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2025 DAILYLAW 17055 (KAR)

SHANTIDHAMA INSTITUTE OF ALIED v. STATE OF KARNATAKA

WP/4326/2025 · 2025-04-15

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:15514 WP No. 4326 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION No.4326 OF 2025 (EDN-RES) BETWEEN: SHANTIDHAMA INSTITUTE OF ALIED HEALTH SCIENCES REP. BY ITS PRINCIPAL NO.1/2A, KODIGEHALLI VILLAGE OPP. GOVT SCHOOL VISWANEEDAM POST MAGADI MAIN ROAD BANGALORE -560091 …PETITIONER (BY SMT.ANN MARY TOMY, FOR SRI NITIN A M, ADVOCATES) 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-560 001 2. THE REGISTRAR THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH BLOCK, JAYANAGAR BANGALORE-560 011 …RESPONDENTS (BY SMT.SUKANYA BALIGA, AGA FOR R1; SMT.FARAH FATHIMA, ADVOCATE FOR R2) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15514 WP No. 4326 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT ISSUED BY RESPONDENT NO.2 VIDE NO.RGUHS/AHS/AFF/ENDORS/2024-25 DT.29-01-2025 i.e., ANNEXURE-G AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER The petitioner has sought for the following reliefs in the present writ petition. “(i) Issue a writ of certiorari setting aside the endorsement issued by respondent No.2 vide No.RGUHS/AHS/AFF/Endors/ 2024-25 dt.29.01.2025 i.e., Annexure-G. (ii) To direct respondent No.2 to grant continuation of affiliation to the petitioner Institution for the academic year 2024-25. (iii) To direct respondent No.2 to consider the representation dated 10.02.2025 filed by the petitioner seeking approval for continuation of affiliation for the academic year 2024-25 i.e., Annexure-J.” 2. Heard the learned counsel for the petitioner, learned Addl. Government Advocate for respondent No.1 and the learned counsel for the respondent No.2. - 3 - NC: 2025:KHC:15514 WP No. 4326 of 2025 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner invited my attention to the interim Order dated 14.02.2025 passed by this Court in the present petition in order to contend that in pursuance of the same, representation dated 10.02.2025 submitted by the petitioner has not been considered by respondent No.2 and the present petition can be disposed of directing the respondent No.2 to consider the said representation and take appropriate steps/ pass appropriate orders, in accordance with law, within a stipulated time frame. 4. The submission is placed on record. 5. On 14.02.2025 this Court passed the following interim Order: “Learned AGA accepts notice for respondent No.1. Smt. Farah Fathima, learned counsel is directed to accept notice for respondent No.2. Petitioner' counsel to serve writ petition papers on learned counsel appearing for the respondents. - 4 - NC: 2025:KHC:15514 WP No. 4326 of 2025 Learned counsel for the petitioner submits that deficiency pointed out at Annexure-G is without considering the documents produced by the petitioner. It is also submitted that pursuant to the endorsement issued by respondent No.2, the petitioner has filed representation on 10.02.2025 along with documents in compliance of the deficiency pointed out at Annexure-G and sought continuation of the affiliation for the academic year 2024-25, in light of the compliance made by the institution. There shall be stay of the endorsement issued by respondent No.2 at Annexure-G dated 29.01.2025 till next date of hearing. Respondents are at liberty to seek for modification /vacating of the interim order.” 6. In view of the aforesaid facts and circumstances of the case and the undisputed fact that representation dated 10.02.2025 submitted by the petitioner has not been considered by respondent No.2 who has not taken any decision of passing any order even till today, I deem it appropriate to dispose of the petition directing respondent No.2 to consider and pass appropriate order/take decision on the aforesaid representation dated 10.02.2025 submitted by the petitioner in accordance with law, after providing sufficient and reasonable - 5 - NC: 2025:KHC:15514 WP No. 4326 of 2025 opportunity to the petitioner, within a period of two weeks from the date of receipt of copy of this Order. 7. With the aforesaid direction, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE kcm List No.: 1 Sl No.: 100