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2025 DAILYLAW 32023 (KAR)

KRUPANIDHI COLLEGE OF NURSING v. THE STATE OF KARNATAKA

WP/21306/2022 · 2025-06-30

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23138 WP NO.21306 OF 2022 C/W WP NO.19906 OF 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.21306 OF 2022 (EDN-RES) C/W WRIT PETITION NO.19906 OF 2022 IN WP No.21306/2022 BETWEEN: 1. KRUPANIDHI COLLEGE OF NURSING NO.12/1, CHIKKABELLANDUR VILLAGE, CARMELRAM POST, VARTHUR HOBLI, BENGALURU - 560 035. REPRESENTED BY ITS PRINCIPAL DR. DEVI S. 2. SRI. SHANTHINI COLLEGE OF NURSING NO.188/3, PARVATHI NAGAR, LAGGERE MAIN ROAD, LAGGERE, BENGALURU - 560 056. REP. BY ITS PRINCIPAL SMT. PUSHPA H.K. …PETITIONERS (BY SRI. KRISHNA T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, M.S. BUILDING, BENGALURU - 560 001. REP. BY ITS PRINCIPAL SECRETARY. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23138 WP NO.21306 OF 2022 C/W WP NO.19906 OF 2022 2. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH 'T' BLOCK, JAYANAGAR, BENGALURU - 560 011. REP. BY ITS REGISTRAR. 3. SRI. M.K. THOMAS S/O K.T. THOMAS AGED ABOUT 55 YEARS, NO.38/11,1ST CROSS, 1ST MAIN, MARIYAPPANAPALYA, RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1; SRI. B.S. SACHIN, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION DATED 22ND SEPTEMBER, 2022 ADDRESSED BY RESPONDENT NO.1 TO THE RESPONDENT NO.2 VIDE ANNEXURE-A INSOFAR AS IT RELATES TO THE PETITIONERS HEREIN; AND ETC. IN WP NO.19906/2022 BETWEEN: 1. HARSHA COLLEGE OF NURSING NO.193/4, SONDEKOPPA CIRCLE, NH-4, NELAMANGALA, BENGALURU - 562 123. REPRESENTED BY ITS CHAIRMAN SRI. S. SHIVAKUMAR. 2. BHAGATH COLLEGE OF NURSING NO.29/1, MALLAPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU - 562 162. REPRESENTED BY ITS PRINCIPAL G. MANJULA. - 3 - HC-KAR NC: 2025:KHC:23138 WP NO.21306 OF 2022 C/W WP NO.19906 OF 2022 3. BANGALORE CITY INTERNATIONAL COLLEGE OF NURSING SY.NO.30, MALLAPURA VILLAGE, NEAR GOVERNMENT SCHOOL, KASABA HOBLI, NELAMANGALA, BENGALURU - 562 162. REP. BY ITS PRINCIPAL MRS. ANNE MEHALA RATNAM. 4. AMBIKA COLLEGE OF NURSING THYMAGONDALU CROSS ROAD, T. BEGUR, NELAMANGALA, BENGALURU - 562 123. REP. BY ITS PRINCIPAL SRI. HEMARAJU R. 5. JUPITER COLLEGE OF NURSING NO.225, BEHIND TATA MOTORS ARASHINAKUNTE, OFF. TUMKUR ROAD NELAMANGALA, BENGALURU - 562 123. REP. BY ITS CHAIRMAN DR. R. MURALIDHAR. ...PETITIONERS (BY SRI. KRISHNA T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE M.S. BUILDING, BENGALURU - 560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH 'T' BLOCK, JAYANAGAR BENGALURU - 560 011. REP. BY ITS REGISTRAR. - 4 - HC-KAR NC: 2025:KHC:23138 WP NO.21306 OF 2022 C/W WP NO.19906 OF 2022 3. SRI. M.K. THOMAS S/O K.T. THOMAS, AGED ABOUT 55 YEARS, NO.38/11, 1ST CROSS, 1ST MAIN, MARIYAPPANAPALYA, RAJAJINAGAR, BENGALURU - 560 010. ...RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1; SRI. B.S. SACHIN, ADVOCATE FOR R2; RESPONDENT NO.3 - SERVED) THIS WRIT PETITON IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION DATED 07TH SEPTEMBER, 2022 MADE BY THE RESPONDENT NO.2 VIDE ANNEXURE-A INSOFAR AS IT RELATES TO THE PETITIONERS; AND ETC. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In Writ Petition No.21306 of 2022, petitioners are assailing the communication dated 22nd September, 2022 (Annexure-A) made by the respondent No.1-Governemnt to the respondent No.2-University insofar as it relates to the petitioner-Colleges. 2. In Writ Petition No.19906 of 2022, petitioners are assailing the communication dated 07th September, 2022 made - 5 - HC-KAR NC: 2025:KHC:23138 WP NO.21306 OF 2022 C/W WP NO.19906 OF 2022 by the respondent No.2-University insofar as it relates to the petitioner-Colleges. 3. Heard Sri. Krishna T., learned counsel appearing for petitioners; Sri. Manjunath K., learned High Court Government Pleader appearing for the respondent No.1-Government; and Sri. B.S. Sachin, learned counsel appearing for the respondent No.2-University. 4. Sri. Krishna T., learned counsel appearing for the petitioners invited the attention of the Court to the order dated 04th November, 2024 passed by this Court and the Communication dated 22nd September, 2022 made by the respondent No.1-Government to the respondent No.2- Univesity, which is impugned in WP. No.21306 of 2022 and submitted that, an enquiry has been initiated at the instance of the respondent No.3 in respect of 132 Colleges mentioned in the letter dated 22nd September, 2022 (Annexure-A). He further contended that, insofar as the compliance is concerned, there no allegation by the respondent No.2-University in respect of the petitioner-Colleges. - 6 - HC-KAR NC: 2025:KHC:23138 WP NO.21306 OF 2022 C/W WP NO.19906 OF 2022 5. Per contra, Sri. B.S. Sachin, learned counsel appearing the respondent No.2-University submits that the affiliation has been given to the petitioner-Colleges till the present Academic year. 6. In that view of the matter, as there is no adverse report against the petitioner-Colleges, I am of the view that the impugned communication dated 29th September, 2022 (Annexure-A in WP No.21306/2022) and communication dated 07th September, 2022 (Annexure-A in WP No.19906/2022) made in respect of the petitioner-Colleges are hereby set-aside. Accordingly, writ petitions are disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 63