Karnataka High Court
Raman School Of Nursing vs The Karnataka Nursing Council on 26 July, 2012
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 26TH DAY OF JULY 2012
BEFORE
THE HON'BLE MR. JUSTICE RAM MOHAN REDDY
WRIT PETITION NO.24922-981/2012 (EDN-RES)
AND
WRIT PETITION NO.25219/2012 (EDN-RES)
BETWEEN :
1. RAMAN SCHOOL OF NURSING
134, VISWABHARATHI CAMPUS
MAGADI ROD, KAMAKSHI PALAYA
BANGALORE-79
REP. BY ITS PRINCIPAL
2. MS. SEEMA
D/O. MR. JOGINDER
AGED 19 YEARS
3. MS.MITRO DEVI
D/O. MR KITAB SINGH
AGED 32 YEARS,
4. MR.KIRAN BALA
S/O. MR SADHU RAM
AGED 31 YEARS,
5. MR.VISHAL
S/O. MR. SUMITRA DEVI
AGED 21 YEARS
2
6. MR.SHALU RANU
S/O. MR. SURESH KUMAR
AGED 21 YEARS,
7. MS. SUMAN
D/O. MR SURESH KUMAR
AGED 21 YEARS,
8. MS.JYOTI MAHLA
D/O. MR. RAMESWAR SINGH
AGED 20 YEARS,
9. MR SINU SHARMA
S/O MR KHEM CHAND SHARMA
AGED 25 YEARS,
10. MS SUNITA
D/O MR MAHAVIR
AGED 32 YEARS
11. MS SONIYA
D/O MR KABOOL SINGH
AGED 31 YEARS,
12. MR PARDEEP KUMAR
S/O MR SHER SINGH
AGED 18 YEARS,
13. MR JAGDEEP KUMAR
MR SHER SINGH
AGED 18 YEARS
14. MS SONIYA BOORA
D/O MR RAM PHAL
AGED 24 YEARS
3
15. MS SUJETA
D/O MR SATYAWAN
AGED 18 YEARS
16. MR ANIL KUMAR
S/O MR RAJENDER
AGED 19 YEARS
17. MS ANITA
D/O MR MOHAN LAL
AGED 18 YEARS
18. MS SUNITA
D/O MR DHARMVIR
AGED 27 YEARS
19. MS PUSHPA
D/O MR RAMCHANDER
AGED 18 YEARS
20. MS SUMAN RANI
D/O MR RADHE SHYAM
AGED 25 YEARS
21. MS.SEEMA RANI
D/O MR RAJENDRA VARMA
AGED 24 YEARS
22. MR.KULBIR KAUR
S/O MR SUKHWANT
AGED 19 YEARS
23. MR.SATISH KUMAR
S/O.MR SATHYANARAYANAN
AGED 22 YEARS
4
24. MR SURENDER KUMAR
S/O MR BHAGWAN DASS
AGED 30 YEARS
25. MS RANJITA
D/O MR KHAJAN SINGH
AGED 25 YEARS
26. MS SUSHILA KUMARI
D/O.MR BHARATH SINGH
AGED 30 YEARS
27. MS NANDO DEVI
D/O MR LALJI RAM
AGED 30 YEARS
28. MS SUNITA KUMARI
D/O MR RAMAVTAR
AGED 30 YEARS
29. MS REENA
D/O MR AMAR SINGH
AGED 30 YEARS
30. MS CHAUHAN JALPABEN SHANKARJI
D/O MR SHANKARJI
AGED 30 YEARS
31. MS PARMAR SAMEERKUMAR BHANUPRASAD
D/O MR BHANUPRASAD
AGED 20 YEARS
32. MS PANDAV PUSHPABEN LALJIBHAI
D/O MR LALJIBHAI
AGED 20 YEARS
5
33. MS PATEL SHIRALIBEN RAJESHKUMAR
D/O MR RAJESHKUMAR
AGED 27 YEARS
34. MS THAKOR PRIYABEN PRABODHBHAI
D/O MR PRABODHBHAI
AGED 24 YEARS
35. MR CHRISTTAN AMBROSE AFRAIMBHAI
S/O MR AFRAIMBHAI
AGED 19 YEARS
36. MR PARMAR BHAVESHKUMAR MOHANBHAI
S/O MR MOHAN BHAI
AGED 19 YEARS
37. MR MECWAN JIGNASHBEN DINESHBHAI
S/O MR DINESHBHAI
AGED 23 YEARS
38. MR MAHIDA DHARMISHTHABEN RAYSINGBHAI
S/O MR RAYSINGBHAI
AGED 20 YEARS
39. MR NINAMA SMITABEN MADHUJI
S/O MR MAADHUJI
AGED 27 YEARS
40. MR GUPTA BINEETAKUMARI MAHENDRA PRASAD
S/O MR MAHENDRA PRASAD
AGED 23 YEARS
41. MR BAVISKAKR YAMINIBEN JAGDISHBHAI
S/O MR BHASKAR M JAGTAP
AGED 29 YEARS
6
42. MR MULLA SHIRINBANU MUHAMMAD SALIM
S/O MR MULLA MUHAMMED SALIM
AGED 20 YEARS
43. MR JANI MALABAHEN BHALCHANDRA
S/O MR DAVE MANISH SANATKUMAR
AGED 33 YEARS
44. MR SHOEBALI
MR YAQOOB KHAN
AGED 19 YEARS
45. MR SUURESH SEN
S/O MR BHANWAR LAL SEN
AGED 26 YEARS
46. MR AMITH DHILOR
S/O ASHOK KUMAR
AGED 19 YEARS
47. MR DHAN RAJ MEENA
S/O MR MADAN LAL MEENA
AGED 18 YEARS
48. MR DHARA SINGH MEENA
S/O MR VISHVNATH MEENA
AGED 20 YEARS
49. MR FAIJAN AHAMED
S/O MR SHAKIR AHAMED
AGED 18 YEARS
50. SR GANPAT LAL MEENA
S/O MR LADDU LAL MEENA
AGED 21 YEARS
7
51. MR GAURAV KUMAR SWARNKAR
S/O MR RAMESH CHAND SWARNKAR
AGED 18 YEARS
52. MR SOHAL LAL MEENA
S/O MR RAM PRASAD MEENA
AGED 22 YEARS
53. MR MUKUT BIHARI
S/O MR DWARIKA LAL MEENA
AGED 22 YEARS
54. MR VIJAY KUMAR
S/O MR SHERA RAM
AGED 19 YEARS
55. MR MANISH GAUTAM
S/O MR GAUTAM PRAKASH GAUTAM
AGED 19 YEARS
56. MR DEVKINANDAN RAWAT
S/O MR HARAK CHAND RAWAT
AGED 19 YEARS
57. MR UMMED SINGH GURJAR
S/O MR JORAWAR SINGH
AGED 20 YEARS
58. MR NARENDRA KUMAR YOGI
S/O MR MOHAN LAL
AGED 20 YEARS
59. MR PRAMOD KUMAR SUMAN
S/O MR RAMESH CHAND SUMAN
AGED 22 YEARS
8
60. MR OM PRAKASH GOCHAR
S/O MR CHAIN SINGH
AGED 19 YEARS
61. MR SHIV SHANKAR
S/O MR MOTI LAL
AGED 20 YEARS
PETITIONERS NOS. 2 TO 59 ARE :
1ST YEAR GNM STUDENTS OF
RAMAN SCHOOL OF NURSING
134, VISWABHARATHI CAMPUS
MAGADI ROAD, KAMAKSHI PALAYA
BANGALORE - 560 079 ... PETITIONERS
(BY SRI. K N MOHAN, ADV.)
AND
1. THE KARNATAKA NURSING COUNCIL
BY ITS REGISTRAR
GANDINAGAR
BANGALORE-560009
2. THE SECRETARY
MEDICAL EDUCATION
VIKAS SOUDHA
BANGALORE ... RESPONDENTS
(BY SRI. SHIVARUDRA, ADV. FOR R1)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF
INDIA PRAYING TO DIRECT THE R1 TO ACCEPT AND
APPROVE THE LIST OF STUDENTS OF I YEAR G.N.M.
COURSE OF THE FIRST PETITIONER SCHOOL., ETC.
9
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THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING (B-GROUP) THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The reliefs in these petitions filed by the Management and students of a nursing school are, to direct the respondent to accept and approve the list of students of the first year GNM Course and not to insist upon the petitioner's school to obtain the Suitability Certificate from the Indian Nursing Council.
2. Learned counsel for the parties submit that the first relief is fully covered by a decision of a learned Single Judge in W.P. Nos.17016-17076/2012, in the case of Sri.Vagdevi School of Nursing and Others vs. Karnataka State Nursing Council and Another, disposed on 01.06.2012 while the second relief is covered by a decision in W.P. No.82393-82433/2009 in the case of North Karnataka School of Nursing and Others vs. The 10 Karnataka Nursing Council, disposed on 08.09.2009, following the decision of the Division Bench in Writ Appeal No.2033/2004 in the case of Union of India and Another vs. KMJ College of Nursing (Trust) and Others, disposed on 13.04.2005.
3. Shri.Shivarudra, learned counsel for the Karnataka State Nursing Council does not oppose the submission. For the very same reason as are set-out in the aforesaid orders, these petitions are accordingly allowed.
4. In the result, the petitions are allowed in terms of the order dated 01.06.2012, in W.P.17016-76/2012 extracted below:
"6. On hearing the learned Advocates, I pass the following order:
i) The respondent no.1 shall examine whether the first petitioner has all the statutory clearances to run the GNM Course.11
ii) The respondent no.1 shall also examine whether the petitioner nos.2 to 61 meet the eligibility criteria in all other respects for being admitted to the GNM Course.
iii) The respondent no.1 shall also examine whether the admission has taken place within the prescribed last date.
iv) If the respondent no.1 is satisfied that the petitioner no.1 has all the statutory clearances and the petitioner nos.2 to 61 have all the eligibility and if the admissions are made before the prescribed last date, the respondent no.1 is directed to accord approval to the admissions of the petitioner nos.2 to 61. It shall not reject the approval only on the ground of delay in submitting the admission list.
v) For not adhering to time schedule in the matter of submission of admission list, the first petitioner is directed to pay the late fees / penalty at the rate of Rs.1,000/- per student. It shall pay 12 Rs.60,000/- to the first respondent. It is made clear that the said amount shall not be collected from the petitioner Nos.2 to 61. The amount of penalty has to be borne by the first petitioner alone.
vi) On the petitioner no.1 paying the penal amounts and on the respondent no.1 satisfying itself of the first petitioner's entitlement to admit the students and the petitioner nos.2 to 61 meeting the eligibility criteria, if the respondent no.1 approves the admissions of the petitioner nos.2 to 61, the same shall be intimated to the respondent no.2 immediately so as to enable the petitioning students to appear for the forthcoming GNM Examination."
And the order dated 08.09.2009 in W.P. Nos.82393-82433/2009, which reads thus:
"6. In the light of the decision of the Division Bench, supra, reserving liberty to the respondent Karnataka Nursing Council to act in accordance with law in the matter of recognition or de-recognition of the 1st 13 petitioner institution, these petitions are allowed in part the respondent is directed not to insist upon the first petitioner to obtain a Suitability Certificate under the Indian Nursing Council Act, 1947. However as and when students pass out of the G.N.M. Course from the 1st petitioner institution so long as it has not obtained a Suitability Certificate from the Indian Nursing Council, under the Indian Nursing Council Act, 1947, the certificates issued to the students by the respondent shall contain an endorsement to the effect that the certificate holders are entitled to be registered only in the State of Karnataka."
Sd/-
JUDGE JJ