- 1 - HC-KAR NC: 2025:KHC:47535 WP No. 11359 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 11359 OF 2024 (EDN-RES) BETWEEN: M M COLLEGE OF NURSING REP. BY ITS PRESIDENT SRI SASIKUMAR S/O RAVINDRA AGE 54 YEARS R/O 713, NEAR NANDI CIRCLE DATTAGALLI, 3RD STAGE MYSORE – 570 023. …PETITIONER (BY SRI. SRIHARI A.V., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY IT'S SECRETARY DEPARTMENT OF MEDICAL EDUCATION M. S. BUILDING, AMBEDKAR VEEDHI BANGALORE – 560 001. 2. THE REGISTRAR RAJIV GANDI UNIVERSITY OF HEALTH SCEINCES, 4TH T BLOCK, JAYNAGARA BENGALURU – 560 041. …RESPONDENTS (BY SRI. MANJUNATHA K., HCGP FOR R1; SMT. FARAH FATHIMA, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENT NO.2 TO ACCORD PERMISSION TO THE PETITIONER INSTITUTION BY ISSUING CONTINUATION AFFILIATION, USER ID AND PASSWORD AND FURTHER DIRECT THE R2 TO APPROVE THE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47535 WP No. 11359 of 2024 ADMISSION OF 60 STUDENTS WHO ARE ADMITTED FOR THE ACADEMIC YEAR 2023-24 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 for the following reliefs:- “i. Issue writ in the nature of mandamus directing Respondent No.2 to accord permission to the petitioner institution by issuing continuation affiliation, User ID and password and further direct the Respondent No.2 to approve the admission of 60 students who are admitted for the academic year 2023-24; ii. Issue writ in the nature of mandamus directing respondent No.2 to consider the representation of the petitioner dated 02.01.2024 and 20.03.2024 vide Annexure-L & M. iii. Issue such other writ or order or direction that this Hon’ble Court may deem fit under the facts and circumstances of the case including the cost of this writ petition in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:47535 WP No. 11359 of 2024 3. Learned counsel for the petitioner submits that the present petition may be disposed of directing respondent No.2- RGUHS to consider the request of the petitioner-Insitution for continuation of affiliation, User ID and password and to approve admission of 60 students for the academic year 2023-24 by considering the representations dated 02.01.2024 and 20.03.2024 at Annexures-L and M, in the light of the judgment of this Court in the case of Bangalore City College of Nursing Vs. Rajiv Gandhi University of Health Sciences and others – W.P.No.16499/2025 dated 10.10.2025. 4. Per contra, learned HCGP for respondent No.1 and learned counsel for respondent No.2 jointly submit that if reasonable time is granted, the concerned respondent would consider the request of the petitioner and proceed further, in accordance with law. 5. In the case of Bangalore City College of Nursing (supra), this Court held as under: “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 - 4 - HC-KAR NC: 2025:KHC:47535 WP No. 11359 of 2024 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 University of Health Sciences and perused the material on record. 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 - 5 - HC-KAR NC: 2025:KHC:47535 WP No. 11359 of 2024 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 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." - 6 - HC-KAR NC: 2025:KHC:47535 WP No. 11359 of 2024 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 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." - 7 - HC-KAR NC: 2025:KHC:47535 WP No. 11359 of 2024 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 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.” 6. In view of the aforesaid facts and circumstances and representations at Annexures-L and M submitted by the petitioner, I deem it just and appropriate to dispose of the petition directing respondent No.2 to consider the request of the petitioner to accord permission to the petitioner-Institution by issuing continuation of - 8 - HC-KAR NC: 2025:KHC:47535 WP No. 11359 of 2024 affiliation, User ID and password and also to approve the admission of 60 students for the academic year 2023-24 by considering prayer (i), bearing in mind the judgment of this Court in the case of Bangalore City College of Nursing (supra), within a period of six weeks from the date of receipt of a copy of this order. 7. In addition thereto, respondent No.2 shall declare the results of the examinations undertaken by the students of the petitioner-college, within a period of four weeks from the date of receipt of a copy of this order. 8. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 3