Karnataka High Court
Sri. Gurukul School Of Nursing vs Special Officer And Anr on 29 July, 2022
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION No.201498/2022 (EDN-EX)
BETWEEN:
SRI GURUKUL SCHOOL OF NURSING
GULBARGA COLONY, KALABURAGI-02
REPRESENTED BY ITS PRINCIPAL
SRI.CHANDRASHEKAR S/O SANGAPPA
AGED ABOUT 35 YEARS
...PETITIONER
(BY SRI AMEET KUMAR DESHPANDE, SENIOR COUNSEL
FOR SRI GOPALKRISHNA B.YADAV, ADVOCATE)
AND:
1. SPECIAL OFFICER
THE KARNATAKA NURSING
AND PARAMEDICAL SCIENCE
EDUCATION (REGULATION) AUTHORITY
BENGALURU,
1ST FLOOR, LIBRARY BLOCK
BENGALURU-2
2. THE SECRETARY
THE KARNATAKA NURSING AND
PARAMEDICAL SCIENCE
EDUCATION (REGULATION) AUTHORITY
2
BENGALURU,
1ST FLOOR, LIBRARY BLOCK
BENGALURU-2.
3. KARNATAKA STATE NURSING COUNCIL
NIGHTINGALE TOWERS,
71A STREET
6TH CROSS ROAD,
NEAR MOVIELAND THEATER
A.R.EXTENSION AREA,
GANDHI NAGAR
BENGALURU-560009
... RESPONDENTS
(BY SRI SHIVAKUMAR KALLOOR,
ADVOCATE FOR R1 AND R2;
SMT. SUMAN BALIGA, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS TO CONSIDER AND APPROVE THE
ADMISSIONS OF THE PETITIONER'S SCHOOL STUDENTS
AS PER ANNEXURES - E AND F DATED 31.03.2022; ISSUE
A WRIT IN MANDAMUS DIRECTING THE RESPONDENTS
BOARD TO ISSUE HALL TICKET BY ACCEPTING THE
EXAMINATION FEE AND PERMIT THE PETITIONER
STUDENTS.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
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ORDER
In this writ petition, the petitioner has sought for writ of mandamus directing the respondents to consider the representation for approval of the admission of the students of petitioner-institution.
2. The case of the petitioner is that the petitioner-institution was accorded sanction by the Government for running School of Nursing for imparting education in GNM nursing course with intake of 60 students as per Government order dated 22.12.2021 produced at Annexure-A. Pursuant to the same, petitioner- institution has admitted the students. As per the circular produced at Annexure-C, the petitioner-institution has to upload the information of the students online on or before 07.04.2022 for approval of the admission of students by respondent Nos.1 and 2. The petitioner-institution has tried to upload the information of the students. Since there was a problem in portal of respondent No.1, the petitioner- institution was unable to upload the students' information 4 for approval of their admission. Therefore, the petitioner- institution has given a representation as per Annexures-E and F to the respondents for consideration and approval of admission of the students. Since the representation is not considered, the petitioner-institution is before this Court.
3. Sri Ameet Kumar Deshpande, learned Senior counsel appearing for Sri Gopalkrishna B. Yadav, learned counsel for the petitioner has submitted that Government by order dated 22.12.2021 (Annexure-A) has permitted 102 nursing schools to start the institutions and permitted to admit the students for the academic year 2021-22 subject to the conditions mentioned therein. Pursuant to Annexure-A, the petitioner-institution has admitted the students and is required to upload the information of the students for approval of their admission. As per Annexure- C, they have to upload the information on or before 07.04.2022, before that they could not upload the details of the students in KSDNEB online portal due to non activation of institution's user ID and password. Since they 5 were unable to upload the details of the students, immediately they gave representation to the respondent authorities to approve the admission of the students. Since the respondents have not considered the same the petitioner-institution is before this Court.
4. Sri Shivakumar Kalloor, learned counsel for respondent No.1 and 2 and Smt.Suman Baliga, learned counsel for respondent No.3 have submitted that the Government has issued the order dated 22.12.2021 (Annexure-A) permitting the petitioner-institution to open the nursing school subject to conditions mentioned in the said Government order. Since the petitioner has not satisfied the conditions, the respondents have not issued user ID and password. Therefore, they have sought for dismissal of the writ petition.
5. Heard learned counsel for the parties. Perused the writ papers.
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6. The Government by order dated 22.12.2021 produced at Annexure-A, has permitted 102 nursing schools to start nursing courses for the academic year 2021-22 subject to certain conditions mentioned in Annexure-A. Pursuant to the same, the petitioner has started nursing course and they have admitted the students. They are about to upload the information of the students for approval of their admission. Since the respondents have not provided user ID and password, they were unable to upload the same. Therefore, they have given representation vide Annexures-E and F, but the same were not considered by the respondents. Hence the petitioner institution is seeking for a direction.
7. In view of the above, without expressing any opinion on the merits of the case, writ petition is disposed of directing the respondent Nos.1 and 2 to consider the representation of the petitioner vide Annexure-E and F, in accordance with law.
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It is made clear that Principal of the petitioner- institution has to appear before the respondent No.1 without any further notice with all the necessary documents on 16.08.2022. The petitioner institution is also permitted to produce additional documents, if any, related to Annexures-E and F to the respondents.
Respondent Nos.1 and 2 are directed to hear the Principal of the petitioner-institution and pass appropriate orders within four weeks from the date of submission of the documents.
Sd/-
JUDGE VNR