IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION Nos.18825-18839 OF 2017 (EDN-AD) & WRIT PETITION Nos.19832-20277 OF 2017 Between 1. Pragathi Institute of Nursing, No.33 Byrathi Extension , Near Ebenezer Hospital, Hennur Bagalur Main Road, Kothanur Post, Bengaluru-560 077, Represented By Its Principal (Incharge) Ms. Sheeba Silvia.
2. R.T. Nagar School of Nursing, C.A.Site No.14(P), HMT Layout, R.T. Nagar, Bengaluru-560 032, Represented By Its Principal Mrs. Sazeera Blowers.
3. Jnana Jyothi School of Nursing, No.68, Chokkanahalli, Ramakrishna Hegdenagar Main Road, Jakkur Post, Yelahanka Hobli, Bengaluru-560 064, Represented by its Principal Mrs. Iyankani M.
4. Sarojini School of Nursing, No.79, Soladevanahalli, Hesaraghatta Main Road, Bengaluru 560 090, Represented by its Principal Mrs. Precilla Patrics.
5. St. John’s School of Nursing, No.4, Papareddypalya, Nagarabhavi 2nd Stage, Bengaluru 560 072, Represented by its Principal Mrs. P. Gladies Viola.
6. Aristotle School of Nursinng, Andersonpet, KGF-563 113, Represented by its Principal Mrs. Venmathy L.
7. Noorie School of Nursing, Andersonpet, KGF-563 113, Represented by its Principal Mrs. Sahaya Josphin Vimala.
8. Royal School of Nursing, Sy. No.1/2 Mallapura Village, Kasaba Hobli, Nelamangala Taluk, Bengaluru-562 162, Represented by its Principal Mrs. Rosamma.
9. Sainik School of Nursing, No.33, 80 Feet Road, Opp. Laggere Ring Road Bridge, Via Tumkur-Mysore Ring Road, Bengaluru-560 091, Represented by its Principal Mrs. Joshina Sunil.
10. Sri Shanthini School of Nursing Sy. No.18/319, Kuduregere Village, Daasanapura Hobli, Alur Post, Bengaluru North-562 162, Represented by its Principal Mrs. Annalsathiya.
11. Capitol School of Nursing, No.1, Kothanur Dinne, K.Road 8th & 9th Cross, J.P.Nagar 7th Phase, RBI Layout, Bengaluru-560 078, Represented by its Administrator Sri. Manjunath J.
12. Swetha School of Nursing, No.61, Opp: Janapriya Township, Kadabagere Post, Magadi Road, Bengaluru-562 130, Represented by its Principal Sri. Kumar L.
13. Gayathri Nursing Foundation, Kottigepalya, Srigandadakaval, Magadi Main Road, Bengaluru-560 091, Represented by Principal Mrs. Anita Joyce Kamalam.
14. St. Theresa School of Nursing, No.28/29, Mallasandra, T.Dasarahalli, Hesaraghatta Main Road, Bengaluru-560 057, Represented by its Principal Sri. P.O.Vas.
15. Diana School of Nursing, No.30, Ramakrishna Hegde Nagar, Jakkur Post, Yelahanka Hobli, Bengaluru-560 064, Represented by its Principal Mrs. Sangeeta Devi. ... Petitioners (By Sri. Reuben Jacob., Advocate) AND 1. Karnataka State Nursing Council, # 71,Nightigale Towers, A-Street, 6th Cross, A.R.Extension, Gandhinagar, Bengaluru-560 009, Represented by its President.
2. Karnataka State Diploma in Nursing Examination Board, 2nd Floor, Government School of Nursing Building, Victoria Hospital Campus, Fort, Bengaluru-560 002, Represented by its Secretary. ... Respondents (By Smt. Sumana Baliga, Advocate for R1 Sri Yogesh D.Naik, Advocate for R2) These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the circular dtd:4.2.2017 issued by R-1 vide Annexure-E in so far as the condition No.7 requiring the payment of Rs.5,00,000/- (Rupees Five Lakhs Only) by the P-1 to 15 colleges and etc., These writ petitions coming on for Orders, this day, the Court made the following:
ORDER Learned counsel for the petitioners submits that the fact matrix of these Writ Petitions is verbatim similar to one in cognate W.P.Nos.21231-232/2017 and other connected matters disposed off, by this Court vide judgment dated 09.01.2019, a copy whereof is placed on record by memo dated 06.02.2019.
2. Learned counsel for the petitioners pressing into service the principle of parity contends that the relief as granted in the aforesaid cognate Writ Petitions needs to be granted to the petitioners herein, there being no mitigating circumstances against the grant.
3. Smt. Sumana Baliga, learned Panel Counsel appearing for respondent No.1 submits that wherever the documents are furnished by the college prima facie establishing the credentials of the students, the admissions have been approved and wherever the deficiencies are found, the approval has been denied.
4. In response, the learned counsel for the petitioners submits that even this aspect is also covered by the judgment in the cognate W.P mentioned above and therefore, there cannot be any deviation so far as the petitioner students are concerned. There is force in the submissions.
The operative portion of the said judgment at para 8 reads as under:
“8. In the above circumstances, these writ petitions succeed; a Writ of Certiorari issues setting at naught the impugned Condition No.7 in the Circular dated 04.02.2017 issued by the 1st respondent at Annexure-K; a Writ of Mandamus issues to the respondents to take all steps to ensure grant of approval to the admission of students in the petitioner institutions within eight weeks without insisting for the payment of any amount in terms of now quashed Condition No.7, within eight weeks, if the approval is not yet accorded, subject to otherwise eligibility.”
In the above circumstances, these writ petitions succeed, in terms of the aforesaid judgment.
Compliance shall be, accordingly. No costs.
Sd/- JUDGE DS/-