IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS. JUSTICE S.SUJATHA W.P.Nos.33651-33655 OF 2018 AND W.P.Nos.33960-33963 OF 2018 (EDN-RES) BETWEEN:
1. Murthy Institute of Para Medical Sciences, Narahari Nagara, Nagaragere Post, Challakere-577522.
By its authorized Representative Dr. Narayana Murthy, MBBS, MD (Pathology), 2. Sri. Varun Kumar S.P., S/o. Sri. Prakash, Aged about 23 years, Murthy Institute of Para Medical Sciences, Narahari Nagara, Nagaragere Post, Challakere-577522.
R/at Challakere-577522.
3. Sri. Thippeswamy H., S/o. Sri. Holeyappa M., Aged about 26 years, Murthy Institute of Para Medical Sciences, Narahari Nagara, Nagaragere Post, Challakere-577522.
R/at Old Town, Challakere-577522.
4. Ms. Veena T.M., D/o. Sri. T.Muniswamy, Aged about 26 years, Murthy Institute of Para Medical Sciences, Narahari Nagara, Nagaragere Post, Challakere-577522, R/at Gandhinagar, Challakere-577522.
5. Ms. Radha T., D/o. Sri. Thippeswamy, Aged about 35 years, Murthy Institute of Para Medical Sciences, Narahari Nagara, Nagaragere Post, Challakere-577522, /at Gandhinagar, Challakere-577522.
6. Smt. Usha M.N., W/o. Sri.Venkatesh B., Aged about 25 years, Murthy Institute of Para Medical Sciences, Narahari Nagara, Nagaragere Post, Challakere-577522, R/at Narahari Nagara, Nagaragere Post, Challakere-577522.
7. Sri. Harish T., S/o. Sri. Thipperudrappa, Aged about 23 years, Murthy Institute of Para Medical Sciences, Narahari Nagara, Nagaragere Post, Challakere-577522.
R/at Dodda Ullarthy, Challakere-577522.
8. Ms. Devamma E., D/o. Sri. Eranna, Aged about 28 years, Murthy Institute of Para Medical Sciences, Narahari Nagara, Nagaragere Post, Challakere-577522, R/at Margatta, Chitradurga-577501.
9. Smt. Renuka, W/o. Sri. Yashodhara, Aged about 25 years, Murthy Institute of Para Medical Sciences, Narahari Nagara, Nagaragere Post, Challakere-577522, R/at Challakere-577522.
10. P.V.S.Institute of Para Medical Sciences Chitradurga-577501.
By its authorized representative Dr.Narayana Murthy, MBBS, MD (Pathology), 11. Ms. Nethra H., D/o. Sri. Hanumanthappa, Aged about 26 years, P.V.S.Institute of Para Medical Sciences Chitradurga-577501, R/at I.U.D.T. Layout, 11th Cross, Chitradurga-577501.
….Petitioners (By Mr. M.P.Srikanth, Advocate for M/s. PSS Legal, Advocates) AND:
1. The State of Karnataka, By its Principal Secretary to Government, Medical Education, Vikasa Soudha, Dr. Ambedkar Veedhi, Bengaluru-560001.
2. The Director, Medical Education, Ananda Rao Circle, Gandhinagar, Bengaluru-560009.
3. Karnataka Nursing and Para Medical Regulating Authority (Act-2012), Para Medical Board, Bengaluru, No.5, New No.40/20A, Lakshmi Complex, 1st Floor, Opp: Vani Vilas Hospital,Fort, Bengaluru-560002, By its Secretary.
4. Karnataka Nursing and Para Medical Sciences Education (Regulation) Authority, No.5, New No.40/20A Lakshmi Complex, 1st Floor, Opp: Vani Vilas Hospital, Fort, Bengaluru-560002.
By its Member Secretary.
(By Ms. Pramodini Kishan, AGA for R1 & R2;
….Respondents Mr. Yogesh G. Nayak, Advocate for R3 & R4) These Writ Petitions are filed under Article 226 of the Constitution of India praying to declare that the notification dated 13.04.2018 is not binding on the petitioner students at Annex-B.
These Writ Petitions coming on for orders this day, the Court made the following :-
ORDER The petitioners have sought for a declaration that the notification dated 13.04.2018 issued by the respondent No.3 is not binding on the petitioning students.
2. This court by the interim order dated 3.8.2018 permitted the petitioners to pay the examination fees and appear for the examinations scheduled to commence in the month of May 2018, if they are otherwise eligible without reference to clause-15 of Annexure-B/communication dated 13.4.2018.
3. The order dated 14.1.2019 reads thus : -
“Learned counsel for the petitioners submits that the petitioners had appeared for the examination pursuant to the interim direction dated 3.8.2018; the results of this examination having not been announced, petitioners are in disadvantageous position to take up other ensuing examination which is scheduled to be commence in the month of February 2019 and the last date for payment of the examination fee being 17.1.2019, no prejudice would be caused to the other side, if the results of the examination taken by the petitioners are announced subject to final outcome of the Writ Petitions.
There is force in the submission.
In view of the above, respondent-Board is directed to announce the examination results of the petitioners forthwith, so that they can write the ensuing examination for the next level of the course, subject to final outcome of the Writ Petitions, if the petitioners are otherwise eligible”.
4. Learned AGA points out the circular dated 14.6.2019 issued by the Karnataka Nursing and Paramedical Sciences Education (Regulation) Authority, Para Medical Board, which permits the students of Para Medical course who had not completed the course within the period of six years to appear and write the examinations. It is submitted that in view of the aforesaid circular and the permission granted by this court for the petitioners to appear for the examination directing the University to declare the results, the Writ Petitions deserve to be disposed of having rendered infructuous.
5. There is substantial force in the submission made by the learned AGA, in view of the circular dated 14.6.2019 issued by the Para Medical Board as aforesaid.
Hence, Writ Petitions stand disposed of as having rendered infructuous.
Sd/- JUDGE ckl