Karnataka High Court
Miss Pasang Wangmo D/O Chenda Phento vs Indian Nursing Council Ors on 24 September, 2012
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH, GULBARGA
DATED THIS THE 24TH DAY OF SEPTEMBER, 2012
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
WRIT PETITION No.84404/2011 (EDN-REG-P)
BETWEEN:
Miss.Pasang Wangmo
D/o Chenda Phento
Aged 36 years,
Occ: Student of M.Sc Nursing Course
R/o: Navodaya College of
Nursing College,
Tq. And District Raichur. ..PETITIONER
(BY SRI.CHAITANYA KUMAR CHANDRIKI, ADVOCATE)
AND:
1. Indian Nursing Council
By its Secretary
New Delhi
2. The Registrar
Rajiv Gandhi University
of Health Science,
Jayanagar,
Bangalore.
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3. The Navodaya
College of Nursing
By its Principal
Raichur. ..RESPONDENTS
(SRI.SHIVARUDRA, ADVOCATE FOR R-1,
SRI.VEERESH B. PATIL, ADVOCATE FOR R-2 AND 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT IN THE NATURE OF MANDAMUS
THEREBY DIRECTING THE FIRST RESPONDENT TO
ISSUE THE EQUIVALENCY CERTIFICATE TO
PETITIONER AND DIRECT THE 2 ND RESPONDENT TO
ISSUE ELIGIBILITY CERTIFICATE TO THE
PETITIONER.
THIS WRIT PETITION COMING ON FOR HEARING
ON INTERLOCUTORY APPLICATION THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Though matter is listed in hearing on Interlocutory application, learned advocates appearing for the parties in chorus would submit that matter can be disposed of in view of subsequent events. Hence, taken up for final disposal.
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2. Prayer sought for in the writ petition reads as under:
1. Issue a writ in the nature of mandamus thereby directing the first respondent to issue to the petitioner the equivalency certificate to petitioner.
2. Direct the second respondent to issue eligibility certificate to the petitioner.
3. Petitioner who completed her B.Sc Nursing Course from the University of Khon Kaen, Thailand and who is a domicile of Bhutan applied to the third respondent-college seeking admission to first year M.Sc nursing course for the academic year 2010-11 and she was admitted. She being an NRI student was required to obtain eligibility certificate from the concerned University from which she had passed graduation to make her eligible for continuing and prosecuting her studies in the State of Karnataka. Admittedly after 4 being admitted to third respondent-college, said college has forwarded to the second respondent -University letter dated 30.11.2010 along with records for issuance of eligibility certificate as per Annexure-B. After one year second respondent has communicated to the third respondent vide Annexure-C calling upon it to produce the experience certificate and eligibility certificate of the petitioner. On being informed that petitioner has to obtain equivalency certificate of B.Sc Nursing course from first respondent in order to obtain eligibility certificate, petitioner is said to have submitted her transcript proforma to third respondent who in turn forwarded the same to first respondent by letter dated 08.10.2011 Annexure-D.
4. In the meanwhile schedule of examination was announced during September 2010 as per Annexure-E whereunder first year M.Sc Nursing examination was to commence from 03.11.2011. On account of petitioner 5 not having received hall ticket she said to have made enquiries and found that on account of equivalency and eligibility certificate not having furnished by the petitioner she was not being permitted to take up the examination. In this factual background she approached this court by filing the above writ petition seeking the prayers extracted herein above. This court while issuing notice to respondents on 31.10.2011 had directed the respondent Nos.2 and 3 to permit the petitioner to appear for the first year examination of M.Sc Nursing course scheduled to commence on
03.11.2011. Accordingly she appeared for this examination and on account of further order passed by this court on the said date directing respondent Nos.2 and 3 not to declare her result without leave of the court, results have not been declared. Along with application I.A.1/2012 learned counsel for petitioner has produced the equivalency certificate issued by the first respondent certifying that B.Sc (N) decree obtained 6 by petitioner from Boromarajonani College of Nursing, Khon Kaen, Thailand is equivalent as per INC syllabus and it has been certified thereunder that she is eligible to study M.Sc (Nursing).
5. Today learned counsel for petitioner has filed a memo enclosing the eligibility certificate issued by R-2 also. In that view of the matter prayer sought for by the writ petitioner has been answered or in other words has been virtually granted by the respondents and as such nothing remains for this court to examine further. However, learned counsel for petitioner submits that on account of interim order passed on 31.10.2011 directing respondent Nos.2 and 3 not to declare the results, same has not been declared and as such he prays for suitable direction being issued to respondent Nos.2 and 3.
In view of the subsequent developments that had taken place namely equivalent certificate having been 7 issued to petitioner by first respondent on 24.07.2012 (enclosed to I.A.No.1/2012) and the eligibility certificate also having been issued to petitioner by second respondent University it would be needless to state that respondent Nos.2 and 3 are required to announce the results of the examination taken by petitioner pursuant to interim order. Said results shall be announced forthwith by respondents 2 and 3. Accordingly writ petition stands disposed of.
In view of the disposal of writ petition I.A.1/2012 does not survive for consideration.
Sd/-
JUDGE SBN