- 1 - HC-KAR NC: 2025:KHC:49540 WP No. 16779 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.16779 OF 2025 (EDN-RES) BETWEEN: SJES SCHOOL OF NURSING MEDAHALLI, OLD MADRAS ROAD BENGALURU-560 049 REP. BY ITS PRINCIPAL SRI.JAYAKRISHNAN AGED ABOUT 53 YEARS …PETITIONER (BY SRI. SWAMY M M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PARA-MEDICALS AROGYA SOUDHA MAGADI ROAD BENGALURU-560001 REP. BY ITS SECRETARY 2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4TH 'T' BLOCK JAYANAGAR BENGALURU-560041 REP. BY ITS REGISTRAR 3. THE REGISTRAR RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49540 WP No. 16779 of 2025 4TH 'T' BLOCK JAYANAGAR BENGALURU-560041 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP FOR R.1; SRI.H.S.SUHAS, ADVOCATE FOR R.2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS OF THE 192ND SYNDICATE (SPECIAL) MEETING DATED 28.11.2024 IN NO.RGUHSB/RRAC/AUTH(MEET)/23/ 192SYN2024 UNDER SUBJECT NO.192/11(1) IN RESPECT OF THE PETITIONER COLLEGE VIDE ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLICATION, 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 for the following reliefs; "a. Issue a writ or order or direction in the nature of certiorari, quash the proceedings of the 192nd Syndicate (Special) meeting dated 28.11.2024 in No.RGUHSB/RRAC/AUTH(MEET) 23/192SYN/2024 under subject No.192/11(1) in respect of the petitioner college vide Annexure-'F'. b. Further be pleased to quash the communication/order dated 04.02.2025 in RGU/ADM/BSc(N)/SJES/2023-24 by the respondent No.3 vide Annexure-'F1'. - 3 - HC-KAR NC: 2025:KHC:49540 WP No. 16779 of 2025 c. Further be pleased to grant any other relief or reliefs that this Hon'ble Court may be pleased to grant in the facts and circumstances of the case and in the interest of justice and equity." 2. A perusal of the material on record would indicate that 14 students of the petitioner's college along with petitioner approached this Court in W.P.No.11217/2024 against the respondents herein and the said petition was disposed of vide Final Order dated 09.09.2024, which reads as hereunder. "In this petition, the petitioners seek the following relief: "Issue a Writ or order or direction in the nature of mandamus, directing the respondents to approve the admissions of the petitioners' students to the S.J.E.S. College for Basic B.Sc. Nursing for the year 2023-24 vide Annexure- 'E'." 2. A perusal of the material on record will indicate that the petitioner Nos.1 to 14 are the students of petitioner No.15 - M/s. S.J.E.S. School of Nursing [College], which is affiliated to the respondent No.2 - Rajiv Gandhi University of Health Science [RGUHS]. The petitioner No.15 - College had got admitted the petitioner Nos.1 to 14 for B. Sc. Nursing for the academic year 2023-24. Apart from the petitioner Nos.1 to 14, the petitioner No.15 - College has also admitted 40 other students. 3. It is an undisputed fact that the total intake permissible for admission of the students for the petitioner No.15 - College is 60 and the petitioner Nos.1 to 14 come - 4 - HC-KAR NC: 2025:KHC:49540 WP No. 16779 of 2025 well within the aforesaid upper limit of 60 students as permitted by the respondent No.2 - RGUHS. The material on record also indicates that while the petitioner No.15 - College addressed a Communication dated 05.12.2023 submitting the details of 40 students for approval of admission for the academic year 2023-24, the petitioner No.15 - College did not submit the names of the petitioner Nos.1 to 14 for approval to the respondent No.2 - RGUHS. 4. In this context, it is the specific contention of the petitioner No.15 - College that due to oversight and inadvertence and on account of bonafide reasons, unavoidable circumstances and sufficient cause, the petitioner No.15 - College could not submit the names of the petitioner Nos.1 to 14 for approval of their admission for the academic year 2023-24. Under these circumstances, the respondent No.2 - RGUHS addressed a Communication dated 21.03.2024 to the petitioner No.15 - College approving the names of only 40 students and did not approve the names of petitioner Nos.1 to 14. 5. In view of the aforesaid facts and circumstances and since their admission to the petitioner No.15 - College was not approved by the respondent No.2 - RGUHS and the annual examinations were approaching, the petitioner Nos.1 to 14 approached this Court by way of the present petition and the following interim order was passed by this Court on 19.04.2024. "The petitioners who are pursuing basic B.Sc. Nursing course at SJES College have filed the captioned petition feeling aggrieved by the action of the University in not approving petitioners admission on the ground that these admissions were made by the college beyond cut off date. - 5 - HC-KAR NC: 2025:KHC:49540 WP No. 16779 of 2025 The exams are now scheduled to commence from 23.04.2024. Petitioners who are pursuing B.Sc. Nursing course have taken a specific contention that the college had sent the list of students admitted in accordance with the Rules and Regulations. Bearing in mind the serious prejudice that would be caused to the students who are pursuing B.Sc. Nursing, this Court is inclined to grant some protection and accordingly issue appropriate directions to respondent No.2-University to permit petitioners to take exams. However, it is made clear that petitioners will not claim any equity and their taking up of exams scheduled on 23.04.2024 will be subject to outcome of the captioned writ petition. Petitioners are also directed to implead the college within a week. Learned counsel appearing for respondent No.2 shall seek necessary instructions and file statement of objections. Learned AGA is directed to accept notice for respondent No.1. Sri B.S.Sachin, learned counsel is directed to accept notice for respondent No.2. Smt. Sumana Baliga, learned counsel is directed to accept notice for respondent Nos.3 to 5. Learned counsel for the petitioners shall serve two sets copies of writ petition on the learned standing counsel." - 6 - HC-KAR NC: 2025:KHC:49540 WP No. 16779 of 2025 Pursuant to the aforesaid interim order passed by this Court, the petitioner Nos.1 to 14 have taken the examinations, but the results have not been announced till today. 5. Though the material on record would indicate that the petitioner No.15 - College had not sought for approval of the petitioner Nos.1 to 14 from the respondent No.2 - RGUHS, having regard to the aforesaid facts and circumstances and the specific assertion on the part of the petitioner No.15 - College that its inability and omission to submit the names of petitioner Nos.1 to 14 for approval was due to bonafide reasons, unavoidable circumstances and sufficient cause, in the special/peculiar facts and circumstances of the instant case coupled with the fact that this Court has granted permission in favour of the petitioner Nos.1 to 14 to take their annual examinations conducted in April 2024, I deem it just and appropriate to dispose of this petition directing the respondent no.2 - RGUHS to approve the admission of the petitioner Nos.1 to 14 in the petitioner No.15 - College keeping in mind the interest of the petitioner Nos.1 to 14 - students and their career. 6. In the result, the following: ORDER a. The petition is hereby disposed of directing the respondent Nos.2 - RGUHS to approve the admission of the petitioner Nos.1 to 14 in the petitioner No.15 - College for the academic year 2023- 24. b. It is made clear that the present order is passed keeping in mind the interest of the students - 7 - HC-KAR NC: 2025:KHC:49540 WP No. 16779 of 2025 who have already appeared for the annual examinations conducted in April 2024 and this order shall not be treated as a precedent nor shall the same be construed as having any precedential value for any purpose whatsoever. c. Liberty is reserved in favour of the respondent No.2 - RGUHS to take necessary steps/action as against the petitioner No.15 - College only for having committed the default in submitting the names of the petitioner Nos.1 to 14 for approval of their admission." 3. In pursuance of the same, the Syndicate of the respondent No.2 - Rajiv Gandhi University of Health Science (for short 'RGUHS') held a meeting on 27.11.2024 recorded vide its Minutes in Subject No.192 dated 28.11.2024, whereby it was decided to impose a penalty of Rs.1,00,000/- each on the 14 students whose admissions were on the college for late submission of the names of 14 students. The said decision taken in the meetings of the Syndicate vide Annexure-F was communicated to the petitioner - college vide impugned communication at Annexure - F1 dated 04.02.2025. - 8 - HC-KAR NC: 2025:KHC:49540 WP No. 16779 of 2025 4. Aggrieved by the impugned decision of the Syndicate and communication, the petitioner is before this court by way of the present petition inter-alia contending that before taking such a decision in the meeting conducted on 27.11.2024, no notice was issued to the petitioner nor was it heard thereby violating principles of natural justice warranting interference by this Court in the present petition. 5. Per-contra, learned counsel for respondent Nos.2 and 3 - RGUHS fairly submits that no notice was issued to the petitioner prior to the decision being taken by the syndicate on 28.11.2024 deciding to impose Rs.1,00,000/- each upon the college in relation to 14 students. It is, however, submitted that since this Court had reserved liberty in favour of respondent Nos.2 and 3 - RGUHS to take appropriate action against the petitioner - institution, respondent Nos.2 and 3 were fully justified in taking such a decision and issuing the impugned communication, which do not warrant interference by this Court in the present petition. 6. As can be seen from the aforesaid order passed by this Court, liberty was reserved in favour of respondent Nos.2 and 3 to - 9 - HC-KAR NC: 2025:KHC:49540 WP No. 16779 of 2025 take appropriate action against the petitioner in accordance with law. However, having regard to the fact that respondent Nos.2 and 3 did not issue any notice or notify nor hear the petitioner before taking the impugned decision in its syndicate meeting dated 28.11.2024 followed by the impugned communication dated 04.02.2025 thereby violating principles of natural justice, I deem it just and appropriate to set-aside the decision at Annexure-F and communication at Annexure-F1 and remit the matter back to respondent Nos.2 and 3 for re-consideration afresh in accordance with law by duly notifying the petitioner and proceed further in accordance with law. Hence, I pass the following; ORDER (i) The writ petition is allowed. (ii) The proceedings of the 192nd Syndicate (Special) meeting dated 28.11.2024 in No.RGUHSB/RRAC/AUTH(MEET)23/192SYN/ 2024 under subject No.192/11(1) in respect of the petitioner college vide Annexure-F is set-aside. (iii) The communication/order dated 04.02.2025 in GGU/ADM/Bsc(N)/SJES/2023-24 vide Annexure-F.1 is set-aside. - 10 - HC-KAR NC: 2025:KHC:49540 WP No. 16779 of 2025 (iv) Respondent Nos.2 and 3 shall issue notice to the petitioner and notify the petitioner and provide sufficient and reasonable opportunity to the petitioner and thereafter, proceed further in accordance with law. (v) Liberty is reserved in favour of the petitioner to submit replies, pleadings, documents etc. to respondent Nos.2 and 3, who shall consider the same and proceed further in accordance with law. (vi) The demand draft deposited in a sum of Rs.14,00,000/- submitted by the petitioner in the present petition pursuant to the interim order dated 13.06.2025 passed in the present petition is directed to be returned back to the petitioner in view of disposal of this petition. Sd/- (S.R.KRISHNA KUMAR) JUDGE NBM List No.: 1 Sl No.: 13