Disposed

M/S Garden City College of Nursing v. State of Karnataka

Karnataka HC15 Feb 2024WP/1951/2024

Case brief

AI extract

What is this about?

Writ petition challenging non-consideration of representations for renewal of affiliation for nursing courses for the academic year 2023-24. The court noted that respondents had since issued endorsements considering the representations and disposed of the petition, reserving liberty to challenge those endorsements separately.

What did the court decide?

Reserved liberty to challenge endorsements issued by respondents in a separate writ petition.

M/S Garden City College of Nursing Vs State of… — Education and Admissions | Karnataka HC (2024)

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1 - NC: 2024:KHC:6769 WP No. 1951 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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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.1951 OF 2024 (EDN-RES)

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BETWEEN:

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M/S. GARDEN CITY COLLEGE OF NURSING, REP. BY ITS PRINCIPAL, NO.20, 16^TH K.M., OLD MADRAS ROAD, VIRGONAGAR POST, BENGALURU - 560 049.

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…PETITIONER

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(BY SRI NITIN A.M., ADVOCATE)

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AND:

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STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION), M.S. BUILDING, VIDHANA VEEDHI, BENGALURU - 560 001.

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RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCES, REP. BY ITS REGISTRAR, 4^TH 'T' BLOCK, JAYANAGAR, BENGALURU - 560 041.

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Digitally signed by GURURAJ D Location: High Court of Karnataka

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THE DEPUTY REGISTRAR, ADMISSION/AFFILIATION NURSING, RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE, 4^TH BLOCK, JAYANAGAR, BENGALURU - 560 041.

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…RESPONDENTS (BY SMT. MAMATHA SHETTY, AGA FOR R1; SRI B.S. SACHIN, ADVOCATE FOR R2 & R3)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSITUTION OF INDIA PRAYING TO DIRECT TO R-2 AND 3 TO CONSIDER THE REPRESENTATIONS FILED VIDE GCC/AFFI/202324/06 DATED 10.11.2023 AND VIDE REF. RGUHS/AFF/GCC-03/202324 DATED 16.11.2023 i.e., ANNEXURE-E1 AND E2 RESPECTIVELY SEEKING FOR THE CONTINUATION OF AFFILIATION TO THE PETITIONER INSTITUTION FOR CONDUCTING B.Sc., NURSING,

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NC: 2024:KHC:6769 WP No. 1951 of 2024

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M.Sc., NURSING IN MEDICAL SURGICAL AND M.Sc., NURSING IN COMMUNITY HEALTH FOR THE ACADEMIC YEAR 2023-24. ISSUE A DIRECTION TO R-2 AND 3 TO CONSIDER THE ADMISSIONS FOR THE ACADEMIC YEAR 2023-24 UNDER THE B.Sc., AND M.Sc., NURSING COURSE I.E., ANNEXURE-F AND TO ISSUE NECESSARY COMPLIANCE REPORT.

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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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ORDER

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This writ petition is filed seeking for following reliefs:

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(1) Issue a direction to respondents no.2 and 3 to consider the representations filed vide GCC/AFFI/2023-24/06 dated 10.11.2023 and vide Ref: RGUHS/Aff/GCC-03/2023-24 dated 16.11.2023 i.e., Annexure-E1 and E2 respectively seeking for the continuation of affiliation to the petitioner Institution for conducting B.Sc. Nursing, M.Sc. Nursing in Medical Surgical and M.Sc. Nursing in Community Health for the academic year 202324.

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(2) Issue a direction to respondents no.2 and 3 to consider the admissions for the academic year 2023-24 under the B.Sc. and M.Sc. Nursing Course i.e., Annexure-F and to issue necessary compliance report and etc.

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Sri Nitin A.M., learned counsel for petitioner

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submitted that petitioner-Institution had applied for renewal of affiliation for B.Sc. and M.Sc. Nursing Courses for academic year 2023-24 along with relevant documents. Since said application was not considered, it submitted several representations including representations at Annexures-C1 to C3, petitioner had filed W.P.no.23662/2023 seeking for writ of

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NC: 2024:KHC:6769 WP No. 1951 of 2024

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mandamus to consider said representations . Said writ petition

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was disposed of by this Court on 30.10.2023 directing respondents to consider same. Even thereafter, there was no consideration of representations therefore, petitioner submitted further representations as per Annexures-E1 and E2 on 10.11.2023 and 16.11.2023 and present writ petition is filed seeking for direction for consideration of Annexures-E1 and E2.

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Upon taking note of allegation that there was noncompliance with directions issued by this Court, respondents were called upon to show cause. In their statement of objections filed, respondents have stated that representations were considered and endorsements at Annexure-R2 on 05.12.2023 and Anexxure-R5 on 01.01.2024 were issued. They have also disclosed mode of communication of said endorsements.

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Learned counsel for petitioner submitted that petitioner–Institution would file a fresh writ petition challenging said endorsements and prays for reserving such liberty.

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NC: 2024:KHC:6769 WP No. 1951 of 2024

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In view of submission, present writ petition is disposed of reserving liberty to petitioner to challenge endorsements at Annexures-R2 and R5 in separate writ petition by keeping open contentions in that regard.

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Sd/JUDGE

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GRD

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List No.: 1 Sl No.: 39

M/S Garden City College of Nursing v. State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S Garden City College of Nursing v. State of Karnataka

Case brief

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What did the court decide?

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