- 1 - NC: 2025:KHC:5985 WP No. 601 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.601 OF 2025 (EDN-RES) BETWEEN: SHEKHAR COLLEGE OF NURSING #164, KADUSONNAPANAHALLI, HOSUR BANDAE, HENNUR, BAGALUR MAIN ROAD, BENGALURU-562149, REPRESENTED BY ITS PRINCIPAL SRI. SIBI ALEXANDER S/O. ALEXKUTTY P.A. R/AT FLAT NO.E 1204, E BLOCK, HENNUR MAIN ROAD, CHIKKILAGUBBI, BANGALORE NORTH, BANGALORE-560077. ... PETITIONER (BY SRI NITIN A.M., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, MEDICAL EDUCATION AND SKILL DEVELOPMENT DEPARTMENT, GOVERNMENT OF KARNATAKA, ROOM NO.206, 2ND FLOOR, VIKASA SOUDHA, BENGALURU. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5985 WP No. 601 of 2025 2. THE REGISTRAR THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH BLOCK, JAYANAGAR, BANGALORE. 3. KARNATAKA STATE NURSING COUNCIL 71, NIGHTINGALE TOWERS, A STREET, 6TH CROSS ROAD, NEAR MOVIELAND THEATER, A.R. EXTENSION, GANDHI NAGAR, BENGALURU. ... RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R-1; SMT. FARAH FATHIMA, ADVOCATE FOR R-2; SMT. JYOTHI M. MARADI, ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE DECISION OF THE 190TH SYNDICATE MEETING DATED 29.10.2024 WHICH DENIED CONTINUATION OF AFFILIATION TO THE PETITIONER INSTITUTION i.e., ANNEXURE-M; DIRECT RESPONDENT NO.2 TO ALLOW THE PETITIONER TO UPDATE THE LIST OF NAMES OF STUDENTS ADMITTED FOR THE ACADEMIC YEAR 2024-2025 BY RESTORING ACCESS TO THE ADMISSIONS PORTAL i.e., ANNEXURE-N1 AND ANNEXURE-N2 RESPECTIVELY; DIRECT RESPONDENT NO.2 TO GRANT CONTINUOUS AFFILIATION TO THE PETITIONER INSTITUTION TO ENSURE THE SMOOTH OPERATION OF ITS ACADEMIC PROGRAMS. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 3 - NC: 2025:KHC:5985 WP No. 601 of 2025 ORAL ORDER Petitioner is seeking for the following reliefs: “1. Issue a writ of certiorari setting aside the decision of the 190th Syndicate Meeting dated 29- 10-2024, which denied continuation of affiliation to the Petitioner institution; 2. Issue a writ of mandamus directing Respondent No. 2 to allow the Petitioner to update the list of names of students admitted for the academic year 2024-2025 by restoring access to the admissions portal; 3. Direct Respondent No.2 to grant continuous affiliation to the Petitioner institution to ensure the smooth operation of its academic programs; 4. Pass such other and further orders as may be deemed fit and proper in the interest of justice and equity. 5. To quash the endorsement dated 18/10/2024 i.e., ANNEXURE-P and issue a direction to the respondent to issue a continuation affiliation for the year 2024-25 to the petitioner institution.” 2. Heard the learned counsel for the petitioner, learned AGA for respondent No.1 and learned counsel for - 4 - NC: 2025:KHC:5985 WP No. 601 of 2025 respondent Nos.2 and 3 and perused the material on record. 3. Learned counsel for the petitioner, reiterating the various contentions urged in the writ petition, mainly would urge that respondent No.2 in the year 2024 had issued an endorsement alleging the procedural irregularities in the address change and discontinuing the college affiliation, citing incomplete LIC inspections and non-compliance with the affiliation norms, that the petitioner had approached this Court in WP No.21210/2024, wherein respondent No.2 was directed to reconsider the petitioner’s request for continuation of affiliation within six weeks. It is submitted that an endorsement dated 18.10.2024 at Annexure-P is pursuant to the 190th Syndicate meeting held by the respondent and by the impugned endorsement, respondent No.2 has denied the continuation of affiliation to the petitioner- institution on the ground that the College of Nursing does not have 100 bedded parent hospital as per the - 5 - NC: 2025:KHC:5985 WP No. 601 of 2025 notification issued by the Indian Nursing Council vide notification dated 05.07.2021 and several deficiencies have been reasoned. It is submitted that Regulations of the year 2021 are not applicable to the petitioner- institution, as the petitioner-institution was established in the year 2003 and the notification is applicable only for the institution/college which has been established from 2013- 2014. 4. Learned counsel appearing for respondent No.2-university supporting the statement of objections submits that the petition lack merits. Learned counsel for respondent No.2 submits as per the Indian Nursing Council Regulations and RGUHS norms, the University had rightly rejected the application for continuation of the affiliation of the petitioner-institution for the year 2024-2025. 5. A perusal of the material on record and impugned endorsement would indicate that respondent No.2 refused grant of affiliation, citing the following deficiencies: - 6 - NC: 2025:KHC:5985 WP No. 601 of 2025 “1. College established in the year of 2002-03. 2. College is having affiliated hospital, named as a) Richardson Face Hospital Pvt. Ltd., Bengaluru b) Sri Jayadeva Institute of Cardiovascular Sciences, Bengaluru c) Spandana Hospital 3. KPMEA shows 28 beds for Richardson Face Hospital Pvt. Ltd, Bengaluru and as per information, it is not a multispeciality hospital. 4. Spandana Hospital is Psychiatry hospital. 5. Sri Jayadeva Institute of Cardiovascular Sciences, Bengaluru is Cardiology speciality hospital. 6. College is not having clinical speciality as per RGUHS norms. 7. 25 teaching faculties available including Principal. 8. Principal is not eligible as per RGUHS norms and experience certificate is not submitted. 9. 06 class rooms, 06 labs and library available. 10. 3233 books available in library. 11. College building tax paid receipt not submitted. 12. College building license not submitted. - 7 - NC: 2025:KHC:5985 WP No. 601 of 2025 13. College has been submitted unregistered leased building documents. 14. Transportation facility available.” (Emphasis supplied) 6. In the context of the reasons assigned by respondent No.2 for refusal of affiliation insofar as the clinical facilities are concerned, learned counsel for the petitioner brings to the notice of this Court the memorandum of understanding at Annexure-H and points out under the memorandum of understanding by the petitioner-institution with one hospital by name One Point Charis American Hospital having 100 bedded hospital, thus the endorsement issued by respondent No.2 directing the petitioners not to take any admissions is without any reasons. 7. Per contra, learned counsel for the respondents submits that the Memorandum of Understanding at Annexure-H has been executed pursuant to the endorsement issued by respondent No.2, and if the - 8 - NC: 2025:KHC:5985 WP No. 601 of 2025 petitioner submits representation along with the documents, the same would be considered by respondent No.2 in accordance with law. 8. In light of aforesaid facts and circumstances made out by either sides and considering that the grievance of the petitioner would be meted if an opportunity is given to the petitioner to make representation to respondent No.2 along with the material to support his contentions, this Court deems it appropriate to quash the impugned endorsement and for the forgoing reasons the following: ORDER i. Writ petition is allowed. ii. The impugned endorsement at Annexure-P dated 18.10.2024 is hereby quashed. iii. Petitioner to submit representation along with the memorandum of understanding and all relevant documents in support of his - 9 - NC: 2025:KHC:5985 WP No. 601 of 2025 contentions to respondent No.2-university before 14.02.2025. iv. On receipt of representation, respondent No.2 to reconsider the request of the petitioner for continuation of affiliation for the academic year 2024-2025 and pass appropriate orders in accordance with law within a period of four weeks on or before 15.03.2025. Sd/- ______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 3