Karnataka High Court
Eze Chinwe vs Registrar on 16 November, 2012
Author: Huluvadi G.Ramesh
Bench: Huluvadi G.Ramesh
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16th NOVEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE HULUVADI G.RAMESH
WP NO 23344 OF 2011 (EDN-EX)
BETWEEN
EZE CHINWE
AGE:25 YEARS
D/O SAMUEL AZE
I YEAR BSC,NURSING STUDENT
SRI SIDDARTHA COLLEGE OF
NURSING, AGALAKOTE B H ROAD
TUMKUR-572107 ... PETITIONER
(BY SRI PATEL D KAREGOWDA, ADV.)
AND
1. REGISTRAR
RAJIVGANDHI UNIVERSITY
OF HEALTH SCIENCES
4TH T BLOCK
JAYANGARA
BANGALORE-560041
2. PRINCIPAL
SRI SIDDARTHA COLLEGE OF NURSING
AGALAKOTE, B H ROAD
TUMKUR-572107
2
3. ASSOCIATION OF INDIAN UNIVERSITIES
(EQUIVALANCE DIVISION)
AIU HOUSE, NO.16, COMRADE INDRAJIT
GUPTA MARG (KOTLA MARG)
NEW DELHI-110002, BY ITS MANAGER
... RESPONDENTS
(BY SRI S G PANDIT FOR R1, SRI S.G. SUNDARESH
FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE LETTER ISSUED BY THE
FIRST RESPONDENT DATED 13.4.2011 VIDE
ANNEXURE-E TO THE WRIT PETITION.
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE
COURT PASSED THE FOLLOWING:
ORDER
Petitioner is a student of I year B.Sc., Nursing, admitted to the second respondent college on 1.11.2010, which is four years degree course and has been prosecuting her studies.
2. Petitioner was admitted to the college on successful completion of Secondary Education at Mixed Secondary School Ogabu Ogume, a recognised school in 3 Delta State, Nigeria and has obtained certificate as per Annexure-A. Further, the petitioner has requested the concerned Ministry to forward confirmation of result and eligibility for admission to higher Institution. Pursuant to the said request, the Federal Ministry of Education has sent a letter on 8.12.2012 to the second respondent college confirming of result and eligibility for admission of petitioner to a higher institution as per Annexure-B.
3. It appears the University has issued an endorsement at Annexure-E, wherein it has directed the second respondent college to obtain equivalence certificate from Association of Indian Universities at New Delhi and to furnish the same for approval of the admission of the petitioner. Thereafter, the petitioner requested the 3rd respondent Association for issuance of Equivalence Certificate on 25.5.2011 along with the prescribed fee of Rs.8,975/-. In spite of it, neither the petitioner nor the 2nd respondent College has received 4 any information in this regard from the 3rd respondent. Hence, this writ petition.
4. It is contended by the learned counsel for the respondent that petitioner is admitted to I Year B.Sc., Nursing course which is four years degree by securing C6 Grade in most of the subjects and six credits. Now, the question is whether the percentage prescribed for admission to the I year B.Sc., Nursing is 50% or not as per the University Regulation or whether the marks/Grade secured by the petitioner is to be treated as equivalent and satisfies the requirement has to be answered and eligibility certificate has to be issued in this regard.
5. Based on the credits secured by the petitioner as per Annexure-A after ascertaining whether 50% of marks is the eligibility criteria for admission to the Nursing course from the 3rd respondent, and after obtaining equivalence certificate from the 3rd respondent, the 1st respondent University has to 5 approve the admission of the petitioner, if she is found eligible. Since no response from the 3rd respondent is received in this regard in spite of the request of the petitioner, the 3rd respondent is directed to consider the representation of the petitioner in accordance with law and to pass necessary orders and to issue certificate, if eligible.
With this observation, the petition stands disposed off.
Sd/-
JUDGE PL