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2025 DAILYLAW 4108 (KAR)

SHARABHESHWARA INSTITUTE OF NURSING BELLARY v. KARNATAKA STATE DIPLOMA IN SURSING

WP/101236/2025 · 2025-03-21

M G Uma

body2025

Judgment text

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- 1 - 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 - 2 - 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 - 3 - 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 - 4 - 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 - 5 - 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 - 6 - 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: - 8 - 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 - 9 - 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 - 10 - 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