Mangala School of Nursing Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Mangala School of Nursing Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; impugned endorsement dated 22.10.2024 (Annexure-A) quashed; respondents directed to reconsider the petitioner's application for enhancement of GNM intake (41 to 80 seats) in terms of the orders in W.P. No.14047/2022 and W.P. No.20735/2023, without reference to the Government Order dated 20.05.2022, only on the merits of the application and the inspection report dated 17.06.2023, within four weeks.

Issue for consideration

Whether the endorsement dated 22.10.2024 (Annexure-A), passed based on the Government Order dated 20.05.2022 without considering the directions issued by this Court on two earlier occasions (W.P. No.14047/2022 and W.P. No.20735/2023), is liable to be interfered with and quashed. +1 more

Court's answer

The impugned endorsement at Annexure-A dated 22.10.2024, passed once again based on the Government Order dated 20.05.2022 without considering the directions issued by this Court on two earlier occasions, calls for this Court's interference and is quashed.

Ratio / Principle

The respondents are directed to consider the petitioner's application in terms of the orders passed in W.P. No.14047/2022 (disposed 26.09.2022) and W.P. No.20735/2023 (disposed 09.08.2024), without considering the Government Order dated 20.05.2022.

Key takeaways

Such consideration shall be only on the merits of the petitioner's application together with the inspection report dated 17.06.2023, within an outer limit of four weeks from the date of receipt of the copy of the order.ratio¶48

Detailed headnote1 paragraphs

Writ Petition (EDN-RES) under Article 227 of the Constitution - Mangala School of Nursing, Mangaluru, recognised since 2006-07 with an intake of 40 (later 41) GNM students and provisionally recognised by the Karnataka State Nursing Council on 15.06.2007, sought enhancement of intake to 80 seats. Its applications were repeatedly dealt with by Respondent No.1 solely on the basis of the Government General Order dated 20.05.2022 barring permission to new colleges or enhancement of intake, even though this Court had directed in W.P. No.14047/2022 (disposed 26.09.2022) that the application be considered without reference to that Government Order, and had reiterated in W.P. No.20735/2023 (order dated 09.08.2024) that the request for increase from 41 to 80 students be considered accordingly. When a further similar endorsement dated 22.10.2024 in No. MED 284 MSF 2023 (Annexure-A) was again passed based on the same Government Order, the Court observed that the respondents had failed to follow its directions on two earlier occasions, allowed the writ petition, quashed the endorsement, and directed the respondents to consider the application in terms of the two earlier orders, without considering the Government Order dated 20.05.2022, only on the merits of the application and the inspection report dated 17.06.2023, within an outer limit of four weeks.

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NC: 2025:KHC:6421 WP No. 30079 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 30079 OF 2024 (EDN-RES)

BETWEEN:

MANGALA SCHOOL OF NURSING (REGISTERED UNDER KPMEA ACT 2007 AND RULES 2009), 'VIDYANAGAR', NEERMARGA ROAD, PEDAMALE POST, MANGALURU-575 029, REP. BY ITS PRINCIPAL, SUBRAMANYA NAYAK, S/O DEVANNA NAYAK, AGED ABOUT 43 YEARS.

…PETITIONER

(BY SRI. RAJASHEKAR S., ADVOCATE)

Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

AND:

THE STATE OF KARNATAKA, DEPARTMENT OF MEDICAL EDUCATION, M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001, REP. BY ITS PRINCIPAL SECRETARY.

KARNATAKA STATE NURSING COUNCIL NO.71, NIGHTINGALE TOWERS, A STREET, 6^TH CROSS, A.R. EXTENSION,

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NC: 2025:KHC:6421 WP No. 30079 of 2024

NEAR MOVILAND THEATRE, GANDHI NAGAR, BENGALURU-560 009, REP. BY ITS REGISTRAR.

KARNATAKA STATE DIPLOMA IN NURSING EXAMINATION BOARD, IST FLOOR, LIBRARY BLOCK, BMC AND RI CAMOUS K.R. ROAD, BENGALURU-560 002, REP. BY ITS SECRETARY.

…RESPONDENTS

(BY SMT. MAMATHA SHETTY, AGA FOR R1; SMT. JYOTHI M MARADI, ADVOCATE FOR R2; SMT. NEHA VENKATESH, ADVOCATE FOR SRI. SUDHARSHAN S., ADVOCATE FOR R3)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED. 22.10.2024 IN NO. MED 284 MSF 2023 ISSUED BY THE R-1 VIDE ANNEXURE-A AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

ORAL ORDER

The petitioner seeks for the following reliefs:

(a) Issue a Writ of Certiorari to quash the Endorsement dated 22.10.2024 in No. MED 284

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MSF 2023 issued by the 1st Respondent vide Annexure-A.

(b) Issue a Writ of Mandamus directing the Respondent No.1 to consider the application dated 21.08.2021 in terms of the order passed by this Hon'ble Court in W.P. No.14047/2022 dated 26.09.2022 and also order dated 09.08.2024 passed by this Hon'ble Court in W.P. No.20735/2023 vide Annexure R and G and thereby enhance GNM seats from 41 to 80 in their School of Nursing vide Annexure-G

(c) Issue a Writ or direction to the Respondent No.3 to register the names of the students who got admitted pursuant to the order dated 03.10.2023 passed by this Hon'ble Court in W.P. No.20735/2023 Vide Annexure Z and permit them to take up their examination as per the list submitted at Annexure-B.

(d) Grant such other and further relief's as this Hon'ble Court as this Hon'ble court deems fit and proper under the circumstances of this case, in the interest of justice and equity.

Heard the learned counsel for the petitioner, Smt.Mamatha Shetty, learned Additional Government Advocate for Respondent No.1-State, Smt.Jyothi M.Maradi for Respondent No.2 and Smt.Neha Venkatesh for Sri. Sudharshan.S, learned counsel for Respondent No.3 and perused the material on record.

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NC: 2025:KHC:6421 WP No. 30079 of 2024

The petitioner is Mangala School of Nursing which

runs Mangala hospital and Mangala Kidney Foundation, a reputed hospital in Dakshina Kannada district functioning for more than 30 years. The Indian School of Nursing Council accorded recognition to the Mangala School of Nursing after inception commencing from 2006-07 with an intake of 40 students per year and Respondent No.2 accorded provisional recognition to the petitioner by notification dated 15.06.2007. Pursuant to the application seeking enhancement of students' intake capacity from 41 to 80, an inspection was conducted by the respondents, who submitted a report to the effect that the petitioner possessed sufficient infrastructural facilities to increase/enhance intake.

The Government passed a General Order not to grant permission to New colleges or to enhance the intake of the students. The petitioner challenged the Government order in Writ Petition No.14047/2022 before this Court. This

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Court disposed of the writ petition directing the staterespondent No.1 to consider the application of the petitioner without reference to the order dated 20.05.2022. Respondent No.1 again on 15.12.2022, passed an order based on the Government Order dated 20.05.2022 without considering the Order passed in Writ Petition No.14047/2022, which was again assailed by the petitioner in Writ Petition No.20735/2023. This Court, on 09.08.2024 in Writ Petition No.20735/2023 directed the respondent to consider the request of the petitioner for the increase of intake from 41 students to 80 students in terms of their representation and bearing in mind the decision of the Court in Writ Petition No.14047/2022 disposed of on 26.09.2022. Now, by way of an impugned order at Annexure-K, a similar order is again passed by the Respondent No.1 based on the Government Order dated 20.05.2022. This Court in Writ Petition No.14047/2022, disposed of on 26.09.2022, had specifically held that the consideration of the application

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has to be without considering the Government Order dated 20.05.2022. This Court is unable to understand as to why Respondent No.2 has been passing the impugned orders without considering the directions issued by this Court on two earlier occasions. This makes this Court to interfere with this Order at Annexure-A. In the result, I pass the following:

ORDER

i) Writ Petition is allowed .

ii) The impugned order at Annexure-A dated 22.10.2024 is hereby quashed.

iii) The respondents are directed to consider the application of the petitioner in terms of the Order passed by this Court in Writ Petition No.14047/2022 disposed on 26.09.2022 and the order passed in Writ Petition 20735/2023 disposed on 9.08.2024 without considering the Government Order

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NC: 2025:KHC:6421 WP No. 30079 of 2024

dated 20.05.2022, consideration only on the merits of the application of the petitioner and the inspection report dated 17.06.2023 within an outer limit of four weeks from the date of receipt of the copy of this order.

Sd/-

_____________________ JUSTICE K.S. HEMALEKHA

BNV List No.: 1 Sl No.: 28 CT:SNN

Procedural history

How this case reached the court

AI extract

Order under challenge
Endorsement dated 22.10.2024 in No. MED 284 MSF 2023 (Annexure-A) issued by Respondent No.1 based on the Government Order dated 20.05.2022, notwithstanding earlier directions of this Court; sought to be quashed under Article 227.¶26
Respondent No.1 - State of Karnataka, Department of Medical Education · 22.10.2024
Prior proceeding
Government passed a General Order not to grant permission to new colleges or to enhance student intake; petitioner challenged it in W.P. No.14047/2022 before this Court.¶37
Prior proceeding
W.P. No.14047/2022 was disposed of on 26.09.2022, directing Respondent No.1 to consider the petitioner's application without reference to the order/Government Order dated 20.05.2022.¶39
Prior proceeding
Despite the above, Respondent No.1 passed an order on 15.12.2022 based on the Government Order dated 20.05.2022 without considering the order in W.P. No.14047/2022; the petitioner assailed it in W.P. No.20735/2023.¶39
Prior proceeding
On 09.08.2024 in W.P. No.20735/2023 this Court directed the respondent to consider the petitioner's request for increase of intake from 41 to 80 students in terms of their representation, bearing in mind the decision in W.P. No.14047/2022 (disposed 26.09.2022).¶39
Prior proceeding
Again, by way of the impugned order (referred to at Annexure-K in the narrative), a similar order was passed by Respondent No.1 based on the Government Order dated 20.05.2022.¶39
Prior proceeding
Background: the Indian School of Nursing Council accorded recognition to the school from 2006-07 with an intake of 40 students per year, and Respondent No.2 accorded provisional recognition by notification dated 15.06.2007.¶36
Prior proceeding
Pursuant to the application seeking enhancement of intake from 41 to 80, the respondents conducted an inspection and reported that the petitioner possessed sufficient infrastructural facilities to increase/enhance intake (inspection report dated 17.06.2023 referred to in the final order).¶36