Disposed

Harsha College of Nursing v. the Rajiv Gandhi Univeristy of Health Sciences

Karnataka HC15 Feb 2024WP/18169/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of two writ petitions challenging a demand notice issued by the University. The Court set aside the demand notice, treating it as a show-cause notice, and directed the University to provide an opportunity of hearing.

What did the court decide?

Demand notice set aside as show-cause notice; notice to file objections within three weeks; direction to hold hearing on 18.03.2024.

Harsha College of Nursing Vs the Rajiv Gandhi… — Education and Admissions | Karnataka HC (2024)

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NC: 2024:KHC:6768 WP No. 18169 of 2021 C/W WP No. 18185 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF FEBRUARY, 2024 BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO.18169 OF 2021 (EDN-RES)

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C/W

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WRIT PETITION NO.18185 OF 2021 (EDN-RES) IN W.P.NO.18169/2021:

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BETWEEN:

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HARSHA COLLEGE OF NURSING, HARSHA HOSPITAL CAMPUS, NO.193/4, SONDEKOPPA CIRCLE, NH-4, NELAMANGALA, BANGALORE - 562 123. REP. BY ITS PRINCIPAL, SMT. JACINTHA R MARIYAPPA.

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…PETITIONER

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[BY SRI KRISHNA T., ADVOCATE (PH)]

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AND:

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THE RAJIV GANDHI UNIVERISTY OF HEALTH SCIENCES, 4^TH 'T' BLOCK, JAYANGAR, BANGALORE - 560 011. REP. BY ITS REGISTRAR.

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Digitally signed by GURURAJ D Location: High Court of Karnataka

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…RESPONDENT [BY SMT.FARAH FATHIMA, ADVOCATE (PH)]

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THIS WP FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE DEMAND NOTICE DATED 30.7.2021 PRODUCED AS ANNEXURE-A ISSUED BY THE RESPONDENT UNIVERSITY. GRANT AN INTERIM ORDER TO STAY THE DEMAND NOTICE DATED 30.7.2021 PRODUCED AS ANNEXURE-A ISSUED BY THE RESPONDENT UNIVERSITY, PENDING DISPOSAL OF THE WRIT PETITION

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NC: 2024:KHC:6768 WP No. 18169 of 2021 C/W WP No. 18185 of 2021

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IN W.P.NO.18185/2021:

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BETWEEN:

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VICOTRY COLLEGE OF NURSING, HARSHA HOSPITAL CAMPUS, NO.7380, DADAPEER LAYOUT, BYRAWESHWARA NAGAR, NH-4, NELAMANGALA, BANGALORE - 562 123. REP. BY ITS PRINCIPAL, MRS. SUSAN THOMAS.

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…PETITIONER

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[BY SRI KRISHNA T., ADVOCATE (PH)]

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AND:

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THE RAJIV GANDHI UNIVERISTY OF HEALTH SCIENCES, 4^TH 'T' BLOCK, JAYANGAR, BANGALORE - 560 011. REP. BY ITS REGISTRAR.

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…RESPONDENT

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(BY SMT.FARAH FATHIMA, ADVOCATE)

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THIS WP FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE DEMAND NOTICE DATED 30.7.2021 VIDE ANNEXURE-A ISSUED BY THE RESPONDENT UNIVERSITY. GRANT AN INTERIM ORDER TO STAY THE DEMAND NOTICE DATED 30.7.2021 PRODUCED AS ANNEXURE-A ISSUED BY THE RESPONDENT UNIVERSITY, PENDING DISPOSAL OF THE WRIT PETITION

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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These writ petitions are filed seeking for following reliefs:

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In W.P.no.18169/2021:

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"Issue a Writ of Certiorari quashing the demand notice dated 30.07.2021 bearing No.RGUHS/ADM(N)/Audit Objectiion/97/2021-22

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NC: 2024:KHC:6768 WP No. 18169 of 2021 C/W WP No. 18185 of 2021

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produced as Annexure-A issued by the respondent-University."

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In W.P.no.18185/2021:

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"Issue a Writ of Certiorari quashing the demand notice dated 30.07.2021 bearing No.RGUHS/ADM(N)/Audit Objectiion/97/2021-22 produced as Annexure-A issued by the respondent-University."

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Sri Krishna T., learned counsel for petitioners submitted that petitioners - Educational Institutions imparting several Degree Courses in Nursing affiliated to respondent– University. On an earlier occasion, when respondent– University had issued notice at Annexure-D dated 20.07.2015 demanding balance amount, petitioners joined other Institutions in challenging said demand. This Court by its order dated 24.09.2019 had disposed of W.P.no.41538/2017 and W.P.nos.47654-694/2017 and connected matters by directing respondent–University to issue notice to petitioners regarding deficiency, afford opportunity for filing objections and to hear them and thereafter to pass detail order indicating whether petitioners were in any arrears.

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It was submitted that subsequently, without issuing prior notice and without providing opportunity as per directions, impugned notice at Annexure-A dated 30.07.2021

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NC: 2024:KHC:6768 WP No. 18169 of 2021 C/W WP No. 18185 of 2021

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is issued on ground that impugned notice does not confirm to procedure indicated to be followed by respondent–University. In terms of decision of this Court in W.P.no.41538/2017 and connected matters, learned counsel seeks for quashing notice at Annexure-A.

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On other hand, Smt.Farah Fathima, learned counsel for respondent–University sought to justify impugned notice. It was submitted that respondent–University was subjected to Audit and that Audit Report had found petitioners are due in arrears. Since impugned notice was issued in pursuance of said Audit Report, same was justified and sought for dismissal of writ petition.

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Learned Counsel would alternatively submit that petitioners may treat notice at Annexure-A as show cause notice only, file objections and if petitioners appear on any particular day, respondent-University would provide opportunity of hearing and thereafter pass appropriate orders in compliance with directions issued by this Court.

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Heard learned counsel and perused writ petition

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record.

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NC: 2024:KHC:6768 WP No. 18169 of 2021 C/W WP No. 18185 of 2021

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In view of above submission, if impugned notice at

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Annexure-A is ordered to be treated as show cause notice and permit petitioners to file objections and avail opportunity, grievances of petitioners would stand satisfied. Hence, following:

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ORDER

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i. Writ petitions are disposed of.

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ii. Impugned demand notice dated 30.07.2021 bearing no.RGUHS / ADM(N) / Audit Objection / 97 / 2021-22 at Annexure-A are set-aside and treat Annexure-A as show cause notice.

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iii. Respondent to provide opportunity to petitioners to file objections to show cause notice within three weeks from today.

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iv. Thereafter, petitioners shall appear before Registrar of respondent–University on 18.03.2024 at 11:00 along with all supporting records.

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v. On said day or on any subsequent date to be fixed by Registrar, petitioners shall be provided opportunity of hearing. Thereafter, Registrar shall pass appropriate order taking note of records submitted by petitioners and

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NC: 2024:KHC:6768 WP No. 18169 of 2021 C/W WP No. 18185 of 2021

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objections filed and pass detailed order in accordance with law within an outer limit of three months.

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vi. Until passing of final orders, respondent– University shall not take any coercive measures against petitioners for continuation of permission on this count.

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vii. Amount stated to be deposited by petitioners shall be subject to final outcome of proceedings.

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Sd/JUDGE

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GRD

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List No.: 1 Sl No.: 30

Harsha College of Nursing v. the Rajiv Gandhi Univeristy of Health Sciences

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Harsha College of Nursing v. the Rajiv Gandhi Univeristy of Health Sciences

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