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2026 DAILYLAW 37775 (KAR)

ST. BENEDICTS INSTITUTE OF NURSING v. THE STATE OF KARNATAKA

WA/1812/2026 · 2026-08-29

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010507412026 NC: 2026:KHC:46820-DB WA No. 1812 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 1812 OF 2026 (EDN-RES) BETWEEN: 1. ST. BENEDICTS INSTITUTE OF NURSING REPRESENTED BY ITS PRINCIPAL ASIRVANAM, ANCHEPALYA KUMBALGODU (P.O) KENGERI BENGALURU - 560 076 …APPELLANT (BY Ms. PRIYA KOSHY, ADVOCATE FOR SRI NITIN A M.,ADVOCATE, APPELLANT (VC) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF MEDICAL EDUCATION VIKASA SOUDHA BENGALURU - 560 001 …RESPONDENT (BY SRI S R KHAMROZ KHAN, AGA) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE IMPUNGED ORDER DATED 10.07.2026 PASSED IN I.A.No2/2026 IN W.P. No. 19016/2026 BY THE LEARNED SINGLE JUDGE AND CONSEQUENTLY ALLOW I.A No.2/2026 BY DIRECTING THAT PARAGRAPH No.1 OF THE ORDER DATED 01.07.2026 BE Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010507412026 NC: 2026:KHC:46820-DB WA No. 1812 of 2026 CORRECTED IN TERMS OF THE PRAYER MADE IN I.A.NO.2/2026 AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Issue notice. The learned Additional Government Advocate accepts notice for the respondent. 2. The appellant has filed the present appeal impugning an order dated 10.07.2026 passed by the learned Single Judge in Writ Petition No.19016/2026 (EDN-RES), whereby an application for correction of the final order dated 01.07.2026 was rejected. By virtue of the order dated 01.07.2026, the writ petition was disposed of with a direction to consider the appellant's representation dated 19.06.2026 annexed as Annexure-G. 3. Neither of the parties are aggrieved by the operative part of the impugned order. - 3 - HC-KAR CNR: KAHC010507412026 NC: 2026:KHC:46820-DB WA No. 1812 of 2026 4. The appellant has filed the present appeal mainly on the basis that the facts recorded in paragraph 1 of the order dated 01.07.2026 are incorrect. Paragraph 1 of the said order is set out below: "The petitioner has filed this writ petition seeking for a mandamus directing the respondent to consider the representation dated 19.06.2026 vide annexure ‘G’, wherein the petitioner has sought for grant of provisional registration, assignment of registration numbers and issuance of hall tickets and examination eligibility for 19 students pending issuance of the Government corrigendum. However, the representation was not considered by the respondent and hence, this writ petition." 5. The appellant states that the representation annexed as Annexure-G is not for grant of provisional registration, assignment of registration numbers and issuance of hall tickets as noted by the learned Single Judge. She points out that the representation was for issuance of a corrigendum of the Government Order dated 07.03.2026 to the effect that the academic year for enhancement of seats from 40 to 60 of the appellant institute be corrected to 2025-26 (instead of 2026-27). 6. Since there is no dispute as to the operative part of the impugned order, we consider it apposite to dispose of the appeal - 4 - HC-KAR CNR: KAHC010507412026 NC: 2026:KHC:46820-DB WA No. 1812 of 2026 by directing that the representation be considered without reference to paragraph 1 of the impugned order. 7. The appeal is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE AHB List No.: 1 Sl No.: 19