IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION NOS.42826-42828/2017 (EDN-AD) BETWEEN:
1. THE CAPITOL COLLEGE OF NURSING NO.144, MACHOHALLI MAGADI MAIN ROAD ADJACENT OF SRI VANI VDAYA KENDARA MAGADI MAIN ROAD, BENGALURU-091 REP BY ITS PRINCIPAL SRI PRADEEP S/O GOVINDA GOWDA AGED ABOUT 35 YEARS 2. KUM. SUSHMA RAWAL D/O KRISHANA BAHADUR RAWAL AGED ABOUT 18 YEARS 3. KUM. DEBASREE DAS ROY D/O KRISHANA BAHADUR RAWAL AGED ABOUT 18 YEARS P2 & P3 ARE 1ST YEAR BSC (NURSING) STUDENTS OF THE CAPITOL COLLEGE OF NURSING, NO.144, MACHOHALLI MAGADI MAIN ROAD, ADJACENT OF SRI VANI VIDAYA KENDARA MAGADI MAIN ROAD BENGALURU-091.
… PETITIONERS (BY SRI. NAIK RAMACHANDRA RAMA, ADVOCATE) AND:
1. THE REGISTRAR THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE 4TH BLOCK, JAYANAGAR BENGALURU-560041.
2. STATE OF KARNATAKA REP BY THE SECRETARY DEPT OF MEDICAL EDUCATION VIKASA SOUDHA BENGALURU-560001 … RESPONDENTS (BY SRI.N.K. RAMESH, ADVOCATE FOR R1; SMT. PRAMODHINI KISHAN, AGA FOR R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO APPROVE THE ADMISSION FOR THE PETITIONER NO.2 AND 3 AND ISSUE THEM THE ELIGIBILITY CERTIFICATE FOR THE ACADEMIC YEAR 2016-17 TO THE B.S.C (NURSING) COURSE.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER All these writ petitions are similar to one in cognate writ petition Nos.41713 and 42396 of 2017 [EDN-AD] disposed of by this Court vide Judgment dated 4.2.2019.
2. Apparently, there is some lapse on the part of the College, inasmuch as, it had not uploaded the names of the students i.e., petitioners 2 and 3. However, for this lapse of the college, the students cannot be penalized.
3. There is nothing that comes in the way of granting relief to the petitioners 2 and 3 reserving liberty to the respondent-University to take appropriate action against the College, if it so desires.
4. In the above circumstances, these writ petitions succeed in part; a writ of mandamus issues to the respondent-University to consider representation of petitioner No.1 dated 14.11.2016 at Annexure-F for the approval of admission of petitioners 2 and 3 to the course in question, if they are otherwise eligible.
Compliance within four weeks.
Sd/- JUDGE AN/-