- 1 - NC: 2025:KHC:6421 WP No. 30079 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 30079 OF 2024 (EDN-RES) BETWEEN: MANGALA SCHOOL OF NURSING (REGISTERED UNDER KPMEA ACT 2007 AND RULES 2009), 'VIDYANAGAR', NEERMARGA ROAD, PEDAMALE POST, MANGALURU-575 029, REP. BY ITS PRINCIPAL, SUBRAMANYA NAYAK, S/O DEVANNA NAYAK, AGED ABOUT 43 YEARS. …PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF MEDICAL EDUCATION, M.S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001, REP. BY ITS PRINCIPAL SECRETARY. 2. KARNATAKA STATE NURSING COUNCIL NO.71, NIGHTINGALE TOWERS, A STREET, 6TH CROSS, A.R. EXTENSION, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6421 WP No. 30079 of 2024 NEAR MOVILAND THEATRE, GANDHI NAGAR, BENGALURU-560 009, REP. BY ITS REGISTRAR. 3. KARNATAKA STATE DIPLOMA IN NURSING EXAMINATION BOARD, IST FLOOR, LIBRARY BLOCK, BMC AND RI CAMOUS K.R. ROAD, BENGALURU-560 002, REP. BY ITS SECRETARY. …RESPONDENTS (BY SMT. MAMATHA SHETTY, AGA FOR R1; SMT. JYOTHI M MARADI, ADVOCATE FOR R2; SMT. NEHA VENKATESH, ADVOCATE FOR SRI. SUDHARSHAN S., ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED. 22.10.2024 IN NO. MED 284 MSF 2023 ISSUED BY THE R-1 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner seeks for the following reliefs: (a) Issue a Writ of Certiorari to quash the Endorsement dated 22.10.2024 in No. MED 284 - 3 - NC: 2025:KHC:6421 WP No. 30079 of 2024 MSF 2023 issued by the 1st Respondent vide Annexure-A. (b) Issue a Writ of Mandamus directing the Respondent No.1 to consider the application dated 21.08.2021 in terms of the order passed by this Hon'ble Court in W.P. No.14047/2022 dated 26.09.2022 and also order dated 09.08.2024 passed by this Hon'ble Court in W.P. No.20735/2023 vide Annexure R and G and thereby enhance GNM seats from 41 to 80 in their School of Nursing vide Annexure-G (c) Issue a Writ or direction to the Respondent No.3 to register the names of the students who got admitted pursuant to the order dated 03.10.2023 passed by this Hon'ble Court in W.P. No.20735/2023 Vide Annexure Z and permit them to take up their examination as per the list submitted at Annexure-B. (d) Grant such other and further relief's as this Hon'ble Court as this Hon'ble court deems fit and proper under the circumstances of this case, in the interest of justice and equity. 2. Heard the learned counsel for the petitioner, Smt.Mamatha Shetty, learned Additional Government Advocate for Respondent No.1-State, Smt.Jyothi M.Maradi for Respondent No.2 and Smt.Neha Venkatesh for Sri. Sudharshan.S, learned counsel for Respondent No.3 and perused the material on record. - 4 - NC: 2025:KHC:6421 WP No. 30079 of 2024 3. The petitioner is Mangala School of Nursing which runs Mangala hospital and Mangala Kidney Foundation, a reputed hospital in Dakshina Kannada district functioning for more than 30 years. The Indian School of Nursing Council accorded recognition to the Mangala School of Nursing after inception commencing from 2006-07 with an intake of 40 students per year and Respondent No.2 accorded provisional recognition to the petitioner by notification dated 15.06.2007. Pursuant to the application seeking enhancement of students' intake capacity from 41 to 80, an inspection was conducted by the respondents, who submitted a report to the effect that the petitioner possessed sufficient infrastructural facilities to increase/enhance intake. 4. The Government passed a General Order not to grant permission to New colleges or to enhance the intake of the students. The petitioner challenged the Government order in Writ Petition No.14047/2022 before this Court. This - 5 - NC: 2025:KHC:6421 WP No. 30079 of 2024 Court disposed of the writ petition directing the state- respondent No.1 to consider the application of the petitioner without reference to the order dated 20.05.2022. Respondent No.1 again on 15.12.2022, passed an order based on the Government Order dated 20.05.2022 without considering the Order passed in Writ Petition No.14047/2022, which was again assailed by the petitioner in Writ Petition No.20735/2023. This Court, on 09.08.2024 in Writ Petition No.20735/2023 directed the respondent to consider the request of the petitioner for the increase of intake from 41 students to 80 students in terms of their representation and bearing in mind the decision of the Court in Writ Petition No.14047/2022 disposed of on 26.09.2022. Now, by way of an impugned order at Annexure-K, a similar order is again passed by the Respondent No.1 based on the Government Order dated 20.05.2022. This Court in Writ Petition No.14047/2022, disposed of on 26.09.2022, had specifically held that the consideration of the application - 6 - NC: 2025:KHC:6421 WP No. 30079 of 2024 has to be without considering the Government Order dated 20.05.2022. This Court is unable to understand as to why Respondent No.2 has been passing the impugned orders without considering the directions issued by this Court on two earlier occasions. This makes this Court to interfere with this Order at Annexure-A. In the result, I pass the following: ORDER i) Writ Petition is allowed. ii) The impugned order at Annexure-A dated 22.10.2024 is hereby quashed. iii) The respondents are directed to consider the application of the petitioner in terms of the Order passed by this Court in Writ Petition No.14047/2022 disposed on 26.09.2022 and the order passed in Writ Petition 20735/2023 disposed on 9.08.2024 without considering the Government Order - 7 - NC: 2025:KHC:6421 WP No. 30079 of 2024 dated 20.05.2022, consideration only on the merits of the application of the petitioner and the inspection report dated 17.06.2023 within an outer limit of four weeks from the date of receipt of the copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA BNV List No.: 1 Sl No.: 28 CT:SNN