Allowed

Bathel Medical Institute of Nursing Sciences v. the Registrar Rguhs

Karnataka HC12 Jun 2023WP/3801/2023

Case brief

AI extract

What is this about?

The High Court, via a committee verification, found students eligible for 2020-21 nursing admissions were within the deadline. The Court allowed writ petitions mandating the University to approve these admissions and issue hall tickets for examinations.

What did the court decide?

Directed the University to approve admissions for 1st year B.Sc. Nursing course for academic year 2020-21 and issue hall tickets by accepting examination fees.

Bathel Medical Institute of Nursing Sciences Vs… — Education and Admissions | Karnataka HC (2023)

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 3801 OF 2023 (EDN-RES)

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C/W

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WRIT PETITION NO. 3802 OF 2023

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IN WP NO.3801/2023 BETWEEN:

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BATHEL MEDICAL INSTITUTE OF NURSING SCIENCES SY. NO. 5/3, VIDHANASOUDHA LAYOUT, LAGGERE, BANGALORE - 560058 REP BY PRINCIPAL MRS. SHAMPALATHA AGED ABOUT 53 YEARS

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Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA

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ALEENA ANTONY D/O ANTONY AGED 26 YEARS

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WAR DANISH TARIQ S/O TARIQ AHMAD WAR AGED 20 YEARS

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FAISAL IMAM S/O MD MOQUEEM UDDIN AGED 19 YEARS

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SHREEJANA SONARI D/O IBHRAJ SONARI AGED 22 YEARS

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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SHWETA KUMARI D/O KANHAIYA SINGH AGED 20 YEARS

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N GLANCY D/O RAMESH NAG AGED 20 YEARS

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PRIYANKA KUMARI D/O BHAGWAN SINGH AGED 22 YEARS

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JHUN JHUN KUMARI D/O RAM PRASAD SAHA AGED 22 YEARS

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PRISKILLA P D/O PRABHURAJ P AGED 20 YEARS

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DHAKNE AJINKYA BIPIN S/O BIPIN DHAKNE AGED 20 YEARS

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MD. TAKREEM ALAM S/O MD MAJRUL HAQUE AGED 20 YEARS

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MD. FAIZAN ALAM S/O SARFUDIN AGED 22 YEARS

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PRANAJIT TIRPURA S/O SWADESH TRIPURA AGED 20 YEARS

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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SONAM KUMARI D/O VIMAL VIBUTI AGED 20 YEARS

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INDHUJA M D/O MUTHUKRISHNAN AGED 20 YEARS

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ABIMANYU A D/O A ARULDASS AGED 21 YEARS

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MD INTAKHAB ALAM S/O MD AIYUB AGED 22 YEARS

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CHANDRU S

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S/O KUZHANTHAI SUBIRAMANI AGED 20 YEARS

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BALAMURUGAN S S/O SELVAKUMAR B AGED 20 YEARS

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ASHWINI A D/O ARUMUGAM AGED 19 YEARS

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BAVATHARANI I D/O ILAYARAJU AGED 19 YEARS

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RAMIMOL R D/O RAJENDRAN T AGED 19 YEARS

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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ARULCHELVI J K D/O JAYAKUMAR K AGED 19 YEARS

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JENIFER J D/O JAGAN S AGED 19 YEARS

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MONISHA M D/O MOHAN S, AGED ABOUT 20

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MAHALASKHMI S D/O SEKAR, AGED ABOUT 19

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LINCY ANNIE ABRAHAM D/O ABRAHAM GEORGE, AGED ABOUT 24

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MOHAMMED FAYAS ALI D/O ABDUL KADER C, AGED ABOUT 22

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ACHU SURESH S/O SURESH T K, AGED ABOUT 22 YEARS

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CHANDRAVIR NARAYAN TAKUR S/O SHRAWAN KUMAR, AGED ABOUT 18 YEARS

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BHARDWAJ VICKY RAMBADAN S/O RAMBADAN BHARDWAJ, AGED ABOUT 22 YEARS

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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PATIL JYOTI KRUSHANRAO D/O KRUSHANRAO PATIL, AGED ABOUT 40 YEARS

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GAIKWAD SHUBHANGI LOTAN D/O LOTAN GAIKWAD, AGED ABOUT 22 YEARS

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PREETI PAL D/O SURENDRA PAL, AGED ABOUT 20

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SONY PRAJAPATI D/O RAJBALI PRAJAPATI, AGED ABOUT 22

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SONA YADAV D/O HANUMAN YADAV, AGED ABOUT 20 YEARS

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JAGTAP SAKSHI NANDARATNA D/O NANDARATNA JAGTAP, AGED ABOUT 20 YEARS

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ANSARI ARIFA AFZAL D/O AFZAL ANSARI, AGED ABOUT 20 YEARS

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GAIKAWAD NIKITA PARAKASH D/O PRAKASH GAIKAWAD, AGED ABOUT 22

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INDRANIL ROY S/O JAGATTARAN ROY, AGED ABOUT 22

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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ADARSHANA THAPA D/O DEVARAJ THAPA, AGED ABOUT 20 YEARS

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ANISH KUMAR S/O MITHILESH KUMAR THAKUR, AGED ABOUT 22 YEARS

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ABHISHEK KUMAR S/O AWADHESH SINGH, AGED ABOUT 20 YEARS

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KESHARI NANDAN S/O RAMAKANT PRASAD, AGED ABOUT 19 YEARS

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GITTY REENA SAJI D/O SAJI E K, AGED ABOUT 22 YEARS

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KRISHAN SAH D/O RAMPRIT SAH, AGED ABOUT 23 YEARS

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DHANANJOY PATRA D/O SANKAR PATRA, AGED ABOUT 22 YEARS

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S K NOWMAN BADSHA D/O SK HASMATULLAHA, AGED ABOUT 22 YEARS

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PREM CHANDRA S/O SURENDRA KUMAR SINGH, AGED ABOUT 19 YEARS

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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51. SAIKAT PRAMANIK

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S/O SWAPAN KUMAR PRAMANI, AGED ABOUT 25

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ASISH V S/O VIJAYCHANDRAN, AGED ABOUT 23 YEARS,

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ROHI JAN

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D/O GH HASSAN NENGROO, AGED ABOUT 19 YEARS,

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BRATI RANJAY DEY S/O BIKASH DEY, AGED ABOUT 24 YEARS

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DIVEKAR NIKITA ASIT D/O ASIT DIVEKAR, AGED ABOUT 20 YEARS

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KHARAT KHUSHI RAVINDRA D/O RAVINDRA KHARAT, AGED ABOUT 21

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TAMANNA KHATUN D/O FAZLUL HAQUE, AGED ABOUT 22 YEARS

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PRODYUT KUMAR SARDAR S/O KANU PADA SARDAR, AGED ABOUT 21 YEARS

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RIZWANUL KUMAR S/O RAVIUL AKHER, AGED ABOUT 22 YEARS

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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KSHETRE VISHAL KAJU D/O KAJU KSHETRE, AGED ABOUT 22 YEARS

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BHARTI BANDANA RAMASREYARAM D/O RAMASREYARAM, AGED ABOUT 22

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PETITIONER 2 TO 61 ARE STUDENT OF 1^ST PETITIONER'S COLLEGE

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…PETITIONERS

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(BY SRI. SHIVARUDRA, ADVOCATE)

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AND:

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THE REGISTRAR RGUHS 4^TH T BLOCK, JAYANAGAR, BENGALURU-560041.

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…RESPONDENT

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(BY SMT. FARAH FATHIMA & SRI.M.S.DEVARAJU, ADVOCATES)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO APPROVE THE ADMISSIONS OF THE STUDENT P2 TO 61 FOR 1ST YEAR B.SC., NURSING COURSE FOR THE ACADEMIC YEAR 2022-23 AND ETC.,

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IN WP NO.3802/2023 BETWEEN:

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1 . GAYATHRIDEVI COLLEGE OF NURSING SY NO 5/3B, LAGGERE BANGALORE-560058 REPRESENTED BY PRINCIPAL MRS JANSI S

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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2 . AGALYA T D/O TAMILINIYAN D AGED ABOUT 22 YEARS

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3 . AGASTHIYA S D/O VAKUMAR S

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AGED ABOUT 21 YEARS

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4 . AJIN M S/O S MURUGAN AGED ABOUT 23 YEARS

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5 . AMBUJA R D/O AMBUJA R

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AGED ABOUT 23 YEARS

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6 . ARNAB KUNDU S/O SUBHASH KUNDU AGED ABOUT 23

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7 . AROCKIYA MESHAK P D/O PAULRAJ AGED ABOUT 23

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8 . ARUL SELVAM A D/O AYYANAR AGED ABOUT 23

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9 . BAGAVATHRAJ S S/O SEKAR AGED ABOUT 21

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10 . BHAVANI A D/O ARJUN S AGED ABOUT 22

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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11 . DEEPIKA R D/O RAGU C AGED ABOUT 21 YEARS

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12 . DENHIL

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S/O JAYA LENIN RAJ AGED ABOUT 20 YEARS

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13 . EDWARD SOUNDAR RAJ E S/O EDWIN THOMAS PREM KUMAR AGED ABOUT 21 YEARS

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14 . ELAMARAN M D/O MANIKANDAN AGED ABOUT 20 YEARS

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15 . GOMATHI K D/O KALIYAPPAN P AGED ABOUT 21 YEARS

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16 . HEMALATHA S S/O SENTHIKUMAR K AGED ABOUT 22 YEARS

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17 . ISWARYA S D/O SELVAM AGED ABOUT 21 YEARS

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18 . KALAI SELVI P D/O PAVADAISAMY A AGED ABOUT 22 YEARS

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19 . KALAIVANI J D/O JAYASANKAR A AGED ABOUT 20 YEARS

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20 . KAPILDEV VERMA

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S/O SANTRAM VERMA

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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AGED ABOUT 21 YEARS

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21 . KARTHIGESWARAN M S/O MATHISEKAR AGED ABOUT 20 YEARS

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22 . KUSHAL KUMAR S/O SATYENDRA RAY AGED ABOUT 22 YEARS

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23 . LALITHA M D/O MANIVEL AGED ABOUT 20 YEARS

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24 . MANISHA KUMAR S/O SITARAM RAY AGED ABOUT 20

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25 . NAGAPIRUNTHA N D/O NAGARAJAN AGE ABOUT 21

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26 . NISHA S D/O SANTHOSHKUMAR AGE ABOUT 20

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27 . NISHA S D/O SANKAR AGE ABOUT 22

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28 . NITHIS KUMAR K S/O KALIMUTHU AGE ABOUT 22

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29 . NIVETHA K D/O KESAVAN N AGE ABOUT 21

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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30 . PRITHIKASHINY A D/O ARULNATHAN AGE ABOUT 22

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31 . RAGUL R S/O RAJESH KUMAR N AGED ABOUT 20

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32 . RAJA M S/O MURUGAN AGE ABOUT 22

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33 . RAJALAKSHMI N D/O NAGARAJAN AGED ABOUT 21

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34 . RAMYA R D/O RAGUNATHAN AGED ABOUT 21

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35 . SAKTHIPRIYA P D/O PALANI AGED ABOUT 20 YEARS

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36 . SANGAVI V AGED ABOUT 20

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37 . SANTHOSH S S/O SELVAM P AGED ABOUT 20

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38 . SELVAPRABA S D/O SELVARAJA AGE ABOUT 20

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39 . SEVANTHI S D/O SANKAR AGE ABOUT 20

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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40 . SHALINI D D/O DANIAL D AGED ABOUT 20

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41 . SIVASAKTHI R D/O RAJA RETHINAM P AGED ABOUT 20

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42 . SUGI S D/O SUSAIRAJ AGED ABOUT 20

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43 . TAMILSELVI A D/O AMAITHI M AGED ABOUT 20

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44 . VIGNESH S D/O SIVAJIGANESAN AGED ABOUT 20

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45 . VIJIN J

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S/O JOHN RAMESH KUMAR V, AGED ABOUT 20

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46 . VINOTHA P D/O PANDI, AGED ABOUT 20

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47 . VINOTHINI V D/O VINCENT C AGED ABOUT 20

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48 . VYANKATESH S S/O SUDAR, AGED ABOUT 20

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49 . S SUNITHARANI D/O SELVARAJ,

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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AGED ABOUT 20

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50 . KSHETRE SAPNA NANASAHEB D/O NANASAHEB KSHETRE, AGED ABOUT 20

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51 . SAYANI NASKAR D/O GAUTAM NASKAR, AGED ABOUT 21

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52 . PRADHAT VISHWAKARMA S/O RADHESHYAM VISHWAKARMA, AGED ABOUT 20

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53 . SUJAN CHAKRABORTY S/O ANOOP KUMAR CHAKRABORTY,

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54 . LAKSHMIPRIYA D/O ANNA DORAI, AGED ABOUT 21

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PETITIONERS 2 TO 54 ARE STUDENTS OF 1^ST PETITIONERS COLLEGE GAYATHRIDEVI COLLEGE OF NURSING SY NO.5/3B, LAGGERE BANGALORE-560058

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...PETITIONERS

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(BY SRI.SHIVARUDRA, ADVOCATE)

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AND:

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THE REGISTRAR RGUHS 4^TH T BLOCK JAYANAGAR

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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BENGALURU-560041

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…RESPONDENT

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(BY SMT. FARAH FATHIMA & SRI.M.S.DEVARAJU, ADVOCATES)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO APPROVE THE ADMISSIONS OF THE STUDENT P2 TO 54 FOR 1ST YEAR B.SC., NURSING COURSE FOR THE ACADEMIC YEAR 2022-23 AND ETC.,

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

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ORDER

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The captioned writ petitions are filed seeking mandamus to the respondent-University to approve the admissions of the petitioners-students for 1^st year B.Sc., Nursing Course for the academic year 2020-21 and also to direct the respondent-University to issue hall ticket by accepting the examination fee and permit the petitionersstudents to appear for the examination.

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16 - NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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The petitioner No.1-Nursing College along with students have knocked the doors of this Court seeking a mandamus against the respondent-University to approve admissions of petitioners-students for 1^st year B.Sc. Nursing course for the academic year 2020-21. It is submitted that petitioner No.1-Nursing College could not upload the names of the students as the portal was closed as against the petitioner No.1-Nursing College and representations were submitted to upload the names of the petitioners-students as the controversy in regard to affiliation of petitioner No.1-Nursing College was pending consideration before this Court.

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Pending consideration of the captioned writ petitions, the respondent-University has constituted a committee to ascertain and verify as to whether attempts were made by the petitioner No.1-College within prescribed time. This committee was constituted pursuant to order passed by this Court vide order dated 18.04.2023. The committee remarks are placed on record

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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by the respondent-University. It would be useful for this Court to cull out the 'Committee Remarks'. which reads as under:

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"After verification of all the documents submitted by the petitioner college and on enquiry, the committee is clearly ascertained that in view of order of the Hon'ble High Court for continuation of the affiliation to the petitioner college in W.P.No.501550/2019 (EDN REG) c/w W.P.Nos.358/2020 (EDN REG) and

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W.P.Nos.358/2020 (EDN) and c/w Writ Appeal, the admission for 60 students found as per admission register maintained by the college are the petitioner students W.P.No.3801/2023, who are deemed to eligible for admission for the academic year 2020-21 well within the stipulated time scheduled in the RGUHS admission Calendar of events as the petitioner college paid the required admission fees for 60 students to the University."

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On examining the committee remarks, this

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Court would find that the admission of petitioners-students in both the petitions were found as per admission register maintained by the College. The committee has also opined that these petitioners were eligible for admission

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18 - NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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for the academic year 2020-21 as they were found well within the stipulated time scheduled in the respondentUniversity calendar of events.

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In the light of the committee remarks, I am of

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the view that petitioners-students are entitled for the relief sought in the writ petitions. Accordingly, writ petitions are liable to be allowed.

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For the reasons stated supra, I pass the

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following:

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ORDER

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(i) The writ petitions are allowed;

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(ii) The respondent-University in terms of committee remarks is hereby directed to approve the admission of the petitioners-students for 1^st year B.Sc. Nursing course for the academic year 2020-21;

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(iii) A mandamus also lies to the respondent-University to issue hall tickets by accepting the examination fees and permit the petitioners-students to appear for examination of 1^st year B.Sc. course.

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NC: 2023:KHC:20121 WP No. 3801 of 2023 C/W WP No. 3802 of 2023

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(iv) The pending interlocutory application, if any, does not survive for consideration and stands disposed of.

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Sd/JUDGE

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CA List No.: 1 Sl No.: 14

Bathel Medical Institute of Nursing Sciences v. the Registrar Rguhs

Case brief

What is this about?

What did the court decide?

Bathel Medical Institute of Nursing Sciences v. the Registrar Rguhs

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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