IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY 2017 PRESENT THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE BUDIHAL R.B. WRIT APPEAL NO. 4564 OF 2016 (EDN-EX) BETWEEN ESIC COLLEGE OF NURSING (UNDER MINISTRY OF LABOUR & EMPLOYMENT, GOVT. OF INDIA), NO.70, APPAREDDY PALYA 7TH MAIN, INDRANAGAR, BANGALORE NOW REPRESENTED BY NODAL OFFICER DEPUTY DIRECTOR SMT. LAKSHMI MOHAN (BY SMT GEETHA DEVI M P, ADVOCATE) AND 1. SMT JENNIFER A W/O EMMANUEL ISRAEL AGED ABOUT 30 YEARS R/AT # 10/5, 6TH MAIN ITC COLONY, COX TOWN JEEVANAHALLI BANGALORE-05 2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA 4TH T BLOCK, JAYANAGAR BANGALORE-41 REPRESENTED BY ITS REGISTRAR ... APPELLANT 3. INDIAN NURSING COUNCIL COMBINED COUNCILS BUILDING KOTLA ROAD, TEMPLE LANE OPP: MATA SUNDRI COLLEGE NEAR ITO, NEW DELHI - 110 002 REP BY ITS JOINT SECRETARY ... RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO MODIFY THE ORDER OF THE LEARNED SINGLE JUDGE DATED 15.6.2016 AT PARAGRAPHS 36 TO 38 INSOFAR AS IT IS AGAINST THE APPELLANT IN WRIT PETITION NO.39211/2015.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT The appeal is barred by limitation.
2. Srimathi M.P.Geethadevi, learned advocate appearing for the appellant, admits that the order is in favour of the appellant, but there are certain observations against it in the order.
3. We are of the opinion that no appeal could be filed against observations, when the order has gone in favour of the appellant.
4. The appeal is not maintainable.
5. Therefore, the application for condonation of delay in filing the writ appeal is dismissed. Consequently, the writ appeal is dismissed.
6. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv