Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 2, Cited by 0]

Karnataka High Court

Ilag Amol Vasant 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."

- 13 -

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