:
VARSHA GOLE
D/O DULICHAND GOLE
AGE: 35 YEARS
RESIDING AT:
SAWARKAR MARG, PLUSUD BARWAN
RAJPUR
MADHYA PRADESH - 451 447.
...PETITIONER
(BY SRI. SATISH T E, ADVOCATE)
AND:
1. THE REGISTRAR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
KARNATAKA
4TH T BLOCK, JAYANAGAR,
BANGALORE - 560 041.
2. INDIAN NURSING COUNCIL
REPRESENTED BY ITS SECRETARY
8TH FLOOR, NBCC CENTRE, PLOT NO.2,
COMMUNITY CENTRE, OKHLA PHASE-I
NEW DELHI - 110 020.
3. THE SECRETARY
MEDICAL EDUCATION,
M.S.BUILDING, VIDHANA VEEDHI,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. M S DEVARAJU, ADVOCATE FOR R1;
SRI. SHIVARUDRA, ADVOCATE FOR R2;
-9-
NC: 2024:KHC:25894
WP No. 15947 of 2024
C/W WP No. 15757 of 2024
WP No. 15797 of 2024
WP No. 15871 of 2024
WP No. 15876 of 2024
WP No. 15880 of 2024
WP No. 15895 of 2024
WP No. 15920 of 2024
SMT. NAVYA SHEKAR, AGA FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1
AND 2 TO PERMIT THE PETITIONER TO APPEAR FOR THE
EXAMS BY AVAILING THE MERCY CHANCE THAT WAS GRANTED
TO OTHER STUDENTS AND ETC.,
IN WRIT PETITION NO. 15895 OF 2024 (EDN-RES)
BETWEEN:
DATIR GANESH SOPANRAO
S/O. DATIR
AGE: 31 YEARS
RESIDING AT:
PIMPRI LOUKI, AHMADNAGAR
MAHARASHTRA - 413 738.
...PETITIONER
(BY SRI. SATISH T E, ADVOCATE)
AND:
1. THE REGISTRAR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
KARNATAKA
4TH T BLOCK, JAYANAGAR,
BANGALORE - 560 041.
2. INDIAN NURSING COUNCIL
REPRESENTED BY ITS SECRETARY
AT 8TH FLOOR, NBCC CENTRE, PLOT NO.2,
COMMUNITY CENTRE, OKHLA PHASE-I
NEW DELHI - 110 020.
- 10 -
NC: 2024:KHC:25894
WP No. 15947 of 2024
C/W WP No. 15757 of 2024
WP No. 15797 of 2024
WP No. 15871 of 2024
WP No. 15876 of 2024
WP No. 15880 of 2024
WP No. 15895 of 2024
WP No. 15920 of 2024
3. THE SECRETARY
MEDICAL EDUCATION,
M.S.BUILDING, VIDHANA VEEDHI,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. M S DEVARAJU, ADVOCATE FOR R1;
SRI. SHIVARUDRA, ADVOCATE FOR R2;
SMT. NAVYA SHEKAR, AGA FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1
AND R2 TO PERMIT THE PETITIONER TO APPEAR FOR THE
EXAMS BY AVAILING THE MERCY CHANCE THAT WAS GRANTED
TO OTHER STUDENTS AND ETC.,
IN WRIT PETITION NO. 15920 OF 2024 (EDN-RES)
BETWEEN:
ILAG AMOL VASANT
S/O. VASANT
AGE: 30 YEARS
RESIDING AT:
MANMODE BABA MANOLER
PRATAPPUR, P.O. ASHVI BK,
SANGAMMU
PRATAPPUR, AHMADNAGAR
MAHARASHTRA - 413 714.
...PETITIONER
(BY SRI. SATISH T E, ADVOCATE)
- 11 -
NC: 2024:KHC:25894
WP No. 15947 of 2024
C/W WP No. 15757 of 2024
WP No. 15797 of 2024
WP No. 15871 of 2024
WP No. 15876 of 2024
WP No. 15880 of 2024
WP No. 15895 of 2024
WP No. 15920 of 2024
AND:
1. THE REGISTRAR
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
KARNATAKA
4TH T BLOCK, JAYANAGAR,
BANGALORE - 560 041.
2. INDIAN NURSING COUNCIL
REPRESENTED BY ITS SECRETARY
AT 8TH FLOOR, NBCC CENTRE, PLOT NO.2,
COMMUNITY CENTRE, OKHLA PHASE-I
NEW DELHI - 110 020.
3. THE SECRETARY
MEDICAL EDUCATION,
M.S.BUILDING, VIDHANA VEEDHI,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. M S DEVARAJU, ADVOCATE FOR R1;
SRI. SHIVARUDRA, ADVOCATE FOR R2;
SMT. NAVYA SHEKAR, AGA FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1
AND R2 TO PERMIT THE PETITIONER TO APPEAR FOR THE
EXAMS BY AVAILING THE MERCY CHANCE THAT WAS GRANTED
TO OTHER STUDENTS AND ETC.,
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
- 12 -
NC: 2024:KHC:25894
WP No. 15947 of 2024
C/W WP No. 15757 of 2024
WP No. 15797 of 2024
WP No. 15871 of 2024
WP No. 15876 of 2024
WP No. 15880 of 2024
WP No. 15895 of 2024
WP No. 15920 of 2024
ORDER
Memos for withdrawal of even date have been filed by all the petitioners in their respective writ petitions, in similar terms, which read as hereunder:
MEMO FOR WITHDRAWAL "The Advocate for the Petitioner herein submits that, the respondent No.1 vide its notification dated 10.06.2024 requested the Karnataka State Nursing Council to conduct the Mercy chance examination. In response Karnataka State Nursing Council vide the notification dated
02.07.2024 has scheduled the said examination. In view of the above, the respondent may be directed to consider the petitioner's eligibility to appear for the exams schedule and this Hon'ble Court to kindly permit the Petitioner to withdraw this petition in the interest of justice and equity."
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NC: 2024:KHC:25894 WP No. 15947 of 2024 C/W WP No. 15757 of 2024 WP No. 15797 of 2024 WP No. 15871 of 2024 WP No. 15876 of 2024 WP No. 15880 of 2024 WP No. 15895 of 2024 WP No. 15920 of 2024
2. Memos are placed on record.
If there is any grievance, the petitioners are at liberty to seek appropriate redressal from the respondent.
All contentions are kept open. Accordingly, the petitions are disposed off.
The office objections are waived in the matters.
Sd/-
JUDGE Bss List No.: 2 Sl No.: 1