Karnataka High Court
Mother Teresa School Of Nursing And ... vs The Registrar, Karnataka State Nursing ... on 28 July, 2008
Author: N.K.Patil
Bench: N.K.Patil
BETWEEN:
1
'£11
12
in THE Hm: courlr 0? KARNATAKA
cmcmr amen AT aumnaen
DATED TI-its THE 28''" DAY OF JULY, 2008
:BEFORE:
me HON'BLl-.':' ma. Jusnce mc. PATH. S
W.P.NO. «sense of zoos (EDN~E)5(';----'<' S
MOTHER TERESA SCHOCR. DF NURSWG.
GANESH NAGAR, BIDAR 1 T '}
REF'. BY ITS PRINCIPAL
PRAVEEN SIO NARSiG
AGED ABOUT 18 YEARS
MANJUNATH sro REVANAWA ' ~ . _
AGED ABOUT :3 YEARS = A S.
_ 9.4;). 'I§2sVa_AN:'s:;Q,.Mo.j'M5}4Mc:saaH_
1' AGED ASSQUT Yams
VMD. KHUbD}§SA$!0.SfiRbA§2 .
AGED ABDLJT' 23'YEA~R_S'«
SANTGSFE saasfiéaao JEDHE
' " AGED KBQUT 22 YEARS
%.'A=RUs~.s. KUMARHSJC5 NAMDEV
_ map ABOUT 21 YEARS
' vv-.--$fs:aVoAs.s#o TUKARAM
AGES ABOUT 18 YEARS
V'-KIRANS KUMAR 3:0 ANKUSH
~ V AGED ABOUT 22 YEARS
Qnaavamma cm CHANDRAPPA
AGED ABOUT 23 was
VEJAYALAXMI DIG SUBHASH
AGED ABGUT 18 YEARS
ARUN KUMAR S10 MORAN
AGES ABOUT 19 YEARS
'E3
14
15
16
17
18
19
23 V_
E28.
-3-
CHITRAMMA W0 NAGAPPA
AGED ABOUT 24 YEARS
NAGNAYH S10 SUBHASH GNKWAD
AGED ASOUT 23 YEARS
SHWAJI S10 SAMRUT
AGED ABOUT 23 YEARS
BAYANABI SURYAWANSHI
SIC DATTATREE SURYAWANSHI
AGED ABOUT 32 YEARS
SHNRAJ S10 SHANKAR
AGED ABOUT 28 YEARS
MAHADEV S10 CH¥MMA¥'~lNA. MANKCJI E
AGEDABOUTWYEARS = "
MOHAN SID SHIVAPPA
AGED ABOUT 20 YEARS
saaums Dre APPAIQD GANTE "
AGED ABOUT 19 E
_ .A.R,u_§i' :4QM}.<a_s;o«.b&vé:qbaA99'r£
AGED.A;BQUT?;23 yams _
7.M'D. ASL§M'§V&HAN~Suf€3ER£§SHEED KHAN
AGED _ABt:>uT' 22'YEA--RS'« ''
SHiLPA RAN! i~}IO'RAVikUMAR
" AGED AE€)_l}T 22 YEARS
'M-ANJ.L}LA D:€5fiJKARAM
_ Asap Asour 22 mas
~ .~.."c;c: SHANKAR RAD
AG Aaom 20 YEARS
MJAYA KUMAR$ mo BAKKAPPA
.. AGED ABOUT 23 YEARS
émaazv KUMAR sxo BAKKAP'PA
AGED Aacm 29 was
BHAGiRATH! BK) VEERANNA
AGED ABOLFT 19 YEARS
SUREKHA DIO BASAPPA
AGED ABOUT 23 YEARS
30. USHA DIG KALYANI
AGED ABOUT 19 YEARS
31. ANJUMKHALEEL DIO SHEKH SARDAR
AGED ABOUT 28 YEARS
PETITIONER NOS. 2 to 31 ARE ST UDYINGNA».
FIRST YEAR GNM IN : ' '
MOTHER TERESA SCHOOL OF NURSING
GANESH NAGAR, BIDAR U
_ .Pa*fIfiQu~:&,Rs
(BY SRI. M.R.RAVIRAJU ADvocATE)"=._' " "I '
AND:
-1 THEREGISTRAR , V
KARNATA3-(A STATE: NURSING' EQQUNGIL I
SURIA§3ARTMENT=:_ ~
N0.7fL5THCFlQf5SA.ST'REET'. '
c;.A:s:nH:u_~:A:sm=2;_V __ »
BANGALQ¥§E--9 " » _ '
2 THESECRETARY '-
INDIAN w.uR.sI'Ne COUNCIL _'
_c<3Mai:~:Et3 CQUNCILS BUILDING
I-'.QTLA Raw TEMP-'L__E' LANE
NEW DELHI-2 --
3' ; " T.KARNAm<A'sTATE DIPLOMA NURSING BOARD
" , _ v:cToR:A'+:c>$9IIAL BANGALORE
' REP... av :73 SECRETARY
RESPONDENTS
A (SR1 steaééaaébaa ABV. FOR R4 AND 3 Sm. as. HAVERI ADV. FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF I' CONSTITUTION OF INDIA, PRAYING TO: DIRECT THE SECOND RESPONDENT TO ACCORD SUITABILITY PERWSSION TO THE FIRST I F"ETITlONER'S INSTITUTE AFTER DUE INSPECTION. FURTHER FIRST PETITIONER was sousur A DIRECTION TO THE FIRST RESPONDENT TO APPRGVE THE ADMISSION OF PETITIONERS-2 TC) 31 AND PERMIT THEM TO APPEAR we THE ENSUING EXAMINATION COMMENCING FROM 4*" AUGUST 2003 IN THE INTEREST or JUSTICE AND EQUITY. THIS WR¥T PETFHON CODMNG ON FOR PRELIMINARY HEARING TE-'HS DAY, THE COURT MAQE THE FOLLOWINGI' .=_Q8.Q._E8_-:
Though this matter is posted today Hearing, with the consent of Iezggjned éi'P9%§rjhg. for petifioners and learned 7,oo;2ns}eI'--.._appaa'?ing zfor ' respondents-1 and 3, "taken disposal, having regard natura nffixe reiief sought for by petitioners in ti?iis u .
--. petitioners have sought for 3 direction.._ tov " rmpondent to sanction tha_*first petitioner's-institution aftar due ' .:.Vins~pe.r;:t_'ian.A:Further, petitioners have sought for a direction .' Espmdem to approve the admissions of the to 31 and permit them to appear in the "anf$uing Examination commencing from 4"' August 2008, _;§in the interestofj ' equity.
3. The oniy grievance of the petitioners as rnegie eut by ieerned counsel appearing for petitioners _}*iie.5'ijnstant petition is that, first petrIJ' 'oner is the lnstJ Schooi of Nursing. After megneonin i pursuance of the respondent dated 17"! i:<fi\iV(Vi.V3:133:6'lV vids Annexure--B, admitted petitioners~2'_:to__ 31,.-afteirii of their requisite. exercising his 23(1) of Karnataka "i_-ieiaith Visitors Act, 1961 and Rules tiiereuntier,'~iies7sanctioned recognition to the first A subject to seven conditions. As mr of the said Notification, the first petitioner-
shah obtain suitabiiity under section 13 of the .. inciien: Nursing Council Act, from flue Indian Nursing "Council it is the case of the first petitioner-institution that, it has sent proposal in we prwcribed Form to the Secretary of fine indian Nursing Council, New Delhi as per Annexure--D atong with the copy of the Government Order, KNC approveilrecognition and demanc'a--r.a sum of Rs.25,0DOI--. inspite ib proposai seeking suitabiiity as pro\.fidg7id i' of 'd1e tndian Nursing courieiitirs-er. eerneenuuerng d Councii, first pefitipner--inetit§:tion._,L'hae received any information meanwhile, third reepondentrfieafd time tabte the First Year, which is 4"' August 2008. In view of oibtaitrrringiergiiaeility permission by the first peii"tioner¥institutiori- from the Indian Nursing Council, ., , reepondent nor the third respondent have ._ admissions of petitioners-2 to 31 or issued to these petitioners to appear in the ensuing A' 'exarnination. Having rward to dress backgrounds, ipefitioners herein felt necessitated to present this writ i petition, seeking appropriate relief. -7-
4. I have heard learned counsel appearing for petitioners and learned Standing Council respondents-1 and 3.
5. After careful perusal oiitlieiAirniafarialeiaiiaiiiialoiison '' file, what it emerges is i?'i'ati.._in obtained recognition. /zapprovafi«riinning school from the first 2007 hearing No. accordingly, it has admitted' arc the course. But their adniis<.;iare approved by the first ground that, first petitioner-
iriiifitutioiii has mi fulfliled Condition No.6 of the ~.iV§iofifi"cetion_vdated"«i7"' July 2007 and obtained suitability ._ under section 13 of the Indian Nursing from flue Indian Nursing Council. For no fauit tide petiti'oners~2 to 31 who are prosecuting their aiiudies, rmpondents~2 and 3 should not deprive their academic career, in View of not obtaining necessary permission by the first petitioner»-lnsfitution. -3-
6. Keeping in View the intarwt of me students i.e petitioners-2 to 31 and in the light of the recognition accordad by fine first respondent in pursuance..___of the notification issued as referred above, sinc_:!;§V:'V'thje:"'first petitioner-institution has aiready forwardwdfze of tha studants~ petitioners»-2 justice, it would strffioa directions are issued to 'ihdrgfore, tho writ petition filed bydm ' disoooed of, with the V herein is directed to Knnexurewc submitted by the first and dispose of the same, in = wii.':§1€'*é'0ordance with law and in 819 light of the it AiNo'l:ificat37on issued by the first rfipondent on 17.7.2007', as expeditiously as possibia, at any rate, wifiiin a period of fltree months from the date of receipt of a copy of this order, either prod the first petitioner or by (55) -9- fiwe Standing Counsel for respondents-1 and 3, whichever is earlier.
First respondent herein is directed to eyaluete the statement of applications peht' ioner in respect of petitione'r}s--2E3f!Eo':.e:f3"i if they are otherwise found .;ol:igxib:e,"-peI;rnit'j'._ them to appear in 'iihe:"--efnsui.r'::g;.:Exeris=ioeiiony commencing _"4" to fulfilling' of vfi'ieVAvvNotifioation Annexure-B issued by respondent is directed not to an'ooVu'hoe fine resuim of petitioners-2 to 31 I1 _ they are not entifled to claim for any 3 equity or sympathy in pursuance of the directions issued by this Court, if in case, second respondent has not accorded Suitability as provided under section 13 of the NC Act from th ien Nursing Council.
ts"!!!
--10- With these observations, the instant "petition filed by petitioners stands disposed of. Sri. Shivarudra and Sri. S.S.Haveri.ars'~::
fiie vakaiath for respondent 7. No.2 respectiveiy, within twa__yvesks"fmm 3
Registry is directed gpsfatiivs psrtion of the order forthwith.