SHARABHESHWARA INSTITUTE OF NURSING BELLARY v. KARNATAKA STATE DIPLOMA IN SURSING
WP/101236/2025 · 2025-03-21
M G Uma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4108 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4108 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:5202 WP No. 101236 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 101236 OF 2025 (EDN-RES) BETWEEN:
1. SHARABHESHWARA INSTITUTE OF NURSING BELLARY 5TH WARD, GUGGARAHATTI, BELLARY- 583102. REPRESENTED BY ITS PRINCIPAL KANNAMAL C.
2. AFZALAM S/O. SHARIF ALI AGED ABOUT 24 YEARS
3. AJAYKUMAR S/O. NAIMSINGH AGED ABOUT 24 YEARS
4. AKSHAY S/O. RAMJEET AGED ABOUT 19 YEARS
5. AMARJEET S/O. BHARATRAJPRAJAPATI AGED ABOUT 24 YEARS
6. ANAS S/O. MOHDANIS AGED ABOUT 24 YEARS
7. ANKUSH S/O. VIRENDER AGED ABOUT 20 YEARS
8. AQUIB KHAN S/O. SALEEM KHAN AGED ABOUT 24 YEARS
Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD
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NC: 2025:KHC-D:5202 WP No. 101236 of 2025
9. ARUN S/O. MANJEET AGED ABOUT 19 YEARS
10.ASHA D/O. JAI BHAGWAN SEHRAJ AGED ABOUT 30 YEARS
11. ASHOK S/O. BALBIR AGED ABOUT 32 YEARS
12. BAL KISHORE KEWAT S/O. RAMCHANDER KEWAT AGED ABOUT 36 YEARS
13. BANTI S/O. KRISHAN CHANDER AGED ABOUT 22 YEARS
14. BHANU PRATAP S/O. SUNDERLAL AGED ABOUT 21 YEARS
15. BHARTI D/O. NARENDER AGED ABOUT 24 YEARS
16. CHANDEN S/O. SURESH AGED ABOUT 32 YEARS
17. DEEPTI BISWAL D/O. AJITKUMAR BISWAL AGED ABOUT 22 YEARS
18. DHEERAJ S/O. RAJESH
AGED ABOUT 21 YEARS
19. DIKSHA D/O. VIPINTIWARI
AGED ABOUT 20 YEARS
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NC: 2025:KHC-D:5202 WP No. 101236 of 2025
20. DUDHAVADE VILAS DATTU
S/O. DADHAVADE DATTU
AGED ABOUT 25 YEARS
21. GAURAV KUMAR JHA
S/O. JEEVESHWAR JHA
AGED ABOUT 21 YEARS
22. GITA
D/O. RAM CHANDER PRASAD
AGED ABOUT 25 YEARS
23. GOURAV DUGGAL
S/O. KRISHAN LAL
AGED ABOUT 22 YEARS
24. ISHU DUTT
S/O. KRISHAN GOPAL
AGED ABOUT 34 YEARS
25. JAAGRITI
S/O. KRISHNA
AGED ABOUT 28 YEARS
26. JATIN
S/O. UMESH
AGED ABOUT 19 YEARS
27. JIYA SAVERIYA
D/O. SANJEEV KUMAR SAVERIYA
AGED ABOUT 21 YEARS
28. JIYAMOL BIJU
D/O. BIJU SEBASTIAN
AGED ABOUT 22 YEARS
29. JYOTI
D/O. RAJESH KUMAR
AGED ABOUT 22 YEARS
30. KAIFA
D/O. HAKMUDDIN
AGED ABOUT 23 YEARS
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NC: 2025:KHC-D:5202 WP No. 101236 of 2025
31. KOMAL
D/O. PAMKRIT GUPTA
AGED ABOUT 21 YEARS
32. KUMARA SWAMY B
S/O. NAGAPPA B
AGED ABOUT 36 YEARS
33. KUNAL
S/O. RAKESH
AGED ABOUT 19 YEARS
34. LAKSHAY S/O. AJITH
AGED ABOUT 19 YEARS
35.
LALITA RANI
D/O. SUBHASH CHANDER
AGED ABOUT 36 YEARS
36. LAXMI KUMARI
D/O. PRADEEP KUMAR GUPTA
AGED ABOUT 26 YEARS
37. LOKENDRA SINGH
S/O. KEHAR SING
AGED ABOUT 30 YEARS
38. MONIKA KUMARI
D/O. SANJEET KUMAR
AGED ABOUT 25 YEARS
39. NAVEEN
S/O. DEVENDER
AGED ABOUT 18 YEARS
40. NEERAJ
S/O. KARMBIR SINGH
AGED ABOUT 29 YEARS
41. NIDA SAIFI
D/O. MAJHARUL HUSAIN
AGED ABOUT 24 YEARS
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NC: 2025:KHC-D:5202 WP No. 101236 of 2025
42. NIDHI BAGHEL
D/O. HARISH CHAND
AGED ABOUT 24 YEARS
43. NISHA PARVEEN
D/O. MAZHAROOL
AGED ABOUT 18 YEARS
44.PISTA
D/O. CHHALU RAM
AGED ABOUT 29 YEARS
45. PREETI KUMARI
D/O. RAMKRIPAL
AGED ABOUT 22 YEARS
46. PRINCE
D/O. RAMESH
AGED ABOUT 19 YEARS
47. RAHUL
S/O. SATBIR
AGED ABOUT 27 YEARS
48. RAHUL DAGAR
S/O. SATISH
AGED ABOUT 19 YEARS
49. RAKESH
S/O. PHUL SINGH
AGED ABOUT 24 YEARS
50. RAMJAN
S/O. RAMESH KUMAR
AGED ABOUT 26 YEARS
51. REEMA
D/O. SURJIT
AGED ABOUT 28 YEARS
52. SAHIL
S/O. SATBIR
AGED ABOUT 19 YEARS
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NC: 2025:KHC-D:5202 WP No. 101236 of 2025
53. SAINA
D/O. SABANA
AGED ABOUT 21 YEARS
54. SHAMSHAD ALI
S/O. FARIYAD
AGED ABOUT 20 YEARS
55. SIMPAL KUMARI
D/O. HARENDRA PANDEY
AGED ABOUT 23 YEARS
56. SUBHAM RATHEE
S/O. SHAKTHI SINGH
AGED ABOUT 21 YEARS
57. UNNIMAYA N
D/O. UNNIKRISHNAN N
AGED ABOUT 23 YEARS
58. VISHU S/O. RAJ SINGH AGED ABOUT 24 YEARS
PETITIONERS 2 TO 58 ARE STUDENTS OF 1ST PETITIONER’S SCHOOL. SHARABHESHWARA INSTITUTE OF NURSING BELLARY 5TH WARD, GUGGARAHATTI, BELLARY- 583102. …PETITIONERS
(BY SRI. SHIVARUDRA, ADVOCATE)
AND:
1. KARNATAKA STATE DIPLOMA IN SURSING EXAMINATION BOARD, REP: ITS SECRETARY, 1ST FLOOR, LIBRARY BLOCK, BMC AND RESEARCH INSTITUTE CAPUS, BANGALORE-560002. - 7 -
NC: 2025:KHC-D:5202 WP No. 101236 of 2025
2. KARNATAKA STATE NURSING AND PARAMEDICAL EDUCATION (REGULATION) AUTHORITY REP: ITS SECRETARY, IST FLOOR, LIBRARY BLOCK, BMC AND RESEARCH INSTITUTE CAMPUS, BANGALORE – 560 002. …RESPONDENTS
(BY SRI.
S. SUDARSHAN, ADVOCATE)
-------
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO:
I) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT BOARD TO CONSIDER AND PERMIT THE PETITIONER STUDENTS 2 TO 58 TO TAKE UP THE EXAMINATION OF 1ST YEAR GNM COURSE. II) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT BOARD TO ISSUE HALL TICKET BY ACCEPTING THE EXAMINATION FORMS AND PERMIT THE PETITIONER STUDENTS 2 TO 58 TO TAKE UP THE 1ST YEARS GNM EXAMINATION SCHEDULED TO COMMENCE FROM 18.02.2025 VIDE ANNEXURE-F.
III) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 14.02.2025 MADE BY THE 1ST PETITIONER IN THE INTEREST OF THE STUDENTS TO THE RESPONDENTS VIDE ANNEXURE-D TO THE PETITION. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2025:KHC-D:5202 WP No. 101236 of 2025
CORAM:
THE HON'BLE MRS JUSTICE M.G.UMA
ORAL ORDER
1. The petitioners have approached this Court seeking issuance of writ in the nature of Mandamus, directing the respondent-Board to permit the petitioner Nos. 2 to 58 to take up examination for the first year GNM course and to issue hall ticket by accepting the examination forms to attend the examination, which was schedule to commence from 18.02.2025, and also to direct the respondents to consider the representation dated 14.02.2025, filed by Petitioner No.1, produced as per Annexure-D.
2. On 18.03.2025, the following order is passed:
Learned counsel for the petitioners and the respondents are absent and no representation. The petitioners have sought for writ in the nature of mandamus directing the respondent-Board to consider and permit the petitioners to take up examination of first year GNM course and also to direct the respondent Board to
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NC: 2025:KHC-D:5202 WP No. 101236 of 2025
issue hall ticket for the examination scheduled to be commenced from 18.02.2025. As per interim order dated 18.02.2025, the respondents were directed to permit the petitioners to take up first year GNM nursing examination, and the respondent is also directed to issue necessary hall ticket. In view of the same, writ petition becomes infructuous. However, to afford an opportunity to the petitioners to make submission, list this matter on
21.03.2024. Thereby, the prayer made by the petitioners for the issuance of a writ of Mandamus to direct the respondent Board to issue the hall ticket by accepting examination forms and permitting petitioner Nos. 2 to 24 to take the first-year examination commencing on 18.02.2025 has already been fulfilled.
3. Annexure-D is the letter issued by the Principle of Indian Institute of Nursing, Bellary, dated 14.02.2025 to the Secretary of KSDNEB, Bengaluru informing that due to technical issue and server error, the Institution is unable to apply and pay first year GNM students examination
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NC: 2025:KHC-D:5202 WP No. 101236 of 2025
application and exam fees respectively. Therefore, it was requested to consider the future of the students and to permit them to apply to the examination and appear for GNM annual examination during February-2025. The interim order dated 18.02.2025 has taken care of this grievance of the petitioners as well as there is specific direction to permit the petitioners to take up their examination for the first year GNM nursing scheduled on 19.02.2025 onwards, by issuing necessary hall ticket and complying with all other formalities required. Under such circumstances, the order dated 18.3.2025 was passed, despite that, the counsel for the petitioners is not in a position to make his submission regarding maintainability of the petition and office objection is also not complied with. Hence, the petition is dismissed.
Sd/- (M.G.UMA) JUDGE
VB CT:ANB List No.: 1 Sl No.: 10