Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 88190 (KAR)

MOTHER THERESA SCHOOL OF NURSING v. KARNATAKA STATE DIPLOMA IN NURSING EXAMINATION BOARD

WP/38102/2025 · 2025-12-16

S R Krishna Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:53657 WP No. 38102 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 38102 OF 2025 (EDN-RES) BETWEEN: 1. MOTHER THERESA SCHOOL OF NURSING NO. K AGRAHARA, NEAR PATEL PUBLIC SCHOOL, BEYOND SAKRA HOSPITAL, OUTER RING ROAD, BELUNDUR POST, BENGALURU – 560 026 REPRESENTED BY ITS PRINCIPAL SANDHYA 2. KM. ARTI PRAJAPATI D/O KANHIYA LAL PRAJAPATI AGED 28 YEARS 3. DHARMENDER S/O PRATAP SINGH AGED 23 YEARS 4. AASIF S/O FARUKH AGED 23 YEARS 5. ADIL BEG S/O MAZAFFAR BEG AGED 25 YEARS 6. ASIF S/O NUR HASAN AGED 24 YEARS 7. MOHD SHAHRUKH S/O KALLU AGED 24 YEARS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53657 WP No. 38102 of 2025 8. RIZWANA S/O TANVEER AGED 22 YEARS 9. VIVEK KUMAR S/O PURUSHOTTAM RAM AGED 20 YEARS 10. SANDEEP KUMAR S/O RAJESH KUMAR AGED 24 YEARS 11. POOJA YADAV S/O INDRAJEET YADAV AGED 18 YEARS 12. KM PREETI D/O KANCHHID SINGH AGED 28 YEARS 13. KHUSHBU D/O MANAVVAR ALI AGED 23 YEARS 14. SAHIL S/O SATPAL AGED 25 YEARS 15. K M MEENAXI D/O SURENDRA PAL SINGH AGED 35 YEARS 16. SUMIT KUMAR S/O RAJKUMAR AGED 33 YEARS 17. SANESH BALKRISHNA TALEKAR S/O BBALKRISHNA TALEKAR AGED 23 YEARS 18. AZAVEDO EARL SMITH S/O ANTONIO AZAVEDO AGED 27 YEARS - 3 - HC-KAR NC: 2025:KHC:53657 WP No. 38102 of 2025 19. RASULBI BADSHAH SAYYAD S/O BADSHAH SAYYED AGED 35 YEARS 20. JONALI DAS D/O RAJEN DAS AGED 32 YEARS 21. BALRAM MANDAL S/O SUBODH MANDAL AGED 25 YEARS 22. DHARMENDRA KUMAR S/O GANGA SINGH AGED 32 YEARS. PETITIONER NO.2 TO 22 ARE STUDENT OF 1ST PETITIONER SCHOOL, NO. K AGRAHARA, NEAR PATEL PUBLIC SCHOOL BEYOND SAKRA HOSPITAL, OUTER RING ROAD, BELUNDUR POST, BENGALURU – 560 026 …PETITIONERS (BY SRI. SHIVARUDRA, ADVOCATE) AND: 1. KARNATAKA STATE DIPLOMA IN NURSING EXAMINATION BOARD, REP. ITS SECRETARY, 1ST FLOOR, LIBRARY BLOCK, BMC AND RESEARCH INSTITUTE CAMPUS, BANGALORE – 560 002 2. KARNATAKA STATE NURSING AND PARAMEDICAL EDUCATION (REGULATION) AUTHORITY REP. ITS SECRETARY, 1ST FLOOR, LIBRARY BLOCK, BMC AND RESEARCH INSTITUTE CAMPUS, BANGALORE – 560 002 …RESPONDENTS (BY SRI. SUDHARSHAN SURESH, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:53657 WP No. 38102 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT BOARD TO CONSIDER AND APPROVE THE ADMISSIONS OF THE PETITIONER STUDENTS 2 TO 22 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: “(i) Issue a writ of mandamus directing the respondent Board to consider and approve the admissions of the petitioner student No.2 to 22; (ii) Issue a writ in the nature of mandamus directing the respondent Board to issue hall ticket by accepting the approval / examination fee and permit the petitioner students 2 to 22 to take up the 1st year GNM examination scheduled to commence from 29.12.2025 vide Annexure-D; (iii) Issue a writ in the nature of mandamus directing the respondents to consider the representations made by the 1st petitioner in the interest of the students vide Annexure-C dated 23.01.2025; (iv) Pass any order or issue any direction this Hon’ble Court deems fit under the facts and circumstances of the case.” - 5 - HC-KAR NC: 2025:KHC:53657 WP No. 38102 of 2025 2. After arguing the matter for sometime, learned counsel for the petitioners submits that since the respondent No.1 – Board has not considered the representation / request made by the petitioners vide Annexure-C dated 23.01.2025, the respondent No.1 may be directed to consider the same and take appropriate decision / pass appropriate orders within a stipulated time frame. 3. Per contra, learned counsel for respondent No.1-Board submits that if reasonable time is granted, the respondent No.1- Board shall consider the said application filed by the petitioners at Annexure-C dated 23.01.2025 and take appropriate decision / pass appropriate orders, in accordance with law. 4. Before proceeding further, it would be necessary to extract the aforesaid representation as under: "MTSN-BL-28/2025-26 SCHOOL CODE:106 To The Registrar, Karnataka State Diploma in Nursing Examination Board (KSDNEB), Bengaluru. Respected Sir/Madam, - 6 - HC-KAR NC: 2025:KHC:53657 WP No. 38102 of 2025 This is to kindly request your permission to complete the late online admission process for the academic year 2024-25 for our institution. Due to unavoidable administrative reasons, we were unable to complete the admission process within the stipulated timeline. We sincerely apologize for the delay. We humbly request you to kindly allow us to complete the online admission at the earliest. We assure you that all required documents and details will be submitted promptly as per KSDNEB guidelines. Your kind consideration and approval will be greatly appreciated. Thank you. Enclosures Covering letter Original documents SD/- PRINCIPAL MOTHER THERESA SCHOOL OF NURSING BENGALURU. 5. Since the aforesaid representation / request has not been considered by respondent No.1-Board, I deem it just and appropriate to dispose of this petition directing the respondent No.1-Board to address the grievance of the petitioners and to consider and pass orders / take appropriate decision on the aforesaid representation, in accordance with law within 23.12.2025. - 7 - HC-KAR NC: 2025:KHC:53657 WP No. 38102 of 2025 6. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 4 Sl No.: 8