- 1 - HC-KAR NC: 2025:KHC:49098 WP No. 15138 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 15138 OF 2025 (EDN-RES) BETWEEN: PRIYADARSHINI N M D/O.MARIYAPPA, AGED ABOUT 39 YEARS, R/AT.NO. 70A, 3RD MAIN, 5TH CROSS, BASAVESHWARA LAYOUT, NAGASHETTY HALLI, BENGALURU – 560 094 …PETITIONER (BY SRI. B. L. NANDA KUMAR, ADVOCATE) AND: 1. RAJEEV GANDHI UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR JAYANAGAR 4TH BLOCK, BENGALURU – 560 054 2. INDIAN NURSING COUNCIL, 8TH FLOOR, NBCC CENTRE, PLOT NO.2, COMMUNITY CENTRE, OKHLA PHASE-1, NEW DELHI – 110 020 REP. BY IT SECRETARY 3. THE STATE OF KARNTAKA, REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001. 4. THE SECRETARY, MEDICAL EDUCATION, M.S. BUILDING, VIDHANA VEEDHI, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49098 WP No. 15138 of 2025 BENGALURU – 560 001 5. KARNATAKA STATE NURSING COUNCIL, NO.71, NIGHTINGALE TOWERS, ‘A’ STREET, 6TH CROSS, A.R. EXTENSION, GANDHINAGAR, BENGALURU – 560 009 …RESPONDENTS (BY SMT. KEERTHI REDDY AND SRI. ABHISHEK K., ADVOCATES FOR R-1; SRI. SHIVARUDRA, ADVOCATE FOR R2; SRI. MANJUNATH K., HCGP FOR R3 & R4; SMT. JYOTI M. MARADI, ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CONSIDER THE APPLICATION OF THE PETITIONER AND PERMIT THE PETITIONER TO PAY THE EXAMINATION FEE FOR THE FINAL YEAR TWO SUBJECT I.E COMMUNITY HEALTH NURSING II AND MANAGEMENT OF NURSING SERVICES AND EDUCATION OF BSC NURSING DEGREE AND FURTHER PERMITTING THE PETITIONER TO TAKE UP THE WRITTEN EXAMINATION OF THE SAID SUBJECT. 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 for the following reliefs:- “(a) Directing the respondents to consider the application of the petitioner and permit the petitioner to pay the examination fee for the final year two subjects i.e., Community Health Nursing-II and Management of nursing services and education of BSC Nursing degree and further permitting the petitioner to take up the written examination of the said subjects, (b) Pass such other order/relief as deemed fit, in the circumstances of the case in the interest of justice.” - 3 - HC-KAR NC: 2025:KHC:49098 WP No. 15138 of 2025 2. Heard learned counsel for the petitioner, learned counsel for respondent Nos.1 and 2, respectively, learned HCGP for respondent Nos.3 and 4 and learned counsel for respondent No.5 and perused the material on record. 3. On 23.06.2025, this Court passed the following interim order: “Learned counsel appearing for the petitioner requests this Court to permit the petitioner to implead Indian Nursing Council, represented by its Secretary as respondent No.2, the Secretary, Medical Education, Bengaluru as respondent No.3, and the Karnataka Nursing Council as respondent No.4 in this writ petition. The request made by the petitioner is accepted. Petitioner is permitted to amend the cause-title and file the amended cause-title forthwith. In the meanwhile, respondent No.1 is directed to permit the petitioner to pay the examination fee for the final year two subjects i.e., Community Health Nursing-II and Management of Nursing Services and Education, in respect of the ensuing examination to be commenced from 25.06.2025 and permit the petitioner to take up written examination of the said subjects. - 4 - HC-KAR NC: 2025:KHC:49098 WP No. 15138 of 2025 The respondent is directed not to announce the final result without leave of the Court. This interim order is subject to the result of this writ petition. Respondent No.1 is represented by Smt. Farah Fathima. Sri. Shivarudra, learned counsel is directed to take notice for respondent No.2. Learned Additional Government Advocate is directed to accept notice for respondent No.3. Learned counsel appearing for the petitioner is permitted to take notice on the panel counsel for respondent No.4. 4. Subsequently, during the pendency of the present petition, respondent No.5 – The Karnataka State Nursing Council has issued a circular dated 24.11.2025, which reads as under: “KARNATAKA STATE NURSING COUNCIL BENGALURU, KARNATAKA, INDIA. (Constituted under the Karnataka Nurses, Midwives & Health Visitors Act, 1961) #71, Nightingale Towers, A-Street, 6th Cross, A.R. Extn. Gandhinagar, Bengaluru-560 009. E-Mail: Karnatakastaatenursingcouncil@gmail.com, Website: www.ksnc.karnataka.gov.in Ph: 080-2283230, Fax: 08041516486. ------------------------------------------------------------------------------------------------------------------------- No.KSNC:784:2025-26 Dated: 24.11.2025 CIRCULAR Sub: Conduct of Mercy chance examination for Basic B.Sc/G.N.M Nursing students Through KSNC as per the guidelines of INC-Reg. Ref: 1. INC-F No.2-10/2025 INC, Dated: 19.11.2025 2. INC-F No.1-6/LT/2022-INC, Dated: 19.01.2023 - 5 - HC-KAR NC: 2025:KHC:49098 WP No. 15138 of 2025 3. RGUHS Ref No: Reg (E) Pre Exam/Nursing/ 2024-25, Dated: 10-06-2024. *** With reference to the above subject, we would like to draw your kind attention that, the Indian Nursing Council has given directions to conduct the Basic examination for Basic B.Sc./G.N.M Nursing students those who have not successfully completed their final year Basic B.Sc./G.N.M Nursing Examination even after double the course duration. In view of the above as per the guidelines of Indian Nursing Council, the KSNC has taken decision to conduct examination lieu of mercy chance for Basic B.Sc/G.N.M Nursing students. Eligibility criteria for candidates to appear for Basic examination in lieu of Mercy chance examination are as follows 1. A students who has successfully passed 3rd Year Basic B.Sc./2nd Year G.N.M Nursing examination and not able to clear their final year subjects. 2. Student who has completed theoretical, clinical, other academic requirements same laid by university and INC need to be endorsed by the principals of the respective nursing college. Note: Mercy chance is not applicable to candidates who have discontinued or re-joined the course. Principals are directed to submit the details of students who fulfill the criteria laid down by Indian Nursing Council on before 18-11- 2025. Calendar of Events: Last Date of Payment of each Student DD Fee Rs.3000/- in favor of The Registrar, KSNC, Bengaluru. 03.12.2025 Last Date for submission of details of students 04.12.2025 Conduct of Examination 07.12.2025 Announcement of Results 08-12-2025 Issue of eligibility Certificate 09-12-2025 The examination guidelines of INC bearing its letter No:F.No. 1- 6/LT/2022-INC, dated: 19.01.2023, is herewith attached for your information. This circular shall prominently display in college Notice Board and also in the respective institutional website. The principal shall inform to their student those who are eligible for mercy chance examination without fail. SD/- PRESIDENT KSNC, Bengaluru. To, - 6 - HC-KAR NC: 2025:KHC:49098 WP No. 15138 of 2025 The Principals of the College of Nursing, Affiliated to Karnataka State Nursing Council & Rajiv Gandhi University of Health Sciences.” 5. In pursuance of the said Circular issued by respondent No.5 – the Karnataka State Nursing Council, respondent No.1- RGUHS had also issued the following Communication dated 24.11.2025, which reads as under: “Rajiv Gandhi University of Health Sciences, Karnataka, Bangalore Dr. Riyaz Basha S Ph: 080-26961944, 26961946, Fax: 26961931 Registrar (Evaluation) Email: registrareva@yahoo.co.in Reg(E)/Exam/Nursing/Marcy Chance/01/2025 Date: 24.11.2025 To, All the Principals of Nursing Colleges affiliated to RGUHS Sub: Conduct the Mercy Chance / Basic Examination for Final year Basic B.Sc. Nursing students. Ref: 1. INC Letter No.F.No.2-10/2025-INC Dated: 19.11.2025 2. INC Letter No.F.No.1-6/LT/2022-INC Dated: 19.01.2023 3. KNC Letter No.784/2025-26, dated: 24.11.2025 As per the above subject and direction of Indian Nursing Council, qualifying the eligibility criteria for appearing for examination are as follows. As per the INC letter No.2-10/2025-INC (633313) Dated: 19.11.2025 Mercy chance is not applicable to candidates who - 7 - HC-KAR NC: 2025:KHC:49098 WP No. 15138 of 2025 discontinued or re-joined the course and therefore only those candidates who completed the nursing (theory and practical hours) in the prescribed time limit (double the duration of the course) but could not clear the final year Basic B.Sc. Nursing examination within the prescribed maximum duration are eligible to appear for mercy chance examination. In this regard, Karnataka State Nursing Council is empowered to conduct this mercy chance examination and Karnataka State Nursing Council has issued circular in this regard. These circulars are attached along with this letter. Therefore, all the Principals of Nursing College are requested to display the circular issued by Karnataka State Nursing Council in your college notice boards and inform the concerned students without fail.” Sd/- Registrar (Evaluation)” 6. In view of the aforesaid Circular and Communication issued by respondent Nos.5 and 1 respectively, during the pendency of the present petition, the petitioner would be entitled to pay examination fee and take up final year examination in two subjects i.e., Community Health Nursing-II and Management of Nursing Services and Education of B.Sc Nursing degree as directed in the aforesaid Circular and Communication. 7. In the result, I pass the following: - 8 - HC-KAR NC: 2025:KHC:49098 WP No. 15138 of 2025 ORDER (i) The petition is allowed and disposed of in terms of the Circular dated 24.11.2025 issued by respondent No.5 - the Karnataka State Nursing Council and the Communication dated 24.11.2025 issued by respondent No.1 – RGUHS. (ii) The petitioner is permitted to pay the examination fee to the Registrar, Karnataka State Nursing Council on or before 03.12.2025, pursuant which the respondents shall permit the petitioner to appear in the examination as a mercy chance as indicated in the aforesaid Circular dated 24.11.2025. (iii) Respondent No.1 – RGUHS is directed to announce the result of the examinations taken up by the petitioner on or before 01.12.2025. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 4