Petitioner sought mandamus for special eligibility to take second-year B.Sc Nursing exams. Court directed the Respondent University to consider the petitioners request within one week.
To consider the petitioner's representation application dated 14.06.2023 within one week.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 27134 OF 2023 (EDN-RES)
BETWEEN:
LT. COL (RETD) BINDU P W/O RANJIT KRISHNAN, AGED ABOUT 49 YEARS, R/AT NO. 418, 8TH B MAIN, 1ST BLOCK, HRBR LAYOUT, KALAYANA NAGAR, BENGALURU 560 070 (BY SRI. ROHITH GOWDA B J., ADVOCATE)
…PETITIONER
AND:
Digitally signed by SUNITHA GANGARAJU Location: High Court of Karnataka
KALYANANAGAR BENGALURU 560 043
…RESPONDENTS
(BY SMT. FARAH FATHIMA, ADVOCATE FOR R1 SMT. SUMANA BALIGA, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 AND R2 TO CONSIDER THE REQUEST LETTER ISSUED BY THE PETITIONER DATED 14.06.23 PRODUCED AT ANNEXURE-G1, DIRECTING THE RESPONDENTS TO CONSIDER THE PETITIONERS CASE AS SPECIAL CASE AND PROVIDE HER ELIGIBILITY FOR COMPLETION OF THE COURSE AND CONSEQUENTLY PERMIT THE PETITIONER TO TAKE UP THE 2ND YEAR POST BASIC B.SC NURSING EXAMINATION WHICH IS SCHEDULED FORM 09.01.24 TO 23.04.24 AS PER TIME TABLE PRODUCED AS ANNEXURE-K.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner filed this writ petition seeking for a mandamus directing respondent Nos.1 and 2 to consider the representation vide Annexure-G1 dated 14.06.2023 and also sought for mandamus directing respondents to consider the petitioner's case as special case and provide her eligibility for completion of the course and consequently permit the petitioner to take up second year
NC: 2023:KHC:45436 WP No. 27134 of 2023
post basic B.Sc Nursing examination which is scheduled
from 09.01.2024 to 23.01.2024.
The petitioner appeared for the first year B.Sc Nursing examination and cleared all the papers in a single attempt. The petitioner submitted a letter to the respondent No.1-university requesting to consider her representation and to provide opportunity to take up her second year B.Sc Nursing examination which was scheduled on 15.06.2023. The respondent No.3-college also requested by issuing a request letter to the respondent No.1 and to accord permission to the petitioner to take up second year B.Sc Nursing examination. The petitioner submitted one more representation on 14.06.2023, but the respondent Nos.1 and 2 have not considered the representation submitted by the petitioner. Hence, this writ petition.
NC: 2023:KHC:45436 WP No. 27134 of 2023
also learned counsel for respondent Nos.1 and 2.
Sd/JUDGE
SKS
1 issue framed by the court
Whether the judiciary should direct the university to consider the petitioner's request for special eligibility for examinations.
Lt. Col (Retd) Bindu P W/o Ranjit Krishnan
Rajiv Gandhi University of Health Sciences Karnataka
Karnataka State Nursing Council
Ashok S. Kinagi
As recorded by the court registry
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