- 1 - HC-KAR NC: 2025:KHC:51954 WP No. 33394 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 33394 OF 2024 (EDN-RES) BETWEEN: 1. SATHGURU SCHOOL OF NURSING JANAPRIYA TOWNSHIP, KADABAGERE POST MAGADI ROAD, BANGALORE - 562 130 REPRESENTED BY PRINCIPAL PM HARITA W/O LAVA KUMAR AGED ABOUT 36 YEARS 2. SACRED HEART INSTITUTE OF NURSING NO 432, II CROSS RAMAIAH ENCLAVE, NAGASANDRA BANGALORE - 560 073 REPRESENTED BY ITS PRINCIPAL ABHISIRI A V D/O VENKATESH AGED ABOUT 38 YEARS 3. SHARABHESHWARA INSTITUTE OF NURSING BELLARY - T NARASIMPUR ROAD, MYSORE - 570 010 REPRESENTED BY ITS PRINCIPAL NITHIN B L S/O LOKANATH AGED ABOUT 42 YEARS 4. SREEKANTH INSTITUTE OF NURSING NEABASAVANNA TEMPLE HESAAGHATTA MAIN ROAD BANGALORE - 560 123 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51954 WP No. 33394 of 2024 REPRESENTED BY ITS PRINCIPAL REKHA B D/O DEVAPPA AGED ABOUT 42 YEARS 5. SRINIVASA SCHOOL OF NURSING TIPPANAHALLI, NEAR DHOBHIGHAT DODDABIDARAKALLU, BANGALORE - 560 073 REPRESENTED BY ITS PRINCIPAL SAYANMANDAL S/O KAMAL MANDAL AGED ABOUT 36 YEARS 6. PRERANA INSTITUTE OF NURSING KUMUTAGI COMPLEX TP 54, STATION ROAD BAGALKOTE - 587 101 REPRESENTED BY ITS PRINCIPAL VIJETHA P D/O GIRISH P AGED ABOUT 40 YEARS 7. MAK SCHOOL OF NURSING KYSAMBALLI ROAD BETHAMANGALA, KOLARA 563 116 REPRESENTED BY ITS PRINCIPAL ANUPAMAUPADHYAYE D/O RAJIB KUMAR UPADHYAYE AGED ABOUT 42 YEARS 8. BASAVA SCHOOL OF NURSING DEODURGA, DEODURGA TALUK, RAICHUR - 584 111 REPRESENTED BY ITS PRINCIPAL ANITA GOSWAMY D/O AMAR GHANGOSWAMY AGED ABOUT 35 YEARS - 3 - HC-KAR NC: 2025:KHC:51954 WP No. 33394 of 2024 9. ALLAMAPRABHU SCHOOL OF NURSING NEAR SBI, VIJAYA MAHANTHESH COMPLEX, DHUPADAL ROAD, GHATAPRABHA - 591 306 REPRESENTED BY ITS PRINCIPAL BABU DEEPAK RAJ S/O NAGENDRA KUMAR AGED ABOUT 38 YEARS 10. ARYA SCHOOL OF NURSING KAJUBHAGHA, KARWARA, UTTARA KANNADA DISTRICT - 581 301 REPRESENTED BY ITS PRINCIPAL ROSHANI PAL D/O SHIVAKUMAR AGED ABOUT 40 YEARS 11. AB PATILBAYYAPUR SCHOOL OF NURSING SIRAWAR TALUK AND DISTRICT RAICHUR - 584 111 REPRESENTED BY ITS PRINCIPAL NITHISH KUMAR S/O KRISHNA DAS AGED ABOUT 42 YEARS 12. MAHANANDI SCHOOL OF NURSING WARD NO 10, MUCHAKANDI CROSS KALADAGI ROAD, BAGALOKTE - 587 101 REPRESENTED BY ITS PRINCIPAL VIKAS KUMAR S/O LALIT PANDIT AGED ABOUT 32 YEARS 13. SHOBHA SCHOOL OF NURSING NEAR ADB BANK, NARGUND GADAG - 582 207 REPRESENTED BY ITS PRINCIPAL SARVESH MOHITE, S/O SACHIN M AGED ABOUT 41 YEARS …PETITIONERS (BY SRI. NARAYANA S., ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:51954 WP No. 33394 of 2024 AND: STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MEDICAL EDUCATION M.S.BUILDING, AMBEDKARVEEDI BENGALURU - 560 001 …RESPONDENT (BY SRI. K. MANJUNATH, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. QUASHING THE ENDORSEMENT DATED 15.07.2024 BEARING NO.MED 266 MMC 2024 VIDE ANNEXURE-H.B. DIRECTING THE RESPONDENT TO GRANT PERMISSION TO THE PETITIONERS FOR OPENING NEW NURSING COLLEGES AS PER ANNEXURE D1 TO D13 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 seeks the following reliefs: - 5 - HC-KAR NC: 2025:KHC:51954 WP No. 33394 of 2024 (a) Issue a writ in the nature of certiorari quashing the endorsement dated 15.07.2024 bearing No.MED 266 MMC 2024 vide Annexure-H issued by respondent. (b) Be pleased to grant a writ of mandamus directing the respondent to grant permission to the petitioners for opening new nursing colleges as per Annexure-D1 to D13. (c) And grant such other order or direction as this Hon'ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity.” 2. Heard Shri.Narayana.S., learned counsel for the petitioners and Shri.K.Manjunath, learned HCGP for the Respondent/State and perused the material on record. 3. A perusal of the material on record will indicate that the request of the petitioners for grant of permission to run a Nursing College, having not been considered by the Respondent/State, the petitioners approached this Court in W.P.No.4282 of 2024 (EDN-RES), which was disposed of by this Court vide final order dated 12.02.2024 as hereunder: - 6 - HC-KAR NC: 2025:KHC:51954 WP No. 33394 of 2024 "6. From above, filing of application by petitioners for starting new GNM colleges/schools is not in dispute. Though there was a ban against receiving applications as per Government Order at Annexure-B, same was modified by Government Order at Annexure-C permitting applications filed by new educational institution with full infrastructure. Petitioners are claiming that they would fall within scope of Government Order at Annexure-C permitting applications filed by new educational institution with full infrastructure. Petitioners are claiming that they would fall within scope of Government Order at Annexure-C and therefore submitted representations at Annexures- D1 to D13. Said representations appears to have remained without consideration. Since petitioners has filed representations for consideration of their applications, prima-facie requirements for issuance for writ of mandamus appears satisfied. 7. Hence, writ petition is disposed of directing respondent to consider petitioners' representations at Annexures-D1 to D13 in accordance with law, within an outer limit of four weeks from date of receipt of certified copy of this order. It is however clarified that direction to consider representations to grant relief sought for shall not be treated as a positive direction, but only to consider on its own merits in accordance with law, within time limit indicated". 4. In pursuance of the aforesaid order, the Respondent/State proceeded to issue the impugned endorsement dated 15.07.2024 rejecting the request of the petitioners on the sole ground that the said request - 7 - HC-KAR NC: 2025:KHC:51954 WP No. 33394 of 2024 had been rejected earlier. In my considered opinion, this Court in the earlier round of litigation in W.P.No.4282 of 2024 (EDN-RES) had specifically directed the Respondent/ State to consider the request of the petitioners to start a Nursing College by adverting to the claim of the petitioners on merits, which has not been done by the Respondent/ State while issuing the impugned endorsement, which is clearly a cryptic, laconic, non-speaking and un-reasoned endorsement without any application of mind and without assigning cogent or valid reasons as to why the request/ application of the petitioners was being rejected. Under these circumstances, I deem it just and appropriate to set aside the impugned endorsement and remit the matter back to the Respondent/State for reconsideration of the claim/application of the petitioners afresh, in accordance with law, within a stipulated time frame, by issuing certain directions in this regard. 5. In view of the above, I pass the following: - 8 - HC-KAR NC: 2025:KHC:51954 WP No. 33394 of 2024 ORDER i) Writ Petition is hereby allowed. ii) The impugned endorsement at Annexure-'H' is hereby set aside. Matter is remitted back to the Respondent/State for reconsideration of the claim/ application of the petitioners afresh, in accordance with law. iii) The Respondent/State shall conduct inspection of the Petitioners' Institutions after duly notifying the Petitioners and in the presence of the petitioners and thereafter consider the claim/application/ request of the petitioners for grant of permission to run Nursing College and take appropriate decision/pass appropriate orders, in this regard after giving sufficient and reasonable opportunity to the petitioners and as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this order. - 9 - HC-KAR NC: 2025:KHC:51954 WP No. 33394 of 2024 iv) Liberty is reserved in favour of the petitioners to produce pleadings, documents etc., which shall be considered by the Respondent/State who shall proceed further, in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE DH CT-SG List No.: 1 Sl No.: 14