- 1 - HC-KAR NC: 2025:KHC:39806 WP No. 21061 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 21061 OF 2025 (EDN-RES) BETWEEN: ST. JOSEPH INSTITUTE OF NURSING, NO.39, BENAKA TOWER, OPP. D MART, ELECTRONIC CITY PHASE-2, MUMBAI HIGHWAY, BANGALORE - 560 100. REPRESENTED BY IT'S PRINCIPAL MR.SILGEN GEORGE …PETITIONER (BY SRI. SHIVARUDRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION, M.S.BUILDING, VIDHANA VEEDHI, BANGALORE - 560 001. REP. BY ITS SECRETARY. 2. DIRECTORATE OF MEDICAL EDUCATION BMC AND RESEARCH INSTITUTE CAMPUS, BANGALORE - 560 002 REP. BY ITS DME. 3. KARNATAKA STATE DIPLOMA NURSING AND PARAMEDICAL EDUCATION (REGULATION) AUTHORITY (DIPLOMA IN NURSING EXAMINATION BOARD) 1ST FLOOR, LIBRARY BLOCK, BMC AND RESEARCH INSTITUTE CAMPUS, BANGALORE - 560 002 REP. BY ITS SPECIAL OFFICER …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 & R2; SRI. SUDHARSHAN, ADVOCATE FOR R3) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39806 WP No. 21061 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI SETTING ASIDE THE ORDER PASSED BY THE STATE GOVERNMENT BEARING NO.MED157MMC2024 PART-I, DATED 29.05.2025 VIDE ANNEXURE-C, AND FURTHER DIRECT THE RESPONDENTS TO RE-INSPECT THE PETITIONER SCHOOL SO AS TO ENSURE COMPLIANCE OF ANY DEFICIENCY WHICH IS POINTED OUT 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, petitioner seeks the following reliefs: (i) Issue a writ in the nature of certiorari setting aside the order passed by the State Government bearing No.MED157MMC2024 Part-I, dated 29.05.2025 vide Annexure-C, and further direct the respondents to re-inspect the petitioner school so as to ensure compliance of any deficiency which is pointed out; (ii) Issue a writ of mandamus directing the respondents to consider representation made by the petitioner school vide Annexure-D dated 05.06.2025 Ref No.09/SMION/25-26. (iii) Issue any writ or order as deemed fit in the facts and circumstances of the case in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:39806 WP No. 21061 of 2025 2. Heard learned counsel for the petitioner and learned HCGP for respondent Nos.1 and 2 and learned counsel for respondent No.3 and perused the material on record. 3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner has invited my attention to the impugned order at Annexure - C dated 29.05.2025 in order to point out that the sole reason assigned by the respondents for rejection of permission to continue the petitioner - institution is on the ground that the inspection committee had not recommended continuation of the petitioner - institution. 4. In this context, it is submitted that the petitioner has rectified all the deficiencies pointed out during the earlier inspection and in the light of the judgment of this Court in the case of HPR Manipal School of Nursing and Ors. Vs. State of Karnataka and Ors. - W.P.No.24401/2021 and connected matters dated 08.11.2024, the impugned order may be set aside and the respondents may be directed to consider the representation of the petitioner at Annexure - D dated 05.06.2025 and conduct fresh/new inspection and proceed further thereafter in accordance with law. - 4 - HC-KAR NC: 2025:KHC:39806 WP No. 21061 of 2025 5. Per contra, learned HCGP for the respondents submits that there is no merit in the petition and the same is liable to be dismissed. 6. A perusal of the impugned order will indicate that the sole reason assigned by the respondent - State to reject the claim of the petitioner for continuation of the Institute of Nursing is by coming to the conclusion that the inspection committee had not issued any recommendation in favour of the petitioner. In the case of HPR Manipal School of Nursing, this Court held as under: (i) All petitions are hereby disposed of. (ii) The submission made on behalf of the petitioner as well as by the respondents that, the permanent Government Orders (G.O.) have been issued in favour of 71 educational Institutions forming part and parcel of Category-A and B, is placed on record. (iii) The respondents are directed to consider the request of the following educational Institutions for issuance of permanent G.O. which are falling under B Category and take appropriate decision/pass appropriate orders on or before 25.11.2025: 1. Sri. Narayana School of Nursing, No.8 & 9 Hill said meadows, Chikkabettahalli, Vidyaranyapura post, M.S.Palya, Bengalore-560097 - 5 - HC-KAR NC: 2025:KHC:39806 WP No. 21061 of 2025 2. Shri. Shiksha School of Nursing, No.10/1, Blue Public School, V Post Opp. Pushpa Byegowada Kalyanna Mantapa, Byadarahalli, Magadi Maid Road, Bengalore-560091 3. S.D.F. School of Nursing, Opp. Beldale Petrol Pump Gumpa, Main Road, Bidar 4. Sri. Sangameshwar School of Nursing, Main Road, Kamalanagar, Bidar-585417. (iv) The order dated 12.07.2024/23.07.2024 rejecting the request/application of 05 educational institutions in category-C and 18 educational institutions in category-D are hereby set aside. (v) The respondents are directed to conduct the inspection of aforesaid 05 educational institutions in category-C and 18 educational institutions in category-D within a period of two weeks from today and pass appropriate orders/decision regarding issuance of permanent G.O. in favour of the aforesaid 23 (18+5) educational institutions on or before 25.11.2024. (vi) Since the last date for admission is 30.11.2024, the respondents are directed to ensure strict compliance of the directions issued in the present order as stated supra." 7. Further, in the light of the specific assertion on the part of the petitioner that all the deficiencies have been rectified by the - 6 - HC-KAR NC: 2025:KHC:39806 WP No. 21061 of 2025 petitioner as on today, I deem it just and appropriate to set aside the impugned order only insofar as it relates to the petitioner - Institute at Sl.No.4 and remit the matter back to respondent Nos.1 and 2 for reconsideration of the claim of the petitioner by considering the representation of the petitioner at Annexure-D and by conducting a fresh inspection and to proceed further in accordance with law. 8. Accordingly, I proceed to pass the following: ORDER i) The petition is hereby disposed of. ii) The impugned order dated 29.05.2025 at Annexure - C passed by the State Government insofar as it relates to Serial No.4 - St. Joseph Institute of Nursing - petitioner, is hereby set aside. iii) The matter is remitted back to respondent Nos.1 and 2 for reconsideration of the claim of the petitioner and by considering the representation at Annexure - D dated 05.06.2025. - 7 - HC-KAR NC: 2025:KHC:39806 WP No. 21061 of 2025 iv) The respondent Nos.1 and 2 shall conduct fresh/new inspection of the premises of the petitioner - Institute on 16.10.2025. Upon conducting fresh/new inspection, the respondent Nos.1 and 2 shall consider the representation of the petitioner and take appropriate decision/pass appropriate orders within a period of 10 days from 16.10.2025. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 0