- 1 - HC-KAR NC: 2025:KHC:47657 WP No. 33124 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 33124 OF 2025 (EDN-RES) BETWEEN: 1. SRI. SOUBHAGYA LALITHA COLLEGE OF NURSING NEAR RADHAKRISHNA HIGH SCHOOL GUTTE SRINAGAR BANGALORE – 560 050. AN INSTITUTION RUN BY ST LORDS EDUCATIONAL TRUST REPRESENTED BY ITS MANAGING TRUSTEE SREE HARSHA …PETITIONER (BY SRI. UDAYA HOLLA, SENIOR COUNSEL APPEARING FOR SRI. T. KRISHNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE M.S.BUILDING BANGALORE – 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. SHARBHESWARA VIDYAPEETHA ® A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT HAVING ITS REGISTERED OFFICE AT 6TH WARD, BANDIMOTU BELLARY – 583 101. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47657 WP No. 33124 of 2025 REPRESENTED BY ITS PRESIDENT 3. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK JAYANAGAR BANGALORE – 560 011. REPRESENTED BY ITS REGISTRAR. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1; SRI. NITIN A.M, ADVOCATE FOR R2; SMT. MAMATHA KULKARNI, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.3 UNIVERSITY TO GRANT CONTINUATION OF AFFILIATION TO THE PETITIONER INSTITUTION FOR B.SC NURSING AND P.BSC NURSING, FOR THE ACADEMIC YEAR 2025-26 AND FURTHER DIRECT THE GOVERNMENT OF KARNATAKA, RESPONDENT NO.1, HEREIN, TO PASS APPROPRAITE ORDER FORTHWITH, GRANTING APPROVAL TO THE PETITIONER INSTITUTION FOR ENHANCEMENT OF SEAT INTAKE FROM 40 TO 60 WITH REGARD TO B.SC NURSING FOR THE ACADEMIC YEAR 2025-26 AND PERMISSION TO START FRESH COURSE IN M.SC NURSING FOR THE ACADEMIC YEAR 2025-26 FORTHWITH. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:47657 WP No. 33124 of 2025 ORAL ORDER In this petition, the petitioner seeks the following reliefs: a) Direct Respondent No.3 University to grant continuation of Affiliation to the Petitioner Institution for Bsc Nursing and P.Bsc Nursing, for the academic year 2025-26. b) Further direct the Government of Karnataka respondent No.1 herein to pass appropriate order forthwith, granting approval to the Petitioner Institution for enhancement of seat intake from 40 to 60 with regard to Bsc Nursing for the academic year 2025-26 and permission to start fresh course in Msc Nursing for the academic year 2025-26 forthwith, pursuant to the approval by the Rajiv Gandhi University of Health Sciences, Respondent No.3 herein. c) Grant such other relief’s as his Hon'ble Court would be pleased to grant in the circumstances of the case, in the interest of justice and equity. 2. Heard learned Senior Counsel for the petitioner, learned High Court Government Pleader for the respondent No.1, learned counsel for the respondent No.2 and learned counsel for the respondent No.3 and perused the material on record. 3. Learned Senior Counsel for the petitioner submits that the petitioner has filed three applications before the respondent - 4 - HC-KAR NC: 2025:KHC:47657 WP No. 33124 of 2025 No.3–the Rajiv Gandhi University of Health Sciences (for short ‘RGUHS’) i.e., application for continuation of affiliation for academic year 2025-26 vide Annexure-‘R’ dated 20.12.2024, application at Annexure-‘S’ dated dated 19.03.2025 for increase in intake for Bsc Nursing course and application at Annexure-‘T’ dated 19.03.2025 for permission to start fresh course in Msc Nursing and the respondent No.3 has not taken any decision in this regard so far. It is, therefore, submitted that the respondent No.3 may be directed to consider said three applications and place the matter before the syndicate meeting to take an appropriate decision and thereafter, to forward the same to the State Government for passing appropriate orders as expeditiously as possible. 4. Per contra learned counsel for respondent No.3/RGUHS and learned High Court Government Pleader for respondent No.1 jointly submitted that the respondent No.3 would consider the said applications at Annexures-‘R’, ‘S’ and ‘T’ dated 20.12.2024, 19.03.2025 and 19.03.2025 respectively, and take appropriate decision within a stipulated timeframe and thereafter, the State Government, to whom the said decision is forwarded, shall pass appropriate orders in accordance with law. - 5 - HC-KAR NC: 2025:KHC:47657 WP No. 33124 of 2025 5. In view of the aforesaid facts and circumstances, though several contentions have been urged by the petitioner on one hand and respondent No.3 on the other, without expressing any opinion on the merits/demerits of the rival contentions urged by the petitioner and respondent No.3, I deem it just and appropriate to dispose of this petition, by issuing the following directions: i) The respondent No.3-RGUHS is directed to consider and pass appropriate orders / take appropriate decision on the applications at Annexures-‘R’, ‘S’ and ‘T’ dated 20.12.2024, 19.03.2025 and 19.03.2025 respectively, by placing the same before the syndicate meeting within a period of three weeks from the date of receipt of copy of this order. ii) Immediately upon the respondent No.3-RGUHS taking a decision pursuant to the applications at Annexures-‘R’, ‘S’ and ‘T’, referred to supra, the respondent No.3/RGUHS shall communicate/forward the same to the respondent No.1/State, who shall pass appropriate orders, within a - 6 - HC-KAR NC: 2025:KHC:47657 WP No. 33124 of 2025 period of two weeks from the date of receipt of the said decision, to be passed by the respondent No.3/RGUHS. Subject to the above said directions and keeping open all the rival conventions, to be decided in appropriate proceedings, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Bss List No.: 2 Sl No.: 18