Dismissed

Smt Nagarathnamma College of Nursing v. Rajiv Gandhi University of Health Sciences

Karnataka HC10 Nov 2022WP/2185/2022

Case brief

AI extract

What is this about?

This order deals with three connected writ petitions filed by students regarding admission/approval to health sciences courses. Petitioners sought approval from the University for their admission and the right to continue studies. The Court issued Orders allowing withdrawal of all three petitions.

What did the court decide?

Leave to withdraw the writ petitions granted; all three writ petitions dismissed as withdrawn.

Smt Nagarathnamma College of Nursing Vs Rajiv… — Education and Admissions | Karnataka HC (2022)

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WP No. 19052 of 2022 C/W WP NOS.24437 OF 2021 AND 2185 OF 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.19052 OF 2022 (EDN-RES)

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C/W

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WRIT PETITION NO.24437 OF 2021 WRIT PETITION NO.2185 OF 2022

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IN WP NO.19052 OF 2022

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BETWEEN:

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Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka

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ACHARYA INSTITUTE OF ALLIED HEALTH SCIENCES NO.89 AND 90, ACHARYA DR. SARAVEPALLI RADHAKRISHNAN ROAD, ACHARYA PO, SOLDEVANAHALLI, BENGALURU - 560 107. REP. BY ITS PRINCIPAL DR. MALLIKARJUNAIAH H.S. S/O SHANKARAPPA AGED ABOUT 50 YEARS.

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APARNA J. MENON D/O JAYACHANDRAN MENON AGED ABOUT 19 YEARS.

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ABHINAV V.S. S/O SANAL V.D.

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AGED ABOUT 19 YEARS.

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HANEENA M. D/O KUNHAYIN

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AGED ABOUT 20 YEARS.

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WP No. 19052 of 2022 C/W WP NOS.24437 OF 2021 AND 2185 OF 2022

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MOHAMMED FADIL S/O BASHEER AGED ABOUT 20 YEARS.

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KRISHNAPRIYA K.A. S/O ABHILASH K.A. AGED ABOUT 20 YEARS.

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ANSILA SALAM A. S/O ABDUL SALAM E. AGED ABOUT 19 YEARS.

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NAHLA SHIYAS D/O SHIYAS ABOOBAKER AGED ABOUT 19 YEARS.

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SAFA M. D/O SIDHEEQUE METHUKAYIL AGED ABOUT 20 YEARS.

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KIRAN CHAURASIYA S/O BUNILAL PRASAD CHAURASIYA AGED ABOUT 22 YEARS.

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PETITIONERS 2 TO 10 ARE STUDYING BACHELOR OF AUDIOLOGY AND SPEECH LANGUAGE PATHOLOGY AT ACHARYA INSTITUTE OF ALLIED HEALTH SCIENCES, NO.89 AND 90, ACHARYA DR. SARVEPALLI RADHAKRISHNAN ROAD, ACHARYA PO, SOLDEVANAHALLI, BENGALURU - 560 107.

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…PETITIONERS

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(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)

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WP No. 19052 of 2022 C/W WP NOS.24437 OF 2021 AND 2185 OF 2022

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AND:

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4^TH ‘T’ BLOCK, JAYANAGARA, BENGALURU - 560 041. REP. BY ITS VICE CHANCELLOR.

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THE REGISTRAR

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4^TH ‘T’ BLOCK, JAYANAGARA, BENGALURU - 560 041.

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…RESPONDENTS

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(BY SRI. B.S. SACHIN, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT-UNIVERSITY TO APPROVE THE ADMISSION OF THE PETITIONERS 2 TO 10 TO THE B.SCBACHELORS OF AUDIOLOGY AND SPEECH LANGUAGE PATHOLOGY COURSE, ADMITTED TO THE ACADEMIC YEAR 2021-22 AND TO DECLARE THAT THE PETITIONERS ARE ENTITLED TO CONTINUE IN THE COURSE OF STUDY WITHOUT INTERRUPTION; AND ETC.

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IN WP NO.24437 OF 2021

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BETWEEN:

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ACHARYA INSTITUTE OF ALLIED HEALTH SCIENCES NO.89 AND 90, ACHARYA DR. SARAVEPALLI RADHAKRISHNAN ROAD, ACHARYA PO, SOLDEVANAHALLI, BENGALURU - 560 107. REP. BY ITS IN-CHARGE PRINCIPAL MS. SRIPATHI SOWMYA PRIYA D/O SRIPATHI GIRIDHAR AGED ABOUT 33 YEARS.

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WP No. 19052 of 2022 C/W WP NOS.24437 OF 2021 AND 2185 OF 2022

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ARCHANAPAALI TEJASWINI D/O ARCHANAPALLI VENKATESH AGED ABOUT 21 YEARS

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STUDYING B.SC - ANESTHESIA AND OPERATION THEATRE TECHNOLOGY.

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SUSMITA RAI D/O PRASAD RAI AGED ABOUT 21 YEARS

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STUDYING B.SC - ANESTHESIA AND OPERATION THEATRE TECHNOLOGY.

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VANGAPALLY BHAVISHYA D/O VANGAPALLY SRIPATHI RAO AGED ABOUT 18 YEARS

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STUDYING B.SC - ANESTHESIA AND OPERATION THEATRE TECHNOLOGY.

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VADDE SYAM KUMAR S/O VADDE VENKATESULU AGED ABOUT 20 YEARS

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STUDYING B.SC - ANESTHESIA AND OPERATION THEATRE TECHNOLOGY.

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RAKSHITH Y.R. S/O RUDRESH Y.R. AGED ABOUT 22 YEARS STUDYING B.SC - IMAGING TECHNOLOGY.

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SHIBILY P.P. S/O PAILOT PUTHIYAPURAYIL AGED ABOUT 20 YEARS STUDYING B.SC - IMAGING TECHNOLOGY.

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SUSMA J.G. D/O JEYARAJ AGED ABOUT 19 YEARS STUDYING B.SC - IMAGING TECHNOLOGY.

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WP No. 19052 of 2022 C/W WP NOS.24437 OF 2021 AND 2185 OF 2022

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TEJAS K.S. S/O K.S. SURYA AGED ABOUT 20 YEARS STUDYING B.SC - IMAGING TECHNOLOGY.

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10. THUMATI KALYAN BABU

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S/O KOTESHWARA RAO AGED ABOUT 19 YEARS STUDYING B.SC - IMAGING TECHNOLOGY.

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PETITIONERS 2 TO 10 ARE STUDENTS OF THE ACHARYA INSTITUTE OF ALLIED HEALTH SCIENCES NO.89 AND 90,

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ACHARYA DR. SARVEPALLI RADHAKRISHNAN ROAD, ACHARYA PO, SOLADEVANAHALLI, BENGALURU 560 107.

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…PETITIONERS

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(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)

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AND:

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4^TH ‘T’ BLOCK, JAYANAGARA, BENGALURU - 560 041. REP. BY ITS VICE CHANCELLOR.

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THE REGISTRAR RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4^TH ‘T’ BLOCK, JAYANAGARA, BENGALURU - 560 041.

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…RESPONDENTS

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(BY SRI. Y.D. HARSHA, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE COMMUNICATION DATED 13^TH DECEMBER, 2021 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-G ONLY

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WP No. 19052 of 2022 C/W WP NOS.24437 OF 2021 AND 2185 OF 2022

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INSOFAR AS IT RELATES TO THE DISAPPROVAL OF THE ADMISSION OF THE PETITIONERS 2 TO 10 IS CONCERNED; DIRECT THE RESPONDENTS 1 AND 2 TO APPROVE THE ADMISSION OF THE PETITIONERS 2 TO 10 TO B.SC COURSE FOR THE ACADEMIC YEAR 2020-21 IN THE DISCIPLINE OF ‘IMAGING TECHNOLOGY’ AND ‘ANESTHESIA AND OPERATION THEATRE TECHNOLOGY’, RESPECTIVELY AND DECLARE THAT THE PETITIONER-STUDENTS ARE ENTITLED TO CONTINUE IN THE COURSE OF STUDY WITHOUT INTERRUPTION, AND ETC.

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IN WP NO.2185 OF 2022

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BETWEEN:

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SMT. NAGARATHNAMMA COLLEGE OF NURSING ACHARYA DR. SARVEPALLI RADHAKRISHNAN ROAD, ACHARYA PO, SOLDEVANAHALLI, BENGALURU - 560 107. REP. BY ITS PRINCIPAL SMT. DEVI NANJAPPAN D/O NANJAPPAN R. AGED ABOUT 43 YEARS.

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S. VISHWAS REDDY S/O R. SRINIVASAN AGED ABOUT 20 YEARS.

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JUVDEEP KAUR D/O JAGSIR SINGH AGED ABOUT 21 YEARS.

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POLI PARVIN D/O S.K. BISHU AGED ABOUT 19 YEARS..

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TRISHNA PATHAK D/O TAPAS KUMAR PATHAK AGED ABOUT 19 YEARS.

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WP No. 19052 of 2022 C/W

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WP NOS.24437 OF 2021 AND 2185 OF 2022

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MD. AMUD HOSSIN MOLLICK S/O HOSSIN MOLLICK AGED BOUT 20 YEARS.

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BABIN PAIN S/O SANJIT PAIN AGED ABOUT 21 YEARS.

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ADHIL M.P. S/O ABBAS M.P. AGED ABOUT 21 YEARS.

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ADHIL ERANHIKKAL S/O KUNHI MUHAMMED E. AGED ABOUT 20 YEARS.

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AJMAL A. S/O ABDUL SALAM A. AGED ABOUT 21 YEARS.

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AMEESHA MANOJ D/O MONOJKUMAR P. AGED ABOUT 20 YEARS.

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DELS SAJI D/O SAJI JAMES AGED ABOUT 20 YEARS.

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FEMIN FATHIMA M. D/O MUHAMMED KUNJU K. AGED ABOUT 21 YEARS.

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K.S. ABHIJITH S/O SAJIKUMAR K. AGED ABOUT 20 YEARS.

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KOMAL KUMARI D/O SIKENDER MAHTO

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WP No. 19052 of 2022 C/W WP NOS.24437 OF 2021 AND 2185 OF 2022

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AGED ABOUT 23 YEARS.

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MAHADHOOM MUSTHAFA E. S/O MUSTHAFA E. AGED ABOUT 20 YEARS.

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MEGHA CHERIYAN D/O CHERIYAN CHACKO AGED ABOUT 21 YEARS.

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MEGHA MANOJ D/O MANOJ M.B. AGED ABOUT 20 YEARS.

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MOHAMMED SINAN P. S/O SAINUDHEEN P. AGED ABOUT 19 YEARS.

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MUHAMMED BILAL M.K. S/O JAMAL AGED ABOUT 20 YEARS.

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MUNEERA SHOUKATH D/O SHOUKATH AGED ABOUT 20 YEARS.

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NASWEEH P. S/O NAEEM AGED ABOUT 20 YEARS.

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OINDRILA MITRA D/O JAYATHA KUMAR MITRA AGED ABOUT 20 YEARS.

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PRIYANKA NIROLA D/O KESHAB NIROLA AGED ABUT 21 YEARS.

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WP No. 19052 of 2022 C/W WP NOS.24437 OF 2021 AND 2185 OF 2022

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REETHUMOL ELGIN D/O ELGIN K.C. AGED BOUT 20 YEARS.

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SALMAN FARIS A. S/O ABDUL SALIM M.S. AGED ABOUT 0 YEARS.

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SANGITA PATRA D/O KALYAN PATRA AGED ABOUT 21 YEARS.

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SANTANU PANDA S/O BIBEK PANDA AGED ABOUT 20 YEARS.

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SIVALESHMI S. D/O SIVAPRASAD S. AGED ABOUT 21 YEARS.

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STEEVO JOY S/O JOY K.J. AGED ABOUT 19 YEARS.

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SUFIYAN SAMAD S/O ABDUL SAMAD AGED ABOUT 22 YEARS.

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SUKRITHA RAJ D/O RAJAN K.P. AGED ABOUT 20 YEARS.

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SWARNASREE PATHAK D/O SANJOY PATHAK AGED ABOUT 21 YEARS.

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TRISHA GHOSH D/O TUSHAR K.R. GOSH AGED ABOUT 21 YEARS.

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10 -

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WP No. 19052 of 2022 C/W WP NOS.24437 OF 2021 AND 2185 OF 2022

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PETITIONERS 2 TO 34 ARE STUDYING B.SC NURSING COURSE AT SMT. NAGARATHNAMMA COLLEGE OF NURSING ACHARYA DR. SARVEPALLI RADHAKRISHNAN ROAD, ACHARYA PO, SOLDEVANAHALLI, BENGALURU - 560 107.

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…PETITIONERS

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(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)

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AND:

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4^TH ‘T’ BLOCK, JAYANAGARA, BENGALURU - 560 041. REP. BY ITS VICE CHANCELLOR.

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THE REGISTRAR RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

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4^TH ‘T’ BLOCK, JAYANAGARA,

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BENGALURU - 560 041.

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SPATIKA COLLEGE OF NURSING SPATIKA EDUCATIONAL AND CHARITABLE TRUST SY. NO.33/3, SITE No.6 & 7, 4^TH CROSS, VISVESHWARAIAH EXTENDED LAYOUT,

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MALATHAHALLI, BENGALURU - 560 056. REP. BY ITS PRINCIPAL.

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GOVERNMENT OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. REP. BY ITS SECRETARY.

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…RESPONDENTS

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(BY SMT. FARAH FATHIMA, ADVOCATE FOR R1 & R2; SMT. A.R. SHARADAMBA, AGA FOR R4;

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11 -

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WP No. 19052 of 2022 C/W WP NOS.24437 OF 2021 AND 2185 OF 2022

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VIDE ORDER DATED 21.10.2022, NOTICE TO R3 IS DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS 1 AND 2 TO APPROVE THE ADMISSION OF THE PETITIONERS 2 TO 34 ADMITTED TO THE B.SC NURSING COURSE FOR THE ACADEMIC YEAR 2020-21 RESPECTIVELY BY PERMITTING UPLOADING OF THE NAMES OF THE PETITIONERS ON TO THE WEB PORTAL OF THE RESPONDENT-UNIVERSITY AND TO DECLARE THAT THE PETITIONERS ARE ENTITLED TO CONTINUE IN THE COURSE OF STUDY WITHOUT INTERRUPTION; AND ETC.

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THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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Learned counsel appearing for the petitioners has filed Memo dated 07^th November, 2022 in respective petitions, seeking leave of the Court to withdraw the petitions stating that the prayer made in these petitions has become infructuous. Memos are placed on record.

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Writ petitions are accordingly, dismissed as withdrawn in terms of the memo filed in respective petitions.

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SD/JUDGE

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ARK

Smt Nagarathnamma College of Nursing v. Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

What did the court decide?

Smt Nagarathnamma College of Nursing v. Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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