INDIAN INSTITUTE OF NURSING BELLARY v. KARNATAKA STATE DIPLOMA IN SURSING
WP/101235/2025 · 2025-03-21
M G Uma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46833 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46833 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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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
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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
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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,
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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:
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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,
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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
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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