Dmj Institute of Nursing Science Vs the Registrar

DMJ INSTITUTE OF NURSING SCIENCE YELACHANAHALLI, NEAR METRO STATION, OFF KANAKAPURA ROAD, BANGALORE 560111, REP. BY ITS PRINCIPAL, KARTHIK AIYAPPA SATHYAN S K, S/O A SUNDARAM, AGED ABOUT 41 YEARS

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Digitally signed by KIRAN KUMAR R

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Location: HIGH COURT OF KARNATAKA

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SANTOSH KUMAR S/O JAGDISH THAKUR, AGED ABOUT 26 YEARS,

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NEETU KUMARI D/O GANESH RAM, AGED ABOUT 25 YEARS,

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ANISHA RAJ D/O SANTOSH KUMAR THAKUR,

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AGED ABOUT 19 YEARS,

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VISHAL KUMAR S/O NAGESHWAR SAH, AGED ABOUT 28 YEARS,

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ABHISHEK KUMAR S/O RAMESH KUMAR, AGED ABOUT 22 YEARS,

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POONAM KUMARI D/O CHANDESHWAR RAM, AGED ABOUT 20 YEARS,

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SADAN KUMAR S/O DARSHAN BHAGET, AGED ABOUT 26 YEARS,

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AMOL KUMARI D/O RAM KUMAR PANDAY, AGED ABOUT 28 YEARS,

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LALAN KUMAR S/O DURBAL RAM, AGED ABOUT 27 YEARS,

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ASHISH KUMAR S/O NAVIN KUMAR SINGH, AGED ABOUT 24 YEARS,

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PRIYA KUMARI D/O RAM KUMAR PANDAY, AGED ABOUT 23 YEARS,

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SHIKHA RAI D/O RAVINDRA RAI, AGED ABOUT 28 YEARS,

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VIVEK KUMAR S/O MUNNA TIWARI, AGED ABOUT 27 YEARS,

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MADHULIKA D/O RAM KUMAR PANDEY AGED ABOUT 28 YEARS,

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CHUNNOO KUMAR S/O RAM KALEWAR PASWAN, AGED ABOUT 25 YEARS,

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KRITI KUMARI D/O RAM KUMAR PANDEY, AGED ABOUT 26 YEARS,

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PRABHAT KUMAR S/O CHANDESHWAR RAM, AGED ABOUT 27 YEARS,

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BABITA KUMARI D/O VIRENDRA RAM, AGED ABOUT 22 YEARS,

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RAHUL KUMAR S/O RAM BABU RAY, AGED ABOUT 21 YEARS,

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LALAN KUMAR YADAV S/O SAUKHILALYADAV, AGED ABOUT 28 YEARS,

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PINKI KUMARI D/O DEVNARAYAN SAH, AGED ABOUT 26 YEARS,

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SACHIN PRAVEEN D/O SAFIKALAM, AGED ABOUT 19 YEARS,

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SUBODH KUMAR S/O CHANDESHWAR MAHTO, AGED ABOUT 23 YEARS,

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KHUSHBOO KUMARI D/O ASHOK CHAUDHARY, AGED ABOUT 26 YEARS,

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NIRALEALAM S/O SEKH FIROZ, AGED ABOUT 23 YEARS,

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POOJA KUMARI D/O RAMUDAGAR DAS AGED ABOUT 23 YEARS,

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ABHISHEK KUMAR S/O SHASHI RAM, AGED ABOUT 23 YEARS,

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NISHANT KUMAR PANDEY D/O NITYA NAND PANDEY, AGED ABOUT 22 YEARS,

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SURAJ THAKUR S/O RAJESH THAKUR, AGED ABOUT 26 YEARS,

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AVINASH KUMAR S/O EAMA SHANKAR PRASAD, AGED ABOUT 20 YEARS,

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SL. No. 2 TO 31 ARE THE STUDENTS OF DMJ INSTITUTE OF NURSING SCIENCE YELACHANAHALLI, NEAR METRO STATION, OFF KANAKAPURA ROAD, BANGALORE 560111

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…PETITIONERS

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(BY SRI. L S VENKATAKRISHNA., ADVOCATE)

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AND:

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THE REGISTRAR KARNATAKA STATE NURSING COUNCIL, NO.71, NIGHTINGALE TOWERS, A STREET, 6TH CROSS, NEAR MOVIE LAND THEATER, GANDHINAGAR, BENGALURU 560009

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HC-KAR

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KARNATAKA STATE NURSING AND PARA MEDICAL SCIENCES EDUCATION (REGULATION) AUTHORITY 1ST FLOOR, LIBRARY BLOCK, BMCRI CAMPUS, K R ROAD, BANGALORE 560002, REP BY ITS SECRETARY

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THE SECRETARY KARNATAKA STATE DIPLOMA IN NURSING EXAMINATION BOARD, 1ST FLOOR, LIBRARY BLOCK, BMCRI CAMPUS, VICTORIA HOSPITAL COMPOUND, BANGALORE 560002

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THE SECRETARY MEDICAL EDUCATION, MS BUILDING, VIDHANA VEEDHI, BENGALURU 560001

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…RESPONDENTS

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(BY SRI. YOGESH D NAIK, ADVOCATE FOR R1 TO R3 SRI. MANJUNATH K., HCGP FOR R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) DIRECTING THE R2 AND 3 TO GENERATE THE REGISTRATION NUMBERS OF PETITIONER NO. 2 TO 31 IN GENERAL NURSING AND MIDWIFERY (GNM) ADMITTED IN THE 1ST PETITIONERS INSTITUTE OF NURSING SCIENCE FOR THE ACADEMIC YEAR 2022-2023. b) DIRECTING THE R2 AND R3 TO PERMIT PETITIONER NO. 2 TO 31 TO APPEAR FOR ANNUAL EXAMINATION SCHEDULED BY THE R2 AS PER ANNEXURE-A, DATED 04/12/2023 VIDE NO. KSDNEB/EST/43/2023-24, IN GENERAL NURSING AND MIDWIFERY (GNM). c) TO AWARD COSTS OF PROCEEDINGS.

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HC-KAR

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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ORAL ORDER

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The petitioners filed this petition seeking a mandamus directing respondent Nos.2 and 3 to generate the registration numbers of petitioner Nos.2 to 31 in General Nursing and Midwifery (GNM) admitted in petitioner No.1-School for the academic year 2022-23 and also directing respondent Nos.2 and 3 to permit petitioner Nos.2 to 31 to appear for annual examination scheduled by respondent No.2 as per Annexure-A dated 10.11.2023.

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Brief facts leading rise to the filing of this petition are as follows:

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2.1. Petitioner No.1 is an institution affiliated to respondent No.2 - Karnataka State Nursing and Paramedical Sciences Education (Regulation) Authority. Its grievance is that, even after it has furnished all the information and details of the students including the

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HC-KAR

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original marks cards to respondent No.1, there has been delay in allotting the registration numbers of some students pursuing their studies in petitioner No.1Institution.

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Heard the arguments of learned counsel for the

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petitioners and learned counsel for the respondents.

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Learned counsel for the petitioners submits that, petitioner No.1-Institution has admitted the students for the academic year 2022-23 and sought for approval from respondent No.2 to admit the students. The list of the students and their documents were uploaded in the website of respondent No.2. The petitioner draws the attention of this Court to an order passed in an identical matter by the Co-ordinate Bench of this Court in the case of Vaasudhara School of Nursing Vs. The Registrar, Karnataka State Nursing Council and Others¹ , wherein this Court has directed respondent No.2

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1 WP No.6634/2021, disposed of on 31.03.2021

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(respondent No.3 herein) to issue registration numbers and hall tickets regarding all the admitted students in terms of the list forwarded by respondent-Council pertaining to the students of petitioner-Institution therein. He submits that, the petitioners herein are entitled to the similar benefit on the ground of parity and the writ petitions may be disposed of in terms of the order passed by the Co-ordinate Bench of this Court in the aforesaid writ petition.

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Learned counsel for the respondents submits that, the writ petitions may be disposed of in terms of the order passed by the Co-ordinate Bench of this Court in the aforesaid writ petition.

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Perused the records and considered the submissions of the learned counsel for the parties.

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It is an undisputed fact that petitioner No.1 admitted the students for the academic year 2022-23 within the last date fixed by respondent No.2 and they

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HC-KAR

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have hosted the list of the students on the website of respondent No.2. Respondent Nos.2 and 3 have not approved the registration of petitioner Nos.2 to 31 admitted in petitioner No.1-Institution. In an identical matter, this Court in the case of Vaasudhara School of

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Nursing (supra), directed the Council and Board to issue registration numbers and hall tickets regarding all the students admitted to the Institution. The students of petitioner No.1-Institution stand on the same footing. Hence, the petitioners are entitled to the similar benefit on the ground of parity.

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In view of the above discussion, I proceed to

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pass the following:

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ORDER

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i. The writ petition is disposed of ;

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ii. Respondent Nos.2 and 3 are directed to issue registration numbers and hall tickets in respect of petitioner Nos.2 to 31 in terms of the list forwarded by respondent No.1 to respondent Nos.2 and 3 pertaining to the students of the

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