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2025 DAILYLAW 67533 (KAR)

BANGALORE CITY COLLEGE OF NURSING v. RAJIV GANDHI UNIVERSITY OF

WP/16499/2025 · 2025-10-10

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39983 WP No. 16499 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 16499 OF 2025 (EDN-RES) BETWEEN: BANGALORE CITY COLLEGE OF NURSING NO.160, CHELIKERE MAIN ROAD BANASWADI OUTER RING ROAD KALYAN NAGAR POST, CHELIKERE, BANGALORE - 560 043 REPRESENTED BY ITS PRINCIPAL SMT. JAGADAMBAL S AGED ABOUT 48 YEARS, …PETITIONER (BY SRI. D.R. RAVISHANKAR, SR. COUNSEL FOR SRI. SARAVANA S, ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA 4TH 'T' BLOCK, JAYANAGAR, BANGALORE - 560 041 BY ITS REGISTRAR 2. AJOE P. J S/O JOMON GEORGE AGED ABOUT 20 YEARS 3. ALEENA ALEXAANDER D/O ALEXANDER CHACKO Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39983 WP No. 16499 of 2025 AGED ABOUT 19 YEARS 4. ANGEL. A D/O ANIL KUMAR AGED ABOUT 21 YEARS 5. JITHU JOSEPH S/O BABY JOSEPH AGED ABOUT 23 YEARS 6. SANATH KRISHNA SAJI S/O SAJI T.K AGED ABOUT 19 YEARS 7. SILPA RENY D/O RENY YOHANNAN AGED ABOUT 20 YEARS 8. SONA MARIUM FRANCIS D/O FRANCIS AGED ABOUT 20 YEARS 9. ABHIRAMI S D/O SURESH G AGED ABOUT 19 YEARS 10. AASHWIN VINOD S/O VINOD C J AGED ABOUT 19 YEARS 11. ABHIRAM S S/O SANAL KUMAR B S AGED ABOUT 19 YEARS 12. ABIRAMI T S - 3 - HC-KAR NC: 2025:KHC:39983 WP No. 16499 of 2025 D/O SREE KUMAR T.S AGED ABOUT 19 YEARS 13. ADITHYAN R M S/O RAJU V AGED ABOUT 20 YEARS 14. AGNEESH N M D/O MURUKESH N G AGED ABOUT 20 YEARS 15. AMAL ROSHAN P S/O KAMARUDHEEN P AGED ABOUT 18 YEARS 16. ANEESHA CHRISTOPHER D/O CHRISTOPHER DAVID AGED ABOUT 20 YEARS 17. ANSON JOY S/O JOY A.S AGED ABOUT 19 YEARS 18. ANTONY PAUL S/O PAUL K.P AGED ABOUT 19 YEARS 19. ANUSREE.T D/O BABU N.T AGED ABOUT 22 YEARS 20. ASHWIN RAJU S/O RAJU P P AGED ABOUT 19 YEARS - 4 - HC-KAR NC: 2025:KHC:39983 WP No. 16499 of 2025 21. EDWIN SUNNY S/O SUNNY MA AGED ABOUT 19 YEARS 22. HANNA BENNY D/O BENNY PATHHROSE AGED ABOUT 20 YEARS 23. HONEY VERGHESE D/O VERGHESE ANTONY AGED ABOUT 18 YEARS 24. JISHAD V K S/O SHOWKATHALI AGED ABOUT 20 YEARS 25. KIRAN KS S/O SHIBIN K.S AGED ABOUT 20 YEARS 26. KRISHNAPRIYA K A S/O AJAYAN AGED ABOUT 20 YEARS 27. LAKSHMI N S D/O SANTHOSH AGED ABOUT 20 YEARS 28. NANDANA C A D/O ANU C.S AGED ABOUT 21 YEARS 29. SHARON K S S/O SAJU K.G AGED ABOUT 20 YEARS - 5 - HC-KAR NC: 2025:KHC:39983 WP No. 16499 of 2025 30. SOURAV BIJU S/O BIJU N.K AGED ABOUT 20 YEARS 31. SREELEKSHMI B D/O GIREESH KUMAR S AGED ABOUT 20 YEARS 32. YEDHUKRISHNAN T M S/O ANISH KUMAR T M AGED ABOUT 19 YEARS 33. ABHINANTH A R S/O REJI M.R AGED ABOUT 20 YEARS 34. ABHINAV S D S/O SHAJI.B AGED ABOUT 19 YEARS 35. D.J ADHARSH S/O DHARMARAJ AGED ABOUT19 YEARS 36. AJMALSHA M S/O MUHAMMED ALI AGED ABOUT 19 YEARS 37. ALAN MATHEW S/O AJIMON K J AGED ABOUT 20 YEARS 38. ALAN SUNNY S/O SUNNY JOSPH AGED ABOUT 20 YEARS - 6 - HC-KAR NC: 2025:KHC:39983 WP No. 16499 of 2025 39. ALBIN J S/O JACOB VARGHESE AGED ABOUT 20 YEARS 40. AMAL P SAJI S/O SAJI P M AGED ABOUT 20 YEARS 41. ARYA BS D/O SHAJI S AGED ABOUT19 YEARS 42. ATHUL PRASAD S/O PRASAD KT AGED ABOUT 19 YEARS 43. ATHUL SIJU S/O SIJU K.G AGED ABOUT 19 YEARS 44. ATHULYA C S D/O SAJIMON AGED ABOUT 19 YEARS 45. ALEENA PATHROSE D/O PATHROSE T.M AGED ABOUT 19 YEARS 46. BENATT BENNY S/O BENNY K.C AGED ABOUT 19 YEARS 47. CHRISTEENA S D/O SAJI OOMMENN AGED ABOUT 20 YEARS - 7 - HC-KAR NC: 2025:KHC:39983 WP No. 16499 of 2025 48. EDWIN LUIS S/O LUIS K.D AGED ABOUT 20 YEARS 49. GEORGE R ABRAHAM S/O RAJAN ABRAHAM AGED ABOUT 20 YEARS 50. JEEVAN PRAKASH J S S/O JAYAPRAKASH V AGED ABOUT 24 YEARS 51. MISHAL MUHAMMED CN S/O ABDUL MUNEER AGED ABOUT 19 YEARS 52. MUHAMMED FAAISAL S S/O SHAJAHAN H AGED ABOUT 19 YEARS. 53. RINOLD ROBINS GEORGGE S/O ROBINS GEORGE AGED ABOUT 21 YEARS 54. RIYA AKKA ROY D/O K M ROY AGED ABOUT 25 YEARS 55. ROTHAS RAJESH S/O RAJESH S AGED ABOUT 19 YEARS 56. AFIN BINU S/O BINU MT AGED ABOUT 19 YEARS - 8 - HC-KAR NC: 2025:KHC:39983 WP No. 16499 of 2025 57. SHEHEERA MOL A.S D/O ABDUL SATHAR J AGED ABOUT 20 YEARS 58. LEENA JOJI D/O JOJI AGED ABOUT 20 YEARS 59. SHIVANI A S/O ARUNAB AGED ABOUT 20 YEARS PETITIONERS ARE STUDENTS OF BANGALORE CITY COLLEGE OF NURSING NO. 160, CHELIKERE MAIN ROAD BANASWADI OUTER RING ROAD KALYAN NAGAR POST, CHELIKERE, BANGALORE - 560 043. …RESPONDENTS (BY SMT. FARAH FATHIMA, ADVOCATE FOR R1; VIDE ORDER DATED 13.06.2025, NOTCE TO R2 TO R59 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE FIRST RESPONDENT TO EXPEDITE THE PROCESS OF EXTENDING THE AFFILIATION TO THE PETITIONER INSTITUTION, COLLEGE, FOR THE ACADEMIC YEARS 2023-24, 2024-2025, WITH RESPECT TO THE BSC NURSING, PB BSC NURSING, MSC NURSING COURSES WITHIN THE TIME STIPULATED BY THIS HONBLE COURT. AND CONSEQUENTLY, ISSUE A WRIT OF MANDAMUS DIRECTING THE FIRST RESPONDENT TO APPROVE THE ADMISSIONS OF THE RESPONDENT NUMBER 2 TO 58 - 9 - HC-KAR NC: 2025:KHC:39983 WP No. 16499 of 2025 ADMITTED FOR THE ACADEMIC YEAR 2024-25 FOR BSC NURSING COURSES. UPON THE CONTINUATION OF THE AFFILIATION TO THE PETITIONER COLLEGE AND ETC., 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, the petitioner seeks the following reliefs: "a) Issue a writ of mandamus directing the first respondent to expedite the process of extending the affiliation to the petitioner institution, college, for the academic years 2023-24, 2024-2025, with respect to the BSc Nursing, PB BSc Nursing, MSc Nursing courses within the time stipulated by this Hon'ble court. & consequently, issue a writ of mandamus directing the first respondent to approve the admissions of the respondent number 2 to 58 admitted for the academic year 2024-25 for BSC nursing courses. Upon the continuation of the affiliation to the petitioner college; and b) Pass such other orders as this Hon'ble court deems fit and proper under the circumstances of the case." 2. Heard learned Senior counsel for the petitioner and learned counsel for respondent No.1 - Rajiv Gandhi Univeristy of Health Sciences and perused the material on record. - 10 - HC-KAR NC: 2025:KHC:39983 WP No. 16499 of 2025 3. When the matter came up before this court on 13.06.2025, the following interim order was passed. "Mr. Saravana S., the learned counsel for the petitioner, submits that he does not propose to rely upon the Endorsement dated 07.02.2024 [Annexure - B]. In the light of the afore, the office objection in this regard stands overruled. The petitioner, a College of Nursing which has admitted the respondent Nos.2 to 59 for the graduation in nursing for the academic year 2024-25, has sought for directions to the respondent No.1 [RGUHS] to expedite the process of affiliation for the academic years 2023-24 and 2024-25. Mr.Saravana S. submits that the petitioner has received affiliation from Indian Nursing Council/Karnataka State Nursing Council and that the State Government has also granted affiliation and the Registrar of the respondent No.1 has informed the petitioner that it cannot take any admissions for the academic year 2024-25 because the specialized hospital for clinical facilities, as indicated by the petitioner, is already attached to another Nursing College [Faran college for clinical facility] and that the petitioner has not submitted PG Guideship letters issued by the University for all five specialties. Mr. Saravana S. submits that the petitioner has produced a copy of the Memorandum of Understanding signed by the North Bangalore Hospital way back in the month of June 2024 as also the Communication addressed by the University recognizing PG teachers for the five students [Annexure-E] but these documents have not been considered in all these months. On urgency, Mr. Saravana S submits that the exams are scheduled on 16.06.2025 and there would be no reason to refuse continuation of the affiliation in the light of the documents furnished and because the respondent No.1 has also inspected the college for affiliation for the academic year 2025-26. These submissions are considered in the light of the different annexures produced including Annexures B and E and the enclosures thereto. This Court is of the - 11 - HC-KAR NC: 2025:KHC:39983 WP No. 16499 of 2025 considered view that the students' cause [the respondent Nos.2 to 59] which is espoused, there must be an interim order directing the respondent No.1 to permit these respondents to take up exams in the ensuing examination while also directing the respondent No.1, which undoubtedly will have the advantage of the annexures as aforesaid, to place on record by next date of hearing its consideration thereof and the decision on the affiliation for the academic years 2023-24 and 2024- 25. The Notice to the respondent Nos.2 to 59 stands dispensed with as requested by Mr.Saravana S. Ms. Farah Fathima, a learned standing counsel for respondent No1, is called upon to accept notice, and the Registry is directed to furnish a certified copy of this order to Ms. Farah Fathima to ensure that there is due compliance. The office is directed to re-list this petition on 11.07.2025." 4. It is a matter of record as submitted by both sides that respondents No.2 to 59 have appeared in the examinations, but the results have not been declared. It is also the joint submission of both sides that respondent No.1/University has continued affiliation in favour of the petitioner/Institution for the academic year 2025-26 and the present petition may be disposed of directing respondent No.1 to consider the request of the petitioner to continue the affiliation for the academic year 2023-2024 and 2024-2025 - 12 - HC-KAR NC: 2025:KHC:39983 WP No. 16499 of 2025 with respect to the BSc Nursing, PB BSc Nursing, MSc Nursing courses, within a stipulated time frame, in accordance with law. 5. The petitioner has also filed two applications; I.A.No.1/25 seeking the following reliefs: "Wherefore the petitioner most humbly prays that this Hon'ble Court be pleased to permit the petitioner to amend the petition by introducing the additional fact as per Para-8A and amendment to prayer-A as sought in the present application in the ends of justice." I.A.No.2/25 seeking the following reliefs: "Wherefore under the circumstances, the petitioner most humbly prays that this Hon'ble Court be pleased to Issue a direction to respondent No.1 - University to forthwith declare the results of the first semester B.Sc. Nursing examination of the students admitted by the petitioner for the academic year 2024- 25, so also directing the respondent No.1 University to comply with the order dated 13.06.2025 by placing on record its consideration of Annexures-B and E and passing appropriate orders regarding the continuation of affiliation for the academic years 2023-24 and 2024-25, in the interest of justice and equity." 6. In view of the aforesaid facts and circumstances and joint submissions made by both sides and the undisputed fact that respondent No.2 to 59 have appeared in the examinations pursuant to the aforesaid interim order passed by this Court coupled to the fact that respondent No.1/University has continued the affiliation in favour of the - 13 - HC-KAR NC: 2025:KHC:39983 WP No. 16499 of 2025 petitioner/Institution for the academic year 2025-26, I deem it just and appropriate to dispose of this petition directing respondent No.1 to consider the request of the petitioner for continuation of affiliation for academic year 2023-2024 and 2024-2025, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 7. In addition thereto, respondent No.1/University shall declare the results of the exams undertaken by respondents No.2 to 59 pursuant to the aforesaid interim order passed by this Court, within a period of two weeks from the date of receipt of copy of this order. 8. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE JY List No.: 1 Sl No.: 42 CT: BHK