- 1 - HC-KAR NC: 2025:KHC:47741 WP No. 17851 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 17851 OF 2025 (EDN-EX) BETWEEN: 1. NOOR COLLEGE OF NURSING NO.5, NOOR BUILDING, BHOOPASANDRA MAIN ROAD, R.M.V. II STAGE, BENGALURU-560 094, REPRESENTED BY ITS PRINCIPAL/DEAN, MR. BHAGWAN SAHAY MANAGAL, S/O. MANGAL, AGED ABOUT 50 YEARS. 2. MR. WRITTIK SHIT S/O. KHOKAN SHIT, AGED ABOUT 25 YEARS, 3. MS. SHAMBHAVI D/O. DURUGAPPA, AGED ABOUT 25 YEARS, 4. MS. DEEPA. K. R. S/O. GOPINATHAN NAIR. S. R., AGED ABOUT 42 YEARS, 5. MS. SRILAKSHMI KUDIPUDI D/O. SURYANARAYANA, AGED ABOUT 35 YEARS, 6. MS. GRACIE LOBO D/O. MARCEL LOBO.K, AGED ABOUT 52 YEARS, 7. MS. NEETU UPADHAYAY D/O. SANT RAM UPADHYAY, AGED ABOUT 32 YEARS, 8. MS. MANJUSHRI. K. A. D/O. ANANDA GOWDA, Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47741 WP No. 17851 of 2025 AGED ABOUT 36 YEARS, 9. MR. LIBIN. T S/O. T. THASIYAN, AGED ABOUT 25 YEARS, 10. MR. JWEL DAS S/O. TAPAN DAS, AGED ABOUT 30 YEARS, 11. MS. BINITHA SHAJI D/O. SHAJI MATHEW, AGED ABOUT 30 YEARS, PETITIONER NO. 2 TO 11 ARE STUDYING M.SC NURSING (2023-24 BATCH) AT : NOOR COLLEGE OF NURSING, NO.5, NOOR BUILDING, BHOOPASANDRA MAIN ROAD, R.M.V. II STAGE, BENGALURU - 560 094. …PETITIONERS (BY SMT. BHAVANA N. PATIL, FOR SRI. ABHISHEK MALIPATIL, ADVOCATES) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU - 560 041. REP. BY ITS REGISTRAR. 2. THE REGISTRAR (EXAMINATIONS) RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU-560 041. 3. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560 012, REP. BY ITS EXECUTIVE DIRECTOR. …RESPONDENTS (BY SRI. B.S.SACHIN, ADVOCATE FOR R-1 & R-2; SRI.N.K. RAMESH, ADVOCATE FOR R-3) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT - 3 - HC-KAR NC: 2025:KHC:47741 WP No. 17851 of 2025 UNIVERSITY TO GRANT APPROVAL TO THE ADMISSION OF THE PETITIONER STUDENTS NO. 2 TO 11 ADMITTED TO THE 1ST YEAR M.SC. NURSING COURSES BY THE PETITIONER INSTITUTION FOR THE ACADEMIC YEAR 2023-24 ADMITTED WITHIN THE SANCTIONED INTAKE OF 25 SEATS AND TO PERMIT THE SAID STUDENT TO PROSECUTE THE COURSE WITHOUT INTERRUPTION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: “(i) Issue a writ in the nature of mandamus or any other writ or order or direction directing the Respondent university to grant approval to the admission of the petitioner students No.2 to 11 admitted to the 1st year M.Sc. Nursing Courses by the petitioner institution for the academic year 2023-24; admitted within the sanctioned intake of 25 seats and to permit the said student to prosecute the course without interruption; and (ii) Issue any other appropriate writ or order or direction, as this Hon’ble Court deems fit to grant, in the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record. - 4 - HC-KAR NC: 2025:KHC:47741 WP No. 17851 of 2025 3. Though several contentions have been urged by both sides in support of their respective claims, the issue in controversy between the parties is directly and squarely covered by the judgment of this Court in the case of Vaasundhara College of Pharmacy and others Vs. Rajiv Gandhi University of Health Sciences and others– W.P.No.14345/2024 dated 07.11.2024, which reads as under: 4. In W.P.No.14345/2024, this Court passed the following interim order on 14.06.2024: “Learned counsel for the petitioners has sought for direction to permit the petitioners - students to be admitted to B-Pharm lateral entry course for the academic year 2023-24 to appear in the ensuing III Semester B-Pharm examinations to be held in May-June, 2024 conducted by the respondent No.2 - University. Learned counsel for the petitioners submits that as the examination scheduled is yet not announced, for the present the interim prayer sought for is to permit the petitioners to continue with their course and their admission be recognized. Learned counsel appearing for respondent No.1 - University draws attention to the revised notification at Annexure-'C' and submits that the last date for admission - 5 - HC-KAR NC: 2025:KHC:47741 WP No. 17851 of 2025 was 29.02.2024 by which time they had to upload the admission statements by the institutions on the respondent No.1 - University website. However, as contended by learned counsel for the petitioner, Sl.No.1 at Annexure-'C' refers to the tentative last date of the admission subject to last date of seat allotment by Karnataka Education Authority (KEA). Accordingly, it is submitted by the learned counsel for the petitioner that the tentative last date is after the last date of seat allotment by KEA and accordingly, the date 29.02.2024 will have to be deemed to be the date after the last date of seat allotment by KEA. Learned counsel Sri. N.K. Ramesh appearing for the respondent - KEA upon instructions submits that last date of seat allotment by KEA was 08.05.2024. If that were to be so, the word tentative last date will have to be appropriately interpreted so as to refer to the date after 08.05.2024. Learned counsel for the petitioner has relied on the communication at Annexure-'D' dated 04.05.2024 regarding the list of students admitted. It is further submitted that the online closing of admission statements was not permissible after 29.02.2024 and accordingly, Annexure-'D' came to be issued in physical form. It is further pointed out by the learned counsel for the respondent that the classes for academic year are deemed to commence from 18.12.2023, however admittedly the KEA admission itself extended till 08.05.2024 and accordingly - 6 - HC-KAR NC: 2025:KHC:47741 WP No. 17851 of 2025 many of the students were admitted even after 18.12.2023 and regards such of the students decision is awaited at the end of the University as to how the gap between 18.12.2023 and 08.05.2024 is to be treated as admission extended till 08.05.2024. Needless to state, the petitioners being similarly situated their case may also have the benefit of consideration after the first respondent - University takes the decision insofar as such of the students admitted through KEA. Accordingly, for the present taking note of the observation made, petitioners are permitted to continue their 2nd year lateral entry to B-Pharm course for the academic year 2023-24. Needless to state, this order is subject to final orders to be passed.” 5. Subsequently, on 16.10.2024 this Court passed the following order: “The petitioners have sought for a direction to permit them to the B.Pharm Course (Lateral Entry) for the academic year 2023-24, and to appear in the ensuing B.Pharm Examinations October/November, 2024. This Court vide order dated 14.6.2024 permitted the petitioners to continue their second year lateral entry to B.Pharm course for the academic year 2023-24 subject to outcome of this writ petition. - 7 - HC-KAR NC: 2025:KHC:47741 WP No. 17851 of 2025 Following the order passed by this Court, the petitioners have continued their second year lateral entry to B-Pharm course and the University has issued a notification to conduct examinations for `B' Pharma course and the examinations to the first semester is scheduled on 22.10.2024, and the second semester on 23.10.2024. The petitioners having been permitted to continue their studies are entitled to appear in the first and second semesters examination to be conducted by the respondent - University subject to petitioners satisfying the eligibility criteria. The petitioners are permitted to submit applications to the respondent - University to permit them to appear for the first and second semesters, and if such applications are submitted, the respondent - University to consider the same and permit them to appear for the examinations, if they are satisfied the eligibility criteria. The petitioners shall not claim equity in the event they do not succeed in this writ petition. Hand delivery ordered.” 6. Thereafter, on 07.11.2025, the said petition was disposed of by this Court, which reads as under: “ 1. The Petitioners are before this Court seeking for the following reliefs: a. Issue a writ in the nature of mandamus or any other writ or order or direction directing the Respondent University to grant approval to the - 8 - HC-KAR NC: 2025:KHC:47741 WP No. 17851 of 2025 admission of the petitioner students No.2 to 4 admitted to the 3rd semester B.Pharm lateral entry Course by the petitioner institution for the academic year 2023- 24; admitted within the sanctioned intake of 60+6 seats and to permit the said student to prosecute the course without interruption; and b. Issue any other appropriate writ or order or direction, as this Hon’ble Court deems fit to grant, in the facts and circumstances of the case, in the interest of justice and equity. 2. The learned counsel for the petitioners has filed a memo enclosing the communication and details in insofar as petitioner No.4 is concerned. 3. The learned counsel for respondents No.1 and 2 has filed a memo dated 07.11.2024 stating that only details as regards petitioner No.4 had been furnished and taking into account the academic future of petitioner No.4, his admission has been approved by respondent No.1. Since no documents had been furnished in respect of petitioners No.2 and 3 and it had been informed by petitioner No.1 that they have discontinued their education with petitioner No.1, their applications have not been processed. Submission is taken on record. The above memo filed by respondents No.1 and 2 answers the grievance in the above matter. 4. Accordingly, the Writ Petition stands disposed. - 9 - HC-KAR NC: 2025:KHC:47741 WP No. 17851 of 2025 5. Needless to say that the petitioner No.4 would be entitled to take up the examinations for the third and fourth semesters, including the supplementary examinations as and when conducted by the respondent – University, which examinations are stated to be scheduled from 08.11.2024, the respondents No.1 and 2 are directed to make necessary arrangement for petitioner No.4 to take up the examination. 6. I.A.No.2/2024 stands disposed.” 7. In view of the aforesaid orders / judgment passed by the Co-ordinate Bench of this Court, which are applicable to the facts and circumstances of the case, I am of the view that the present petition also deserves to be allowed. 8. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The respondents are directed to grant approval to the admission of the petitioners No.2 to 11 – students No.2 to 11 to the 1st year M.Sc Nursing courses by the 1st petitioner – institution for the academic year 2023-24 within a period of six weeks from the date of receipt of a copy of this order. - 10 - HC-KAR NC: 2025:KHC:47741 WP No. 17851 of 2025 (iii) Respondents are directed to announce the results of the examination taken by the petitioners No.2 to 11 – student Nos.2 to 11 of the 1st petitioner – institution within a period of four weeks from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 1 Sl No.: 96