Karnataka High Court
Vidyamani School Of Nursing vs The State Of Karnataka on 3 March, 2017
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF MARCH, 2017
PRESENT
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
AND
THE HON'BLE MR. JUSTICE B.A. PATIL
WRIT APPEAL No.200042/2017 (EDN-EX)
BETWEEN:
VIDYAMANI SCHOOL OF NURSING,
NO.12-1-12212,
OUTSIDE FATHE DARAZA,
HYDERABAD ROAD,
BIDAR-585403.
THROUGH ITS CHAIRMAN,
SUNIL S/O SHIROMANI,
AGEED 40 YEARS,
OCC: CHAIRMAN,
R/O BIDAR,
TQ. & DIST. BIDAR-585 401.
...Appellant
(Sri. Jairaj K. Bukka, Advocate)
AND:
1. THE STATE OF KARNATAKA,
BY ITS REGISTRAR,
KARNATAKA STATE NURSING COUNSIL,
NO.71 NIGHTINGLE TOWERS,
A STREET 6TH CROSS AR EXTENSION
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GANDHINAGAR,
BANGALORE-560 009.
2. AKKAMMA D/O BASAVARAJ
AGE:31 YEARS, OCC:STUDENT
3. VIJAYALAXMI D/O RAMCHANDRA
AGE:18 YEARS, OCC:STUDENT
4. GUNDAMMA D/O KISHAN
AGE:20 YEARS, OCC:STUDENT
5. NAVEEN KUMAR S/O SUNIL KUMAR
AGE:21 YEARS, OCC:STUDENT
6. FAIZAN ALI S/O ANAYATULLAH ZARGAR
AGE:21 YEARS, OCC:STUDENT
7. YAWAR TANVIR S/O TANVIR AHMED
AGE:18 YEARS, OCC:STUDENT
8. MS.NEHA RANI D/O NAND KISHORE
AGE:25 YEARS, OCC:STUDENT
9. ABDUL AHAD S/O MOHAMMED ARIF
AGE:33 YEARS, OCC:STUDENT
10. ASHOK KUMAR PUROHIT
S/O RAMESHWAR LAL PUROHIT
AGE:31 YEARS, OCC:STUDENT
11. SHAMA PARVEEN D/O QUMAR PASHA
AGE:29 YEARS, OCC:STUDENT
12. MOMIN FUTUMUSUGRA D/O MANJUR HUSEN
AGE:31 YEARS, OCC:STUDENT
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13. SHERANAMMA D/O ARJUN
AGE:31 YEARS, OCC:STUDENT
14. RAJESHWARI DASAR D/O LAMAN
AGE:31 YEARS, OCC:STUDENT
15. BAKEEL KHAN S/O IMAM KHAN
AGE:31 YEARS, OCC:STUDENT
16. ABHISHEK MESSY S/O RAVI MESSY
AGE:31 YEARS, OCC:STUDENT
17. HINGOLE KISHOR S/O BABAN RAO
AGE:31 YEARS, OCC:STUDENT
18. MOORE VERONICA VISHWAS S/O VISHWAS
AGE:31 YEARS, OCC:STUDENT
19. ASHWINI D/O KRISHNA RATHOD
AGE:31 YEARS, OCC:STUDENT
20. KHALID HUSSAIN S/O SABIR HUSSAIN
AGE:31 YEARS, OCC:STUDENT
21. SHABANA KHANAM D/O SHAFIUDDIN
AGE:31 YEARS, OCC:STUDENT
22. HARISH B S/O SHAMRAO
AGE:31 YEARS, OCC:STUDENT
23. M.SAMPATH REDDY S/O NAGIREDDY
AGE:31 YEARS, OCC:STUDENT
24. SOLANKAR NAMDEV RAO
S/O PANDARINATH RAO
AGE:31 YEARS, OCC:STUDENT
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25. AVINASH S/O CHANDRAPPA
AGE:31 YEARS, OCC:STUDENT
26. MOHAMMAD YAMEEN S/O MUJAHID KHAN
AGE:31 YEARS, OCC:STUDENT
27. DHANRAJ MEENA S/O JANSILAL MEENA
AGE:31 YEARS, OCC:STUDENT
28. MUKHILIS UR REHMAN DANISH
S/O KHALIL UR REHMAN KHAN
AGE:31 YEARS, OCC:STUDENT
29. JEETARAM GURJAR S/O UDDA LAL GURJAR
AGE:31 YEARS, OCC:STUDENT
30. VINOD GURJAR S/O RAMAVATAR GURJAR
AGE:31 YEARS, OCC:STUDENT
31. KALEEM KHAN S/O ALI SHER KHAN
AGE:31 YEARS, OCC:STUDENT
32. KALURAM KEER S/O PRAHLAD KEER
AGE:31 YEARS, OCC:STUDENT
33. RAMPRAKASH SAHU S/O MADAN LAL SAHU
AGE:31 YEARS, OCC:STUDENT
34. BHAG CHAND BAIRWA S/O BADRI LAL BAIRWA
AGE:31 YEARS, OCC:STUDENT
35. RAJKUMAR BAIRWA S/O BADRILAL BAIRWA
AGE:31 YEARS, OCC:STUDENT
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36. PATEL VIPULKUMAR VISHNUBHAI
S/O VISHNUBHAI
AGE:31 YEARS, OCC:STUDENT
37. PUJARI SWARUPA GOVIND D/O GOVIND
AGE:31 YEARS, OCC:STUDENT
38. LAKSHMI DEVI SANAMPUDI D/O ERUKLAIAH
AGE:32 YEARS, OCC:STUDENT
39. BABLOO S/O MARUTHI
AGE:31 YEARS, OCC:STUDENT
40. BASAVANTHRAYA S/O GHALAPPA
AGE:31 YEARS, OCC:STUDENT
41. K M AYEHS D/O MOHAMAD YUSUF
AGE:31 YEARS, OCC:STUDENT,
ALL RESIDENT OF TQ. & DIST. BIDAR-585401.
42. THE SECRETARY KARNATAKA STATE DIPLOMA IN
NURSING EXAMINATION BOARD,
VICTORIA HOSPITAL COMPOUND,
BANGALORE-062
...Respondents
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act 1961, praying to set aside
impugned order dated 27.01.2017 at Page No.89, Para
No.III passed by the learned Single Judge in WP
No.202935-974/2016 c/w WP 203116/2016 and the
amount deposited by the appellant entire at Registry be
return back to the appellant.
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This appeal coming on for Orders hearing this day,
ARAVIND KUMAR, J., delivered the following:-
JUDGMENT
We have heard Sri. Jairaj K. Bukka, learned counsel appearing for the appellant and also perused the records.
2. With the consent of learned counsel for appellant, matter is taken up for final disposal.
3. Appellant is assailing the order passed in W.P.Nos.202935-202974/2016 with connected matters on 27.1.2017 whereunder interim order passed on 2.8.2016 directing the appellant to deposit a sum of Rs.5,00,000/- came to be confirmed by order under challenge and directed the amount to be paid to the Karnataka State Nursing Council.
4. It is the contention of the learned counsel appearing for appellant that in other matters learned Single Judges have taken a view that a sum of -7- Rs.10,000/- is to be imposed by way of penalty on the erring colleges and as such in the instant case the learned Single Judge fell in error in directing the appellant to deposit a sum of Rs.5,00,000/- in W.P. Nos. 202935-202974/2016 and ordering for payment of said amount to Nursing Council. He would also submit that by interim order dated 2.8.2016 though it was ordered to be paid to the students, now by the final order under challenge it has been ordered to be paid to the Nursing Council and as such, he prays for setting aside the same by allowing the writ appeal.
5. On perusal of the records it discloses that respondent Nos.2 to 41 had approached this Court in WP Nos.20293-202974/2016 for a mandamus to approve their admissions for the academic year 2015-16 for the 1st year General Nursing Midwifery (Hereinafter for short 'GNM') Course. By way of an interim order passed on 2.8.2016, the learned Single Judge had -8- directed that each of the Nursing Colleges as well as Council to deposit a sum of Rs.5,00,000/- with the Registry of this Court and it was also observed thereunder that same was ordered for being awarded in favour of the suffering students. The learned Single Judge while disposing of the writ petition has noticed that though the last date for admission to GNM Course as prescribed by the Nursing Council was 13.9.2015 and last date for submission of documents for approval of list was 13.11.2015, which was subsequently extended upto 15.12.2015 and same was not furnished or submitted by the respective Nursing Colleges. The learned Single Judge has also took note of the memos and affidavits filed on 25.1.2017 which disclosed that particulars of admissions was furnished by the Nursing Schools/Colleges to the Karnataka State Nursing Council only on 23.1.2017 and all the nursing Schools/Colleges had failed to adhere to the Calendar of Events as per Circular dated 3.9.2015 issued by the -9- Nursing Council. The observation made by the learned Single Judge under the order under challenge, particularly at paragraph 8 was to the effect that delay in submission of admission list with related documents has been virtually conceded by the Nursing Colleges. It was also further observed that none of the Nursing Schools which were repeating this omission over the years namely non-submission of the admission list along with requisite documents within the prescribed period had continued unabated despite stern warning issued by the Nursing Council and also the orders of this Court and yet the Nursing Schools/Colleges had continued with said omission and commissions and thereby driving the students' educational career into jeopardy. In the factual background and as a deterrent to erring Nursing Schools/Colleges, the amount deposited by the Nursing Schools has been ordered to be paid to the Nursing Council, after having found that there was no lapse on the part of the Council, and the
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entire default is to be laid at the doors of the Nursing Schools.
6. We do not find any error committed by the learned Single Judge in directing the said amount to be paid to the Nursing School which is to be utilized by them for development of the required software. It was also been ordered that said amount is to be utilized exclusively for the purpose of development of required software application in the matter of regulating the process of admission/approval etc. of the GNM Course.
7. In that view of the matter, we do not find any good ground to entertain this writ appeal. Hence, writ appeal is hereby dismissed.
Sd/-
JUDGE Sd/-
JUDGE BL*