Karnataka High Court
Vidyamani School Of Jursing And Ors vs The State Of Karnataka & Ors on 12 October, 2012
Author: B.S.Patil
Bench: B.S.Patil
W.P. Nos.84200/12, 84203-213/12
& 86132-165/12 C/w W.P. No.84191/12
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 12TH DAY OF OCTOBER, 2012
BEFORE
THE HON'BLE MR.JUSTICE B.S.PATIL
W.P.Nos.84200/2012, 84203-213/2012
& 86132-165/2012 (EDN-RES)
C/W W.P. No.84191/2012 (EDN-EX)
IN W.P. Nos.84200/2012, 84203-213/2012
& 86132-165/2012
BETWEEN:
1. Vidyamani School of Nursing
Fateh Darwaza, Hyderabad Road
Bidar - 585 401
2. KET School of Nursing
Hyderabad Road
Bidar - 585 403
3. Usha School of Nursing
Shiva Nagar
Bidar - 585 402
4. Prayavi School of Nursing
Kolar Industrial Area
Bidar - 585 401
5. Surabhi School of Nursing
Akka Mahadevi Complex
Bidar - 585 402
6. Sabah School of Nursing
Zion Colony, Mannahalli Road
Bidar - 585 401
W.P. Nos.84200/12, 84203-213/12
& 86132-165/12 C/w W.P. No.84191/12
2
7. Florence School of Nursing
Chidri Road
Bidar - 585 401
8. Nightingle School of Nursing
Gunalli Road
Bidar - 585 401
9. Bajaj School of Nursing
Noor Colony
Bidar - 585 403
10.Noor School of Nursing
Hyderabad Road
Bidar - 585 401
11.Mother Teresa School of Nursing
Ganesh Nagar
Bidar - 585 403
12.Suleman School of Nursing
Noor Colony
Bidar - 585 401
13.Afroz Ahmed
S/o Nisar Ahmed
Age: 27 years, No.5-2-101
Ahmed Bagh, Bidar
14.Srikanth S/o Sidram
Age: 25 years
Near Bhawani Mandir
Shapur Railway Gate
Bidar
15.Reshma Begum
D/o Mohd. Osman Ali
Age: 26 years
Behind Bharat Petroleum
Mannakheli, Dist. Bidar
16.Arvind Kumar Tailor
S/o Shri. Rameshachandra
Age: 24 years
W.P. Nos.84200/12, 84203-213/12
& 86132-165/12 C/w W.P. No.84191/12
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Opp: Gautam Asharam
Ke Pas Dist. Sawai
Madhupur Rajastan
17.Ashok Kumar Meena
S/o Laddu Lal Meena
Age: 37 years
Near ICICI Bank
Opp: Jamwai Degree College
Dist. Sawai, Madhupur
Rajastan
18.Subhash S/o Mohan
Age: 26 years
Village Jawaher Nagar
Thanda post Shadipur
Tq. Chincholi, Dist. Gulbarga
19.Anusya D/o Surekanth
Age: 29 years, Manikappa Bandeppa
C/o Anusya Edgeri Abdul Faiz
Darga Bidar
20.Rafuq Khan
S/o Abdurrehaman
Age: 26 years
Jama Masjid Ke Pas
Tonk Dist. Malpura, Rajasthan
21.Ruth S/o Sampath
Age: 27 years
Near Mangal Pet
Railway Gate, Bidar
22.Syed Ahmed
S/o Mohd. Sharif
Age: 27 years
Opp: Govt. High School
Tonk District Malpura, Rajasthan
23.Sameer Khan S/o Karamdeen
Age: 34 years
Gulab Bhai Gunalli Road
Shahapur Gate, Bidar
W.P. Nos.84200/12, 84203-213/12
& 86132-165/12 C/w W.P. No.84191/12
4
24.Kumari Minakshi
D/o Kameshwar Tiwari
Age: 23 years
Pooja Kirana Store
Neharu Chowk, No.18 Road
Chattisgad (MP)
25.Klahalikar Shyam
S/o Bhagwan Rao
H.No. Nd42 (12/1 Vibhav Nagar
Hudko New Nanded
26.Neetu bai
S/o Prithvi Raj Meena
Age: 22 years
Indra Nagar Colony
Sawai Madhopur
Rajasthan
27.Amita Meena
S/o Pralahad Meena
Age: 21 years
Near Jamwai Degree College
Sawai Madhopur
Rajasthan
28.Saleena Joseph
D/o Joseph P.G.
Age: 22 years
Padavapurayakal, Nellimala (H)
Chiragirambu (PO) Maramon
Pathanamthitta (Dist.) Kerala
29.Surya M. Thankappan
D/o M.R. Thankappan
Age: 23 years
Mundaplakal (H) Manavelikkutiyil
Punnakkadu (PO) Kozhencherry
Pathanam Thitla (Dist), Kerala
30.Brinta Jacob D/o Jacob
Age: 24 years
Valayil (H) Chingavanama (PO)
Kottayam (Dist), Keral
W.P. Nos.84200/12, 84203-213/12
& 86132-165/12 C/w W.P. No.84191/12
5
31.Rony Babu
S/o Babu K.K.
Age: 22 years
Kappakkala Poovanthuruth P.O.
Kottayam (Dist), Keral
32.Sreeja S. Nair
D/o Sivan Pillai
Age: 27 years
Nellikala P.O. Nellikala
Pathanamathitta (Dist), Keral
33.Nithya M. D/o Mohanan
Age: 24 years
Malayil Mayacottu
Nellikala P.O.
Pathanamathitta (Dist), Keral
34.Soumya Mola M.R. D/o Raghu
Age: 23 years
Mundackal Padinjarethil (H)
Eraviperooz P.O. Thiruvalla
Pathanamathitta (Dist), Keral
35.Pathan Vasimkhan Naimkhan
S/o Naimkhan, Age: 22 years
Md. Masjid Flower Quaiters
Tq. Ambajogi, Dist. Beed
Maharastra
36.Sini T. Varghese
D/o Thomas Varghese
Age: 24 years, Thargilathu (H)
Kangeethukara P.O.
Ayzooz North, Pathanamathitta
Dist., Keral State
37.Sumati D/o Ashok
Age: 20 years
R/o Chitguppa
Tq. Humnabad, Dist. Bidar
W.P. Nos.84200/12, 84203-213/12
& 86132-165/12 C/w W.P. No.84191/12
6
38.Dolly Rose Mary
D/o Mahimadass
Age: 24 years
Husri Camp, Raichur
39.Shilparani D/o Ravi
Age: 25 years
Shahapur, Dist. Bidar
40.Priyanka D/o Jaivanth
Age: 32 years
Khashampur, Dist. Bidar
41.Deepak Kumar S/o Nilkanth
Age: 32 years
Aurad (B), Dist. Bidar
42.Santosh S/o Nagshetty
Age: 25 years
Inside Naya Kaman Bidar
43.Mohd. Haji
S/o M.A. Gafur
Age: 24 years
B.S.S.K. Quarter
R/o Ballikhed (B)
44.Anand S/o Subhash
Age: 23 years
Vidya Nagar Colony
Bidar
45.Nagappa S/o Arun
Age: 24 years
R/o Andoor
Tq. & Dist. Bidar
46.Sunil S/o Tulsiram
Age: 23 years
Behind Nandi Petrol Pump
Khaji Colony, Dist. Bidar
... PETITIONERS
(Sri Amresh S. Roja, Adv. for P1 to P12;
Sri. Girish K. Hiregoudar, Adv. for P13 to P46)
W.P. Nos.84200/12, 84203-213/12
& 86132-165/12 C/w W.P. No.84191/12
7
AND:
1. The State of Karnataka
Represented by Principal Secretary
Department of Medical Education
Vikas Soudha, Bangalore-1
2. The Karnataka State of Nursing Council
Gandhi Nagar, Bangalore - 560 009
Represented by the Registrar
3. The Karnataka State Diploma Nursing
Examination Board, II Floor
Govt. School of Nursing Building
Victoria Hospital Compound
Bangalore - 560 001
4. C.V. Raman B.Sc. Degree College
Noor Colony
Near Horticulture Centre
Halladkeri (K)
Bidar - 585 401
5. The Deputy Commissioner
Bidar - 585 401
... RESPONDENTS
(Sri Mallikarjuna Sahukar, HCGP for R1, R3 & R5
Sri. Shivarudra, Adv. for R2 &
Sri. A.M. Nagaral, Adv. for R4)
These Writ Petitions are filed under Articles 226 & 227 of the
Constitution of India, praying to issue a writ in the nature of
certiorari or any other appropriate writ, order and direction, quash
the Official Memorandum No.KSDNEB/20/2012-13 dated
16.08.2012 under Annexure-D and Circular dated 27.08.2012 in
No.KSDNEB/2012-13 issued by the 3rd respondent under
Annexure-E and etc.
W.P. Nos.84200/12, 84203-213/12
& 86132-165/12 C/w W.P. No.84191/12
8
IN W.P. No.84191/2012
BETWEEN:
Noor Educational Trust (R)
C.V. Raman B.Sc. Degree Science College
Noor Colony, Near Horticulture Center
Halladkere (K), Hyderabad Road, Bidar
By its Principal
... PETITIONER
(By Sri. A.M. Nagaral, Adv.)
AND:
1. State of Karnataka
Dept. of Medical Education
Vidhana Soudha, Bangalore
By its Secretary
2. Deputy Commissioner
Gulbarga
3. Karnataka State Diploma in Nursing
Examination Board, 2nd Floor
Govt. School of Nursing Building
Victoria Hospital, Bangalore
(KSDNEB) by its Secretary
4. Karnataka Nursing Council
Bangalore, By its Registrar
... RESPONDENTS
(Sri. Mallikarjuna Sahukar, HCGP for R1 to R3;
Sri. Shivarudra, Adv. for R4)
This Writ Petition is filed under Articles 226 & 227 of the
Constitution of India, praying to call for records and issue a writ of
certiorari, quashing impugned order Official Memorandum dated
16.08.2012 in No.KSDNEB/20/2012-13, passed by the
respondent No.3 vide Annexure-G regarding cancellation of exams
for 1st year to 3rd year GNM, annual examination conducted at
petitioner center and etc.
W.P. Nos.84200/12, 84203-213/12
& 86132-165/12 C/w W.P. No.84191/12
9
These petitions coming on for Orders this day, the Court
made the following:
ORDER
1. Thirty four students studying in 1st and 2nd year of three years Diploma in GNM (General Nursing and Midwifery) Courses have filed I.A.2/2012 praying for being impleaded as co-petitioners in the writ petitions filed by the different colleges, which have been conducting these courses.
2. In fact, the petitioner - colleges have taken up the cause of all these students who want to come on record as co- petitioners and who are affected by the impugned Official Memorandum dated 16.08.2012 produced at Annexure - D cancelling their examination and the Circular dated 27.08.2012 produced at Annexure-E announcing the time table for re- examination of the courses in question.
3. Having regard to the fact that thes applicant-students are directly affected by the impugned Official Memorandum and the Circular that are challenged in these writ petitions by the respective Nursing Schools, in my considered view, these students are proper and necessary parties. Hence, they are entitled to come on record as co-petitioners by paying separate W.P. Nos.84200/12, 84203-213/12 & 86132-165/12 C/w W.P. No.84191/12 10 set of court fee of Rs.100/- each within two days from today. On payment of Court fee, the Registry shall assign separate numbers to each one of these applicants. I.A.2/2012 is accordingly allowed. Petitioners are permitted to file the amended cause title of these writ petitions by the end of the day.
4. In W.P. No.84191/2012, learned Government Pleader is directed to take notice for respondents 1 to 3 and Sri Shivarudra, learned counsel takes notice for respondent No.4.
5. As the question raised in W.P.No.84191/2012 is similar to the batch of Writ Petition Nos.84200/2012, 84203-84213/2012 and 86132-86165/2012, the same are clubbed together for the purpose of disposal.
6. Learned Counsel for the petitioners submit that the matter is very urgent, in as much as the petitioner-students are required to undergo re-examination after their previous examination came to be cancelled by the impugned Official Memorandum dated 16.08.2012.
W.P. Nos.84200/12, 84203-213/12 & 86132-165/12 C/w W.P. No.84191/12 11
7. Keeping in mind the urgency in the matter and with the consent of the learned counsel for all the parties, these writ petitions are heard finally.
8. Petitioners 1 to 12 are the Nursing Schools, which are conducting nursing courses Diploma in General Nursing and Midwifery at Bidar. Petitioners 13 to 46 are the students, who are studying in the above Nursing Schools. Since they have common grievance, they have joined together to file these writ petitions.
9. For the purpose of conducting examinations for the Diploma course in General Nursing and Midwifery, the 3rd respondent- Karnataka State Diploma Nursing Examination Board (hereinafter referred to as 'the Board') identified the 4th respondent C.V. Raman B.Sc. Degree College as an Examination Centre. Initially, petitioners 9 to 12 - Schools were attached to the 4th respondent - C.V. Raman B.Sc. Degree College for the purpose of conducting the examination for the academic year 2011-12. The examinations were scheduled from 07.08.2012 to 11.08.2012. It is relevant to notice that the admissions made by the petitioner - Nursing Schools had not been approved. These schools along with the admitted students approached this Court in W.P. Nos.83496- 506/2012 C/w W.P. Nos.83575-607/2012. This Court allowed W.P. Nos.84200/12, 84203-213/12 & 86132-165/12 C/w W.P. No.84191/12 12 the said writ petitions and the admissions of the students were approved pursuant to the directions issued by this Court. The students of petitioners' 1 to 8 Schools were also attached to the 4th respondent C.V. Raman B.Sc. Degree College for the purpose of taking up examinations. In other words, for all the Nursing Schools (petitioners 1 to 12), C.V. Raman B.Sc. Degree College was made the centre for conducting the examinations for three years courses in Diploma in GNM.
10. The Deputy Commissioner, Bidar vide his report dated 10.08.2012 addressed to the Secretary of the 3rd respondent- Board informed that in C.V. Raman B.Sc. Degree College, 649 students were allowed to take examination on 07.08.2012 and on 08.08.2012, 674 students were allowed to take examination and similarly, on 09.08.2012 and 10.08.2012, 208 and 624 students respectively were allowed to take examination, but in the centre, only eight rooms capable of accommodating 30 students each were available and therefore, there was no sufficient space for conducting examination in a proper way. Hence, he recommended for cancellation of the examination conducted in C.V. Raman B.Sc. Degree College.
W.P. Nos.84200/12, 84203-213/12 & 86132-165/12 C/w W.P. No.84191/12 13
11. Based on this report/recommendation, the 3rd respondent- Board has issued the Official Memorandum dated 16.08.2012 canceling the examination conducted in the centre. This Official Memorandum is produced at Annexure - D.
12. Subsequently, the 3rd respondent-Board has issued the impugned Circular - Annexure-E dated 27.08.2012 notifying re- examination and issuing the timetable for the same, which was to commence from 03.09.2012. The petitioner-Schools have approached this Court and this Court has granted an interim order staying the re-examination scheduled to be conducted.
13. It is in this background, the petitioners are challenging Annexures- D and E orders cancelling the examination and the decision to held re-examination by notifying the dates for re- examination.
14. I have heard the learned counsel for the petitioners and the learned counsel appearing for the respondents.
15. It is apparent from the materials on record that the Deputy Commissioner has made his recommendation on 10.08.2012 without verifying from the observer appointed for supervising the examinations conducted in the centre or from the invigilators or the Principals of the petitioner-Schools regarding the W.P. Nos.84200/12, 84203-213/12 & 86132-165/12 C/w W.P. No.84191/12 14 infrastructures provided for conducting the examination and as to how the examination was not conducted in accordance with the prescribed procedure, nor has the Deputy Commissioner referred to any violation of the prescribed procedure regarding the conduct of examination before making recommendation to cancel the examination conducted.
16. It is also apparent from the decision taken from the 3rd respondent-Board that it has not satisfied itself independently, apart from the mere perusal of the report and recommendation submitted by the Deputy Commissioner as regards the violation of any rules or the procedure prescribed for conducting the examination, nor has it come to any conclusion that there was any malpractice resorted to during the course of examination, which warranted extreme action of cancellation of the examination conducted in the centre.
17. It is thus clear that there is absolutely no application of mind to the relevant materials and there is nothing to show that the examination conducted was vitiated due to certain illegalities or malpractice committed.
18. Coming to the seating arrangements made in the centre, the Deputy Commissioner seems to have been carried away by the W.P. Nos.84200/12, 84203-213/12 & 86132-165/12 C/w W.P. No.84191/12 15 allotment of seats made in the centre and not by the number of students who took examinations in the morning and afternoon sessions. In fact, this is apparent from the report submitted by the Examination Superintendent attached to the office of the Deputy Commissioner, Bidar on 28.08.2012 addressed to the Deputy Commissioner, which is produced as an enclosure to Annexure-H. In fact, after considering the detailed report submitted by the Examination Superintendent, wherein it is brought out that there were eight big rooms which could accommodate about 300-350 students and three small rooms which could accommodate about 100-150 students and thus the space available could accommodate about 550-650 students, the Deputy Commissioner has addressed another communication dated 28.08.2012 to the Secretary of the 3rd respondent-Board virtually withdrawing his recommendation in respect of examination conducted except the one conducted on 07.08.2012.
19. It is thus, apparent from Annexure-H communication of the Deputy Commissioner and the report of the Superintendent of Examination dated 28.08.2012 before cacelling the examinations conducted to the courses, the nature of the accommodations available and the violation of the prescribed procedure, if any, for conducting the examination were not verified by the Competent W.P. Nos.84200/12, 84203-213/12 & 86132-165/12 C/w W.P. No.84191/12 16 authorities. The 3rd respondent-Board has proceeded to simply accept the recommendation made by the Deputy Commissioner, which was not preceded by any enquiry or investigation. The Deputy Commissioner had no legal material before him to make such a recommendation for cancellation of the examination nor did the 3rd respondent-Board take note of any such material which was gathered by it, by following the prescribed procedure before cancelling the examinations.
20. Hence, it is just and appropriate to set aside the cancellation of the examination and direct the 3rd respondent-Board to reconsider the matter after taking note of all the relevant material, particularly, the report of the Superintendent of Examination dated 28.08.2012 and other materials, if any.
21. It has to be stated that in view of the fact that large number of students have appeared for the examinations and the academic session for further courses have already commenced, the 3rd respondent-Board has to take a decision in the matter within a week from the date of receipt of copy of this order keeping in mind the relevant factor as to whether the students have resorted to any illegal methods or malpractices while writing the examinations on account of the fact that all the 12 Nursing Schools were attached W.P. Nos.84200/12, 84203-213/12 & 86132-165/12 C/w W.P. No.84191/12 17 to one centre at Bidar. The 3rd respondent shall also ensure that in future while allocating the examination centres, precaution is taken to see that the examination centers are not unduly crowded by attaching all the students to one single college.
The writ petitions are accordingly allowed.
Sd/-
JUDGE LG