Disposed

Colaco College v. the State of Karnataka

Karnataka HC23 Sept 2022WP/14298/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka, on a writ petition, directed the State of Karnataka to expeditiously decide and grant approval for enhancing B.Sc Nursing intake to 40 seats at the petitioner institution, given prior approval from the university.

What did the court decide?

Directed respondent No.1-State to decide on the intake enhancement of 40 seats for 2022-23 and pass orders on or before 30.09.2022.

Colaco College Vs the State of Karnataka — Education and Admissions | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF SEPTEMBER 2022

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO.14298 OF 2022 (EDN-RES)

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BETWEEN:

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COLACO COLLEGE KANKANADY BYPASS ROAD, MANGALORE - 575 002

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REPRESENTED BY ITS PRINCIPAL MRS SHRADDHA KUNDER ULLAL

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... PETITIONER

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(BY SRI T.KRISHNA, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA DEPARTMENT OF HEALTH & FAMILY WELFARE MEDICAL EDUCATION, M S BUILDING, BANGALORE - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY

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2 . THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4^TH T BLOCK, JAYANAGAR, BANGALORE - 560 011 REPRESENTED BY ITS REGISTRAR

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...RESPONDENTS (BY SMT. SHWETHA KRISHNAPPA, AGA FOR R-1 SRI. Y.D.HARSHA, ADVOCATE FOR R-2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENT NO.1 GOVERNMENT OF KARNATAKA TO PASS APPROPRIATE ORDER GRANTING APPROVAL TO THE PETITIONER INSTITUTION FOR ENHANCEMENT OF THE INTAKE FOR B.Sc NURSING COURSE IN MEDICAL LABORATORY TECHNOLOGY, FOR THE ACADEMIC YEAR 2022-23 WITH AN INTAKE OF 40 SEATS, WHICH IS PERMITTED AND APPROVED BY THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, RESPONDENT NO.2 HEREIN; b) GRANT SUCH OTHER RELIEF'S AS THIS HON'BLE COURT WOULD BE PLEASED TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this writ petition, petitioner has sought for the following reliefs:

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“(a) Issue a Writ of mandamus, directing respondent No.1 Government of Karnataka to pass appropriate order granting approval to

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the Petitioner Institution for enhancement of the intake for BSc Nursing course in Medical Laboratory Technology, for the academic year 2022-23 with an intake of 40 seats, which is permitted and approved by the Rajiv Gandhi University of Health Sciences, Respondent No.2 herein.

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(b) Grant such other relief’s as this Hon’ble Court would be pleased to grant in the circumstances of the case, in the interest of justice and equity”.

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Heard Sri.T.Krishna, learned counsel for the petitioner, learned AGA for the 1^st respondent – State and learned counsel for respondent No.2. Perused the material on record.

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In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invites my attention to the material on

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record in order to point out that pursuant to the application/request of the petitioner for grant of enhancement of the intake for BSc Nursing Course in Medical Laboratory Technology for the academic year 2022-23 with an intake of 40 seats, which is permitted and approved by the Rajiv Gandhi University of Health Sciences. Pursuant thereto, the 2^nd respondent – RGUHS has addressed a letter dated 08.12.2020 to the 1^st respondent – State who has not taken any steps in this regard and as such, the petitioner is before this Court by way of the present petition. In support of his contentions, learned counsel for the petitioner places reliance upon the following decisions:-

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(i) Navodaya Medical College vs. RGUHS & others – W.P.No. 15341/2022 dated 16.08.2022; (ii) Vydehi Institute of Medical Sciences and Research Centre and another vs. RGUHS – W.P.No.14961/2022 dated 16.08.2022;

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(iii) MVJ Medical College and Research Hospital vs. RGUHS – W.P.No.16220/2022 dated

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18.08.2022, and

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(iv) Harsha College of Pharmacy vs. State of Karnataka & Others – W.P.No.14896/2022 dated 05.09.2022.

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Per contra, learned AGA for the 1^st respondent – State submits that if reasonable time is granted, the State shall address the grievances of the petitioner and take appropriate steps / decision and pass appropriate orders in accordance with law. The said submission is placed on record.

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In view of the aforesaid facts and circumstances and the submissions made at the bar, I deem it just and appropriate to dispose of this petition directing the respondent No.1 – State to address the grievances of the petitioner and take appropriate decision / pass appropriate orders on grant of enhancement of the intake for BSc Nursing

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Course in Medical Laboratory Technology, for the academic year 2022-23 with an intake of 40 seats in accordance with law as expeditiously as possible and at any rate, on or before 30.09.2022.

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Subject to the aforesaid directions, the

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petition stands disposed of.

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Sd/JUDGE

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Colaco College v. the State of Karnataka

Case brief

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What did the court decide?

Colaco College v. the State of Karnataka

Case brief

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