The High Court disposed of this writ petition by relying on a prior Co-ordinate Bench order in W.P.No.554/2022 which fixed the eligibility of the students, finding no need for separate intervention.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 100160 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT
CHANDANGOUDAR
WRIT PETITION NO. 100160 OF 2022 (EDN-EX)
BETWEEN:
HOSAPETE, BALLARI-583201 R/BY ITS PRINCIPAL SRI. NAGABHUSHANA G. S/O. GONDAIAH G. AGED ABOUT 31 YEARS.
2 PUNGHERA ALPHA BEN RAMESHBHAI S/O RAMESH BHAI AVANIA, JUNAGADH, MALIA, GUJARAT-362245.
WP No. 100160 of 2022
NEW BASTEN, VITHALPUR, JUNAGADH,GUJARATH-362720
WP No. 100160 of 2022
D/O MACHHI MANOJNHAI 386 VIRBHAGATSINH, KISHANWADI POLICE CHOWKI, AJWA ROAD, VADODRA, GUJARAT-390019
…PETITIONER (BY SRI. L.S.VENKATAKRISHNA S.KUMAR, NKUMAR AND A.M.VASANT, ADVOCATES)
WP No. 100160 of 2022
AND:
KARNATAKA STATE NURSING COUNCIL NO.71, NIGHTINGALE TOWERS, A STREET, 6TH CROSS, NEAR MOVIE LAND THEATER, GANDHINAGAR, BENGALURU-560009.
…RESPONDENTS (BY SRI.SUMAN M.BALIGA, ADVOCATE FOR R1; SRI.YOGESH D.NAYAK, ADVOCATE FOR R2; SRI.M.H.PATIL AGA FOR R3)
THIS WP IS FILED PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE. A ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING THE RESPONDENT NO.2 TO GENERATE THE REGISTRATION NUMBERS OF 24 STUDENTS I.E., AS PER LIST OF STUDENTS VIDE ANNEXURE-B IN GENERAL NURSING AND MIDWIFERY (GNM) ADMITTED IN THE PETITIONERS SCHOOL FOR THE ACADEMIC YEAR 2020-2021.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 100160 of 2022
ORDER
This writ petition is filed for issuing the writ of mandamus directing the respondent No.2 to generate the registration Numbers of 24 students i.e. petitioner Nos.2 to 25 as per the list of students at Annexure-B in General Nursing and Midwifery (GNM), admitted to the petitioner No.1-School for the academic year 2020.2021 and further permit the petitioner Nos.2 to 25 to appear for annual examination scheduled to be held from 17.01.2022 to 31.01.2022. The issue involved in this writ petition that the petitioner No.1 could not upload the details of petitioner Nos.2 to 25 beyond the control of petitioner No.1 was examined by the Co-ordinate Bench of this Court in W.P.No.554/2022. The Co-ordinate Bench of this Court by order dated 13.06.2022 disposed of the writ petition by issuing the following directions:
(i) Petitioner No.1-Institution shall submit details of petitioner Nos.2 to 50 to respondent No.4-Karnataka Nursing and Para Medical Sciences Education (Regulation) Authority showing the date of their admissions, permitted intake and the eligibility of the students.
(ii) upon receipt of the said details, respondent No.4-Karnataka Nursing and Para Medical (Regulation) Sciences Authority Education shall verity whether admissions were made within the cut of date, whether the admissions is within permitted intake of
WP No. 100160 of 2022
the Institution and whether petitioner Nos.2 to 50 are eligible to appear for GNM Course and if their admissions are in accordance with law, the same shall be approved.
upon receiving the details of practical examination, respondent No.4- Karnataka Nursing and Para Medical Sciences Education (Regulation) Authority shall announce the result of Petitioner Nos.2 to 50 forthwith without waiting for the Institution to produce the details of the students asaforementioned and further, permit petitioner Nos.2 to 50 to appear in the remaining papers in the supplementary examination commencing in the month of June-2022.
Therefore this writ petition is also disposed of in terms of the order passed in W.P.No.554/2022.
In view of disposal of the matter, pending interlocutory applications, if any, do not survive for consideration and are dismissed accordingly.
Sd/- JUDGE
AC
K.L.S.School Nursing KLS Hospital Campus & Ors.
The Registrar, Karnataka State Nursing Council
The Secretary, Karnataka State Diploma in Nursing Examination Board
The Secretary, Medical Education
The Karnataka State Nursing and Para Medical Sciences Education Board
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
