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2025 DAILYLAW 46833 (KAR)

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

WP/101235/2025 · 2025-03-21

M G Uma

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5201 WP No. 101235 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. 101235 OF 2025 (EDN-RES) BETWEEN: 1. INDIAN INSTITUTE OF NURSING BELLARY TILAK NAGAR, BYPASS ROAD, CANTONMENT, BELLARY – 583 104. REP. BY IT PRINCIPAL PANDIARAJAN.K. 2. ANSARI SUFIYAN S/O. MOHAMED SALIM AGED ABOUT 31 YEARS 3. BHUNDURGA LAXMI D/O. SUBHUSH AGED ABOUT 26 YEARS 4. FANSE SNEHAL D/O. BHARAT AGED ABOUT 27 YEARS 5. GAYKWAD SONGHRAIN S/O. GULAB AGED ABOUT 27 YEARS 6. JADHAV OM S/O. BHAU SAHEB AGED ABOUT 20 YEARS 7. JAGTAP VISHAL S/O. BOPU AGED ABOUT 28 YEARS 8. JAGTAP SUYASH S/O. BHIMRAO AGED ABOUT 34 YEARS Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5201 WP No. 101235 of 2025 9. KADAM ROHIN D/O. DARSHRATH AGED ABOUT 31 YEARS 10.KALEKAR PRASAD S/O. HARICHANDRA AGED ABOUT28 YEARS 11.KULKARNI PRAJAKLA S/O. VIJAY AGED ABOUT 32 YEARS 12.MALAK ASHAFAQ S/O. ALIM AGED ABOUT 22 YEARS 13.MARNAR ANITA D/O. ANNA AGED ABOUT 25 YEARS 14.MIRZA JAVEED BAIG D/O. JAFER BAIG AGED ABOUT 24 YEARS 15.PANIKAR SEEMA D/O. KHUSHMAN AGED ABOUT 31 YEARS 16.PAWAR BHUSHAN S/O. SHANTHARAM AGED ABOUT 27 YEARS 17.PAWAR MANDEEP KAUR S/O. JAWEINDER SINGH AGED ABOUT 34 YEARS 18.RAO ASHWINI S/O. KISAN AGED ABOUT 27 YEARS 19.SHIK KAIF MUSTAQIM S/O. MUSTAQIM AGED ABOUT 21 YEARS 20.SHAIKH NAWEE S/O. SHAIKH NASIN - 3 - NC: 2025:KHC-D:5201 WP No. 101235 of 2025 AGED ABOUT 21 YEARS 21.SHAIKH ZAHEDA S/O. HAMEED AGED ABOUT 25 YEARS 22.SHETE PALLAVI D/O. BHIMRAO AGED ABOUT 23 YEARS 23.SONIAY RASHED KHAN D/O. RASHED KHAN AGED ABOUT 24 YEARS 24.NAFISA KHATUN D/O. KATAB AGED ABOUT 24 YEARS PETITIONERS 2 TO 58 ARE STUDENTS OF 1ST PETITIONER’S SCHOOL. INDIAN INSTITUTE OF NURSING BELLARY TILAK NAGAR, BYPASS ROAD, CANTONMENT, BELLARY – 583 104. …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 CAMPUS, BANGALORE-560002 2. KARNATAKA STATE NURSING AND PARAMEDICAL EDUCATION (REGULATION) AUTHORITY, REP: ITS SECRETARY, - 4 - NC: 2025:KHC-D:5201 WP No. 101235 of 2025 IST FLOOR, LIBRARY BLOCK, BMC AND RESEARCH INSTITUTE CAMPUS, BGANGALORE- 560 002. …RESPONDENTS (BY SRI. SUDARSHAN, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO: I) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT BOARD TO CONSIDER AND PERMIT THE PETITIONER STUDENTS 2 TO 24 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 24 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. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: - 5 - NC: 2025:KHC-D:5201 WP No. 101235 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 24 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 petitioner and the respondent are absent and no representation. The petitioner has sought for writ in the nature of mandamus directing the respondent Board to consider and permit the petitioner to take up examination of first year GNM course and also to direct the respondent Board to 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 petitioner to take up first year GNM nursing examination, and the respondent is also directed to issue necessary hall ticket. In view of the same, - 6 - NC: 2025:KHC-D:5201 WP No. 101235 of 2025 writ petition becomes infructuous. However, to afford an opportunity to the petitioner 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 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 - 7 - NC: 2025:KHC-D:5201 WP No. 101235 of 2025 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 List No.: 1 Sl No.: 9