- 1 - HC-KAR NC: 2025:KHC-K:3101 WP No. 201602 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201602 OF 2025 (EDN-EX) BETWEEN: THAKUR COLLEGE OF NURSING, HULSOOR ROAD, BASAVAKALYAN, TQ. BASAVAKALYAN, DIST. BIDAR-585 327, REPRESENTED BY ITS PRINCIPAL SMT. PRABHAVATI K. W/O JOHN K. …PETITIONER (BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, BENGALURU-560 001. 2. THE VICE-CHANCELLOR, RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA, 4TH “T” BLOCK, JAYANAGAR, BENGALURU-560 041. 3. THE REGISTRAR, RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA, 4TH “T” BLOCK, JAYANAGAR, BENGALURU-560 041. …RESPONDENTS (BY SRI. GOPALKRISHNA B. YADAV, HCGP FOR R1; SRI. R. J. BHUSARE, ADVOCATE FOR R2 & R3) Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3101 WP No. 201602 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 AND 3 TO CONSIDER THE REPRESENTATION AT ANNEXURE-C DATED 26.11.2024 SUBMITTED BY THE PETITIONER-COLLEGE THROUGH REGISTERED E-MAIL. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) Petitioner is a college offering the course of B.Sc. Nursing and was affiliated to respondent No.3-University. It was permitted to commence the said course with an intake of 40 students for the academic year 2022-23. However, its request for continuation of affiliation for the academic year 2024-25 has not been considered on the ground that they are having certain deficiencies and an order came to be passed by respondent No.3, which is dated 17.09.2024 (Annexure-B to the writ petition). By virtue of the said order, petitioner should not have made fresh admissions for the academic year 2024-25. However, - 3 - HC-KAR NC: 2025:KHC-K:3101 WP No. 201602 of 2025 the petitioner has gone ahead and has admitted 20 students as mentioned in its letter to the university (Annexure-D to the writ petition). Thereafter, the petitioner has submitted a representation dated 26.11.2024 stating that the deficiencies have been complied with and in the light of the same, affiliation should be continued to the petitioner-college for the academic year 2024-25. As no decision has been taken by respondent No.3-University, the present writ petition is filed with the following prayers: “A) Issue a writ in the nature of mandamus directing the respondent No.2 & 3 to consider the representation at Annexure-C dated 26.11.2024 submitted by the petitioner-college through registered e-mail. B) Grant such other relief or reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. In the course of the arguments, learned counsel for the petitioner admits that there were certain - 4 - HC-KAR NC: 2025:KHC-K:3101 WP No. 201602 of 2025 deficiencies in the college, which resulted in refusal to grant affiliation by the University. However, the same has been subsequently cured and hence, the representation at Annexure-C to the writ petition dated 26.11.2024 has been made to the University. It is further submitted that in the meanwhile, 20 students have been admitted to the college. It is contented that the University has failed to consider the representation made by the college and hence, the present writ petition is filed. 3. Learned counsel for respondent Nos.2 and 3 - University, upon instructions submits that as on the date of making inspection of the college, there were certain deficiencies, which resulted in the final order dated 17.09.2024 at Annexure-B to the writ petition being issued, by which the petitioner-college was not granted continuation of affiliation for the academic year 2024-25. It is submitted that in violation of the said order, petitioner has admitted 20 students and it is further submitted that if deficiencies are cured, petitioner is entitled to make - 5 - HC-KAR NC: 2025:KHC-K:3101 WP No. 201602 of 2025 necessary application for affiliation in the next academic year. It is further submitted that when there is no prayer to quash the final order, the question of issuing mandamus as prayed for by the college does not arise. On the said ground, it is prayed that the writ petition be dismissed. 4. Admittedly, the petitioner-college had lot of deficiencies, resulting in discontinuation of the affiliation for the academic year 2024-25. Consequently, no relief can be granted in favour of the college as prayed for in the writ petition. 5. However, it is noticed that the 20 innocent students have been admitted by the petitioner-college for the academic year 2024-25 and their interest needs to be protected. Hence, the following: - 6 - HC-KAR NC: 2025:KHC-K:3101 WP No. 201602 of 2025 ORDER i) The writ petition is hereby dismissed with the costs of Rs.10,00,000/- (Rupees Ten Lakhs only) payable by the petitioner to respondent No.3-University. ii) The students admitted by the petitioner-college as detailed in Annexure-D to the writ petition shall be allowed to appear in the examination scheduled to commence from 17.06.2025, which is conducted by respondent No.3- University, subject however to payment of the examination and other fee to the University and they otherwise being qualified to pursue the course of B.Sc. Nursing. iii) Respondent No.3-University shall take steps to have the students transferred to any other college to complete their B.Sc. Nursing course. - 7 - HC-KAR NC: 2025:KHC-K:3101 WP No. 201602 of 2025 iv) Respondent No.3-University is at liberty to recover the aforementioned amounts from the petitioner-college by instituting necessary proceedings, if the same is not paid within a period of two months from today. Sd/- (M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 62