Allowed

Ideal Education Society v. Rajiv Gandhi University of Health Sciences

Karnataka HC4 Jul 2023WP/6390/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the writ petition filed by Ideal Education Society challenging the inaction of Rajiv Gandhi University of Health Sciences in deciding their fresh representation regarding fresh affiliation for a Nursing college. The court directed the University to pass appropriate orders on the representation. (para 1-52)

What did the court decide?

The writ petition is allowed; the respondent-University is directed to pass appropriate orders on the representation submitted by the petitioner dated 15.11.2022 vide Annexure-E.

Ideal Education Society Vs Rajiv Gandhi… — Education and Admissions | Karnataka HC (2023)

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NC: 2023:KHC:22974 WP No. 6390 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 6390 OF 2023 (EDN-RES)

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BETWEEN:

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IDEAL EDUCATION SOCIETY CA-21, NEAR K.H.B. COLONY, 5^TH PHASE BUS STAND, YELAHANKA NEW TOWN, BANGALORE-560064 REPRESENTED BY ITS SECRETARY, SMT. NASEEM BANU, AGED ABOUT 59 YEARS, D/O R ABDUL KHADER, R/AT BANGALORE. IT IS REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT 1960

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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(BY SRI.M.R.NAIK, SR.COUNSEL FOR SRI. SURAJ NAIK, ADVOCATE)

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AND:

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…PETITIONER

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4^TH T BLOCK, JAYANAGAR, BENGALURU-560041 REPRESENTED BY ITS REGISTRAR

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STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE

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(MEDICAL EDUCATION)

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1^ST FLOOR, ROOM NO.113,

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2 - NC: 2023:KHC:22974 WP No. 6390 of 2023

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VIKAS SOUDHA, DR.B.R.AMBEDKAR ROAD, BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY.

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…RESPONDENTS

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(BY SMT.FARAH FATHIMA, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION OF THE PETITIONER DTD 15/11/2022 BEARING NO. IES/051/2022 (ANNEXURE-E) IN THE NEXT SYNDICATE MEETING OF THE RESPONDENT UNIVERSITY AND TO CONSIDER GRANT FRESH AFFILIATION FOR THE ACADEMIC YEAR 2023-24 BY MAKING SUITABLE RECOMMENDATION TO THE STATE GOVERNMENT, TAKING INTO CONSIDERATION THE LOCAL INSPECTION COMMITTEE REPORT (VIDE ANNEXURE-B).

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

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NC: 2023:KHC:22974 WP No. 6390 of 2023

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ORDER

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The captioned petition is filed by the petitionerSociety feeling aggrieved by the action of respondent No.1 in denying appropriate consideration of the scheme for starting Dr.N.B.College of Nursing at Chitradurga.

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The petitioner-Society submitted a scheme and on receipt of application, the respondent-University relegated the LIC to carry out spot inspection and submit its report. The petitioner-Society claims that all conditions and requisite eligibility to start a new College of Nursing having been complied, the LIC has submitted its report being satisfied with the adequacy of facilities and therefore, a recommendation was made by the LIC for granting of fresh affiliation for B.Sc. Nursing course with an intake of 60 seats. Inspite of there being a recommendation by the LIC, the Syndicate went on deferring the consideration of affiliation and on recommendation of the Committee of Academic Council,

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NC: 2023:KHC:22974 WP No. 6390 of 2023

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rejected the grant of fresh affiliation for B.Sc. Nursing course for the academic year 2022-23.

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Pursuant to rejection, the petitioner has tendered a fresh representation on 15.11.2022 requesting

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the respondent-University to grant permission to start Nursing College for the year 2022-23. The petitionerSociety claims that requisite certificate of registration is produced to demonstrate that petitioner has an infrastructure as required under the Act and therefore, on account of inaction at the hands of the respondent in not passing fresh orders on the representation, the captioned petition is filed.

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Heard learned Senior Counsel appearing for the petitioner-Society and learned counsel appearing for the respondent-University. Perused the material on record.

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Though Syndicate of respondent No.1 has recommended not to grant affiliation, the petitionerSociety has submitted a fresh representation on 15.11.2022 to reconsider the recommendation made at

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5 - NC: 2023:KHC:22974 WP No. 6390 of 2023

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the earlier instance by the Committee of Academic Council. To substantiate their claim and to make out a case for affiliation, the petitioner-Society has placed on record document indicating that the college at present has a parent hospital, building, infrastructure and staff.

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If such a representation is submitted by the petitioner-Society which is evident from Annexure-E to the writ petition, the respondent-University are bound to pass orders on the said representation. Under Section 45 of the Rajiv Gandhi University of Health Sciences Act, 1994, if a new Institution proposes to start a Nursing course and if all requisite conditions are complied, the respondent through its Syndicate and Committee of Academic Council is bound to consider the material placed on record and pass appropriate orders.

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Since there is inaction on the part of the

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respondent-University in not deciding the representation dated 15.11.2022, I am of the view that this is a fit case

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NC: 2023:KHC:22974 WP No. 6390 of 2023

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where directions are to be issued to the respondentUniversity.

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For the foregoing reasons, I pass the following:

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ORDER

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(i) The writ petition is allowed;

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(ii) The respondent-University is hereby directed to pass appropriate orders on the representation submitted by the petitioner dated 15.11.2022 vide Annexure-E to the writ petition;

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(iii) If required, it is always open for the respondent-University to secure further information from the petitioner-Society;

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(iv) Since this representation is dated 15.11.2022 and permission is sought for the year 2022-23, however, on account of not taking a decision on the representation, academic year is already lost, the respondent-University is required to examine as to whether petitioner is entitled for affiliation for the academic year 2023-24 in accordance with law;

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NC: 2023:KHC:22974 WP No. 6390 of 2023

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(v) The petitioner is at liberty to file additional representation to consider their claim for the academic year 2023-24;

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(vi) 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.: 45

Ideal Education Society v. Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

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Ideal Education Society v. Rajiv Gandhi University of Health Sciences

Case brief

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