Partly allowed

Margadarshan Education Trust v. the Secretary

Karnataka HC6 Nov 2023WP/22467/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the writ petition in part, directing the Secretary, Medical Education, to consider a representation regarding DMLT student admissions within a week while permitting students to appear for II year examinations.

What did the court decide?

The petition was allowed in part directing Respondent No.1 to consider the representation within one week; students were permitted to take the II year DMLT examination.

Margadarshan Education Trust Vs the Secretary — Education and Admissions | Karnataka HC (2023)

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1 - NC: 2023:KHC:39410 WP No. 22467 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI

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WRIT PETITION NO. 22467 OF 2023 (EDN-RES)

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BETWEEN:

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MARGADARSHAN EDUCATION TRUST ADMINISTRATIVE OFFICE AT NO. 23 AND 31/1, 9^TH CROSS, HARSHA LAYOUT, KENGERI, BENGALURU 560060 REP. BY ITS CHAIRMAN, V.G KUDALGIMUTT

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AMBIKA GOVINDAPPA KENDHULI D/O GOVINDAPPA, AGED ABOUT 18 YEARS,

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Digitally signed by R DEEPA Location: High Court of Karnataka

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ARIF MAHIBOOBSAB TALIKOTI S/O MAHIBOOBSAB AGED ABOUT 18 YEARS,

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ANIL UMESH BHOVI S/O UMESH

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AGED ABOUT 18 YEARS,

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VIKAS RAMESH BEVOOR S/O RAMESH AGED ABOUT 18 YEARS,

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KARTHIK CHANDRU MADDIKAR S/O CHANDRU AGED ABOUT 18 YEARS,

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2 - NC: 2023:KHC:39410 WP No. 22467 of 2023

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ADEIVEPPA S/O MALLAPPA METI AGED ABOUT 22 YEARS,

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SHASHIDHAR CHANDRASHEKAR CHITTAPUR S/O CHANDRASHEKAR AGED ABOUT 18 YEARS,

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GANESHA KRISHNA SINDAGI S/O KRISHNA SINDAGI, AGED ABOUT 21 YEARS,

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MAHANTESH B KALLANAGOUDA S/O BASAVANAGOUDA, AGED ABOUT 24 YEARS,

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BHEEMANAGOUDA SULIBHAVI S/O MALLANAGOUDA, AGED ABOUT 18 YEARS,

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GIRISH GANGADHAR BENNUR S/O GANGADHAR BENNUR AGED ABOUT 19 YEARS

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ABHISHEK GOPAL LAMANI S/O GOPAL AGED ABOUT 18 YEARS

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SHWETA RAVI BANAGAR D/O RAVI AGED ABOUT 18 YEARS

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…PETITIONERS

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(BY SRI. SHIVARUDRA., ADVOCATE)

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AND:

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THE SECRETARY MEDICAL EDUCATION, GOVT. OF KARNATAKA, VIDHANA VEEDHI, BENGALURU 560 001

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NC: 2023:KHC:39410 WP No. 22467 of 2023

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THE MEMBER SECRETARY KARNATAKA NURSING AND PARAMEDICAL, SCIENCES EDUCATION (REGULATION) AUTHORITY, PARA MEDICAL BOARD, #40/20A, LAKSHMI COMPLEX, 1^ST FLOOR, OPP. VANI VILAS HOSPITAL, FORT, BANGALORE 560 002

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…RESPONDENTS

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(BY SMT. MAMATHA SHETTY, AGA FOR R1 SRI. YOGESH D. NAIK, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE 1^ST PETITIONER AT ANNEXURE-Q, DATED 23/08/2023 AND DIRECT THE R2 TO APPROVE THE ADMISSIONS OF THE PETITIONER STUDENTS FOR DMLT COURSE FOR THE ACADEMIC YEAR 2021-22 AND PERMIT THE PETITIONER STUDENTS TO TAKE UP THE EXAMINATION OF THE 2^ND YEAR DMLT COURSE AND DIRECT THE RESPONDENTS TO DECLARE THE RESULT OF THE 1^ST YEAR DMLT COURSE FOR THE STUDENTS WHO HAVE APPEARED FOR THE EXAMINATIONS DURING THE ACADEMIC YEAR 2021-22 AND ETC.

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

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O R D E R

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The petitioners have filed the present writ petition seeking for a mandamus directing respondent No.1 to consider the representation made by petitioner No.1 dated 23.08.2023, as per Annexure-Q, and to pass suitable orders, in accordance with law. Learned counsel for the

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4 - NC: 2023:KHC:39410 WP No. 22467 of 2023

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petitioners submits that insofar as prayers 3 and 4 are concerned, they have become redundant and hence he will not press prayers 3 and 4.

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Brief facts leading rise to filing of this petition are as under:

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Petitioner No.1 filed an application for starting Paramedical course, namely, Diploma in Medical Laboratory Technology ('DMLT' for short) for the academic year 2021-22. The respondents inspected the College and recommended to start DMLT course in the petitioner No.1 – College for the academic year 2021-22. On the recommendation made by the Inspection Committee, petitioner No.1 admitted 13 students, i.e., petitioners No.2 to 14 for the DMLT course. Petitioner No.1 has submitted a representation to respondent No.1, vide Annexure-Q. Respondent No.1 has not passed any order on the said representation. Hence this writ petition.

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Learned AGA submits that if reasonable time is granted to respondent No.1, respondent No.1 will consider

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5 - NC: 2023:KHC:39410 WP No. 22467 of 2023

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the representation and pass appropriate order, in

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accordance with law.

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The submission of learned AGA is placed on record.

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The writ petition is allowed in part. Respondent No.1 is directed to consider the representation dated 23.08.2023, Annexure-Q, and pass appropriate order, in accordance with law, within a period of one week from today.

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Meanwhile, respondents are directed to permit

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petitioners No.2 to 14 to take up examination of II year DMLT course and the same shall be subject to the outcome of the decision taken by respondent No.1 on Annexure-Q.

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SD/JUDGE

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Margadarshan Education Trust v. the Secretary

Case brief

What is this about?

What did the court decide?

Margadarshan Education Trust v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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