Karnataka High Court
Nvl School Of Nursing vs The Registrar on 30 January, 2020
Author: P.B.Bajanthri
Bench: P. B. Bajanthri
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JANUARY, 2020
BEFORE
THE HON'BLE MR. JUSTICE P. B. BAJANTHRI
WRIT PETITION NOs.40246-40286 OF 2019 (EDN - RES)
BETWEEN:
1. NVL SCHOOL OF NURSING,
NO.201/2, SUNCITY ROAD,
1ST MAIN, 18TH CROSS, KENGERI,
BANGALORE - 560 060.
REPRESENTED BY ITS PRINCIPAL,
MR.DENNIS T VARGHESE.
2. ABDUR RAHAMAN,
S/O MATUR RAHAMAN,
AGED ABOUT 18 YEARS,
3. ALIP S K.,
S/O ABDUL S K,
AGED ABOUT 24 YEARS,
4. ANIMA DAS,
D/O CHITTRANJAN DAS,
AGED ABOUT 27 YEARS,
5. APSANA KHATUN,
D/O ABDUL KHAN,
AGED ABOUT 18 YEARS,
6. ARPITA CHATTERJEE,
D/O SHIBDAS CHATTERJEE,
AGED ABOUT 34 YEARS,
7. DEB DWAIPAYAN GHORUI,
S/O RABINDRANATH GHOURI,
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AGED ABOUT 27 YEARS,
8. DIPAYAN DALAL,
S/O PRODIP DALAL,
AGED ABOUT 20 YEARS,
9. DIPIKA SARKAR,
D/O BIKASH SARKAR,
AGED ABOUT 18 YEARS,
10. JHUMA BHANDARY,
D/O SIBASANKAR BHANDARY,
AGED ABOUT 33 YEARS,
11. KHADIJA KHATUN,
D/O RAJAB ALI,
AGED ABOUT 18 YEARS,
12. KOUSHIK MAPA,
D/O SUKUMAR MAPA,
AGED ABOUT 20 YEARS,
13. KRISHNA MAITY,
D/O SUKUMAR MAPA,
AGED ABOUT 18 YEARS,
14. M D AFROJ AKHTAR,
S/O M D MASIDUR RAHAMAN,
AGED ABOUT 19 YEARS,
15. MAMONI PARAMANIK,
D/O ASHIS PARAMANIK,
AGED ABOUT 28 YEARS,
16. MASUDA KHATUN,
D/O SOLAMAN MIA,
AGED ABOUT 29 YEARS,
17. MOBINA SHAWAN,
D/O MODIBAR RAHAMAN MOLLAH,
AGED ABOUT 18 YEARS,
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18. SMT NISHA KHATUN,
D/O MD MANUAR HUSSAIN,
AGED ABOUT 18 YEARS,
19. MUSTAK ALI,
D/O MD BARBAR ALI,
AGED ABOUT 22 YEARS,
20. NARGISH SABNAM,
D/O M D ROBIUL ISLAM,
AGED ABOUT 18 YEARS,
21. PIYALI SAMANTA
D/O BHANANJOY SAMANTHA,
AGED 23 YEARS,
22. PRIYA BASU,
D/O KALYAN BASU,
AGED ABOUT 23 YEARS,
23. PUJA MUKHERJEE,
D/O DEBI NATH MUKHERJEE,
AGED ABOUT 19 YEARS,
24. RAJA DAS,
S/O DIPAK DAS,
AGED ABOUT 19 YEARS,
25. RAJESH BAYEN,
S/O BASU DEB BAYEN,
AGED ABOUT 26 YEARS,
26. REHENA SULTANA,
D/O S K KAMRUL ISLAM,
AGED ABOUT 19 YEARS,
27. RESHMA KHATUN,
D/O RAFIKUN ISLAM,
AGED ABOUT 18 YEARS,
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28. PRIYA BISWAS,
D/O BISWAJIT BISWAS,
AGED ABOUT 19 YEARS,
29. SABRINA TABASSUM,
D/O SAJMAL HAQUE,
AGED ABOUT 23 YEARS,
30. SADDAM ALI,
S/O LIAKAT ALI,
AGED ABOUT 24 YEARS,
31. SAIKAT PRADHAN,
S/O MAKHAN PRADHAN,
AGED ABOUT 19 YEARS,
32. SARMIN SULTANA,
D/O RABIUL AWAL,
AGED ABOUT 18 YEARS,
33. SHRABANI BHOWMIK,
D/O BIDYUT BHOWMIK,
AGED ABOUT 32 YEARS,
34. SHRABANI MISHRA,
D/O TAPAN KUMAR MISHRA,
AGED ABOUT 21 YEARS,
35. SUBHADIP MAHATA,
S/O BIJAT MAHATA,
AGED ABOUT 18 YEARS,
36. SUDIPTA MANDAL,
D/O SUKUMAR MANDAL,
AGED ABOUT 19 YEARS,
37. SUSANTA MANIK,
S/O SUBHAS MANIK,
AGED ABOUT 18 YEARS,
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38. TAMANNA PARVIN,
D/O ADUS SALAM BISWAS,
AGED ABOUT 18 YEARS,
39. TANAYA SAHA,
D/O AKHIL SAHA,
AGED ABOUT 21 YEARS,
40. TRINANJANA SAHOO,
D/O TAPAN SAHOO,
AGED ABOUT 18 YEARS,
41. YEASMIN KHATUN,
D/O IBRAHIM LASKAR,
AGED ABOUT 18 YEARS,
PETITIONERS 2-41 ARE THE STUDENTS
OF I YEAR GNM COURSE IN
1ST PETITIONER COLLEGE.
... PETITIONERS
(BY SRI.N.AMARESH, ADVOCATE)
AND:
1. THE REGISTRAR,
KARNATAKA STATE NURSING COUNCIL,
GOVERNMENT OF KARNATAKA,
NIGHTGALE TOWER,
GANDHI NAGAR,
BANGALORE - 09.
2. THE SECRETARY,
KARNATAKA STATE DIPLOMA IN NURSING
EXAMINATION BOARD,
VICTORIA HOSPITAL COMPOUND,
BANGALORE - 02.
3. THE SECRETARY,
MEDICAL EDUCATION,
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M.S. BUILDING,
VIDHANA VEEDHI,
BENGALURU - 560 001
...RESPONDENTS
(BY SMT. A.SAILEELA, ADVOCATE FOR
SMT. SUMANA BALIGA M., ADVOCATE FOR R1;
SRI.YOGESH D NAIK, ADVOCATE FOR R2;
SMT. PRAMODINI KISHAN, AGA FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA
PRAYING TO DIRECT THE R-1 TO APPROVE THE
ADMISSIONS OF THE PETITIONERS 2-41 TO THE GNM
(NURSING) COURSE AND ETC.,
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
In the instant petition, the petitioners have sought for the following reliefs;
i) Issue a writ in the nature of mandamus directing the first respondent to approve the admissions of the petitioners 2-41 to the GNM (Nursing) Course.
ii) Issue a writ in the nature of writ of mandamus directing the second respondent to permit the petitioner students to appear for the I year GNM Course examination for the academic year 2018-
19. 7
iii) Issue a writ in the nature of writ of mandamus directing the third respondent to consider the representation of petitioner school and the inspection report submitted by the first respondent to third respondent.
iv) Issue any other writ or order deemed fit in the facts and circumstances of the case in the interest of justice and equity.
2. The petitioners had the benefit of interim relief to participate in the first year GNM (Nursing) course examination for the academic year 2018-2019.
3. Learned counsel for the petitioners submits that for the year 2019-2020, the competent authority has redressed the admission.
4. In the light of the above stated facts and circumstances, first respondent is hereby directed to take decision relating to the admission of petitioner Nos.2 to 41 to GNM (Nursing) course, while considering their representations at Annexures-E and F. In the event of 8 petitioners are eligible for admission, the results of the petitioners for first year GNM (Nursing) Course examinations be announced. If there is any hurdle in admitting the petitioners for GNM (Nursing) course for the year 2018-2019, as a special case, it is to be ascertained whether the hurdle could be condoned or not? as the petitioners have participated in the process of examination for the year 2018-19 for first year GNM (Nursing) examination. In this regard, concerned authority is directed to pass speaking order/s and the same shall be communicated to each of the petitioner within a period of four weeks from the date of receipt of this order.
5. At this juncture, learned counsel for the petitioners submit that at the time of admission, conditional interim order was passed asking the petitioners to deposit a sum of Rs.2000/-. The same shall be refunded, provided that respective petitioner is eligible. If any of the petitioner is not eligible, in such an 9 event, he is not entitled to refund of Rs.2,000/- which is deposited to appear for examination.
Sd/-
JUDGE SB