Karnataka High Court
Presidency School Of Nursing vs Karnataka Nursing And Paramedical ... on 8 August, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.11620 OF 2022 (EDN-RES)
BETWEEN:
PRESIDENCY SCHOOL OF NURSING
BALAJI KRIPA LAYOUT, HEGDE NAGAR
BENGALURU - 560 077
BY ITS PRINCIPAL
SRI. HARIPRASAD RAI.
...PETITIONER
(BY SRI. MANJUNATH K., ADVOCATE)
AND:
1. KARNATAKA NURSING AND PARAMEDICAL SCIENCES
EDUCATION (REGULATION) AUTHORITY
KARNATAKA STATE DIPLOMA IN NURSING
EXAMINATION BOARD
FIRST FLOOR, LIBRARY BLOCK, BMC & RI CAMPUS
K.R.ROAD, BENGALURU - 560 002.
REPRESENTED BY ITS SPECIAL OFFICER.
2. KARNATAKA STATE NURSING COUNCIL
# 7/1, NIGHTINGALE TOWERS, A-STREET
6TH CROSS, A.R. EXTENSION, GANDHINAGAR
BENGALURU - 560 009.
REPRESENTED BY ITS REGISTRAR.
...RESPONDENTS
(BY SMT. SUMANA BALIGA M., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS AND DIRECTION IN THE NATURE OF THE
RESPONDENT TO APPROVE LIST OF STUDENTS ADMISSION OF
THE PETITIONER'S INSTITUTION AS PER THE GOVERNMENT
ORDER NO.AaaKuKa644 MMC 2021 BENGALURU DTD: 22.12.2021
FOR THE ACADEMIC YEAR 2021-2022 FOR GNM COURSES BY
CONSIDERING THE REPRESENTATION DTD: 31.03.2022 ASF
PER ANNEX-H.
2
THIS W.P. COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
In this petition, petitioner has sought for the following reliefs:
(i) Issue appropriate writ or order or directions in the nature of mandamus to the respondent to approve list of students admission of the petitioner's institution as per the Government order No.AaaKuKa644 MMC 2021 Bangalore dated 22.12.2021 for the academic year 2021-2022 for GNM courses by considering the representation dated 31.03.2022 as per Annexure - H.
(ii) Issue such other writ or order or direction that this Hon'ble Court may deem fit under the facts and circumstances of the case including the cost of this writ petition to secure the ends of justice.
2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.
3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the various documents produced, learned counsel for the petitioner places reliance upon the decision passed by the Co-ordinate Bench of this Court at Kalaburagi in the case of Sri. Gurukul School of Nursing, 3 Kalaburagi Vs. Special Officer and others - W.P.No.201498/2022 (D.D.29.07.2022) in order to contend that this Court has directed the respondents to consider the representation submitted by the said writ petitioner within a stipulated time frame. It is submitted that the petitioner is also identically / similarly situated to the said writ petitioner and consequently, the petitioner is entitled to the reliefs sought for in the petition.
4. Per contra, learned counsel for respondent Nos.1 and 2 submits that there is no merit in the petition and the same is liable to be dismissed.
5. As rightly contented by the learned counsel for the petitioner under identical circumstances in relation to Sri Gurukul School of Nursing, Kalaburagi, which is similarly situated as that of the petitioner, the Co-ordinate Bench of this Court at Kalaburagi has passed the following 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.4
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 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 5 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 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.6
5. Heard learned counsel for the parties. Perused the writ papers.
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.
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 7 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."
6. The material on record discloses that it is not in dispute that the petitioner herein has also submitted a representation at Annexure - H dated 31.03.2022 and that the same has not been considered and no orders have been passed on the same so far by the respondents.
7. Under these circumstances, I am of the considered opinion that in the light of the aforesaid order passed by the Co-ordinate Bench of this Court at Kalaburagi in Sri. Gurukul School of Nursing, Kalaburagi Vs. Special Officer and others necessary directions are to be issued to the respondents in this petition also.
8. In the result, I pass the following:
ORDER
(i) Petition is disposed of in terms of order passed by the Co-ordinate 8 Bench of this Court at Kalaburagi in Sri. Gurukul School of Nursing, Kalaburagi Vs. Special Officer and others.
(ii) Respondents are directed to address the grievance of the petitioner and consider and pass appropriate orders / take appropriate decision on the representation at Annexure - H dated 31.03.2022 submitted by the petitioner bearing in mind the aforesaid decision of this Court and the relevant documents produced by the petitioner and / or any other documents to be produced by the petitioner as expeditiously as possible and at any rate on or before 24.08.2022.
Sd/-
JUDGE SV