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2025 DAILYLAW 30666 (KAR)

M.M. SCHOOL OF NURSING v. THE STATE OF KARNATAKA

WP/19574/2025 · 2025-07-08

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24733 WP NO.19574 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.19574 OF 2025 (EDN-RES) BETWEEN: M.M. SCHOOL OF NURSING REP. BY ITS PRINCIPAL, NO.56-A, KURUBARAHALLI, TAVAREKERE (H), KENGERI (T), BENGALURU - 562 130. …PETITIONER (BY SRI. NITIN A.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, MEDICAL EDUCATION AND SKILL DEVELOPMENT DEPARTMENT, GOVERNMENT OF KARNATAKA, ROOM NO.206, 2ND FLOOR, VIKASA SOUDHA, BENGALURU. 2. KARNATAKA STATE DILPOMA IN NURSING EXAMINATION BOARD., REP. BY ITS SECRETARY, 1ST FLOOR, LIBRARY BLOCK, BMC AND RI CAMPUS, K.R. ROAD, BENGALURU - 560 002. …RESPONDENTS (BY SMT. SUKANYA BALIGA, AGA FOR R1) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24733 WP NO.19574 OF 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 07TH MAY, 2025, 13TH MAY, 2025 AND 12TH JUNE, 2025 VIDE ANNEXURES 'K' AND ANNEXURES 'L1' TO 'L5' RESPECTIVELY; DIRECT THE RESPONDENT NO.2 TO PROVIDE THE USER ID AND PASSWORD FOR THE RESPONDENT NO.2 REGISTRATION PORTAL AND STUDENTS REGISTRATION PORTAL FOR CARRYING OUT SCHOOL/INSTITUTIONAL ACTIVITIES OF THE PETITIONER INSTITUTION; DIRECT THE RESPONDENT NO.2 TO ANNOUNCE THE RESULTS OF THE STUDENTS OF PETITIONER-INSTITUTION STUDYING IN III YEAR OF GNM COURSE; AND ETC. THIS PETITION COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER Smt. Sukanya Baliga, learned Additional Government Advocate accepts notice for respondents. 2. In this writ petition, the petitioner-Institution has sought for direction to the respondents to consider the representations at Annexures 'K' and Annexures 'L1' to 'L5'; inter alia, sought for direction to the respondent No.2 to provide USER ID and PASSWORD for the respondent No.2 registration portal for carrying out the school/institutional activities of the petitioner-Institution, so also, to direct the - 3 - HC-KAR NC: 2025:KHC:24733 WP NO.19574 OF 2025 respondent No.2 to announce the results of the students of the petitioner-Institution pursuing III year GNM Course. 3. Heard the learned counsel appearing for the parties. 4. Having taken note of the submission made by learned counsel appearing for the parties and on perusal of the writ petition would indicate that the respondents have taken coercive steps against the petitioner-Institution at the instance of the complaint lodged by one Mr. Raju Gowda and thereafter, inspection was conducted by the respondents. The inspection report is produced at Annexure-H to the writ petition. The respondents have arrived at a conclusion that there is a four storied building existing in the schedule land provided in the said inspection report. The said aspect would indicate that the respondents have no grievance for statutory compliance in respect of the petitioner-Institution. 5. In that view of the matter, taking into account the urgency in the matter to enable the students of the petitioner- Institution to take supplementary examination, I am of the view that there is no impediment for the respondent No.2 to provide USER ID and PASSWORD as claimed by the petitioner- - 4 - HC-KAR NC: 2025:KHC:24733 WP NO.19574 OF 2025 Institution in the representations produced at Annexure-L series. It is also made clear that the respondents are permitted to visit the petitioner-institution, time and again to see the statutory compliance periodically namely, infrastructure, admission as well as the establishment in the Nursing school. If at all, any deficiency in statutory compliance by the petitioner-Institution, the respondents are duty bound to take appropriate steps against the petitioner-Institution in accordance with law. With the backdrop of this observation, respondent No.2 is directed to provide USER ID and PASSWORD to the petitioner on or before 09th July, 2025 to enable the students to apply for supplementary examination. It is also made clear that the respondent No.2 is directed to announce the results of the students of the petitioner- Institution pursuing III year GNM course by 09th July, 2025. forthwith. With this observation, writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 2 Sl No.: 1