IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION NOS.15131-15144/2017 (EDN-AD) BETWEEN:
1. SRI. SOUBHAGYA LALITHA COLLEGE OF NURSING, NEAR RADHAKRISHNA HIGH SCHOOL, GUTTE SRINAGAR, BENGALURU-560 050. REPRESENTED BY ITS PRINCIPAL SMT GEETHA ARUNMANI.
2. CHRISTIAN EKTAKUMARI GIRISHCHANDRA, D/O CHRISTIAN GIRISHCHANDRA, AGE 29 YEARS, 3. SABITHA, D/O SHAJI, AGE 29 YEARS, 4. JASMIN JOSEPH, D/O JOSEPH, AGE 28 YEARS, 5. TESSY.MOL.A.M, D/O MICHAEL, AGE 27 YEARS, 6. TEENA SUSAN THOMAS, D/O THOMAS, AGE 27 YEARS, 7. TINU K SEBASTIN, D/O DEVASSYKUTTY, AGE 28 YEARS, 8. CHRISY, D/O ANTO, AGE 35 YEARS, 9. ROBIN MATHEW, D/O MATHEW, AGE 31 YEARS, 10. CHRIS MARY JOHN, D/O JOHN, AGE 27 YEARS, 11. SIJI MOL ANTONY, D/O ANTONY CHERIYAN, AGE 31 YEARS, 12. ANJANA MOL JOSEPH, D/O JOSEPH, AGE 27 YEARS, 13. REMYA RAJ, D/O RAJAN, AGE 27 YEARS, 14. RANA ELIZABETH THOMAS, D/O THOMAS, AGE 31 YEARS, PETITIONERS 2 TO 14 ARE STUDENTS OF II YEAR P.B.B.SC., (NURSING) IN THE FIRST PETITIONER COLLEGE.
... PETITIONERS (BY SRI. SHIVARUDRA, ADVOCATE) AND RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, 4TH T BLOCK, JAYANAGAR, BANGALORE-560 041. ... RESPONDENT (BY SRI.N.K. RAMESH, ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT ISSUED BY THE RESPONDENT UNIVERSITY DTD:24.8.2016 VIDE ANNEXURE-F AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the parties.
2. The petitioners have sought for a writ in the nature of mandamus directing the respondent-Rajiv Gandhi University of Health Sciences to approve the admissions of the petitioning students 2 to 14 and permit them to appear for the second year PB.BSC., (Nursing) examination scheduled to commence from 11.04.2017 inter alia seeking a direction to the respondent-Rajiv Gandhi University of Health Sciences to declare the results of 1st year PB.BSC., (Nursing) examination relating to the petitioner-students for the academic year 2014-15.
3. It is not in dispute that the petitioners herein are parties in the batch of Writ Petitions in W.P.Nos.36840-36885/2015 (Edn-Ad), disposed of on 11.09.2015, whereby certain directions were issued as under:
“(1) Admission Register along with proof of having paid the prescribed approved fee to the University by the respective colleges shall be submitted and got certified by the Registrar of the University or his designated Official within four (4) days from the prescribed cut-off date fixed for admission.
(2) Date, amount and number of the Receipt shall be indicated in the Admission Register maintained by the college corresponding to the name of student and signature of the student should also find place in the Admission Register.
(3) Notification shall be issued by the Registrar of University one month prior to the cut off date for admission by calling upon all the colleges to submit their Admission Register and said notification shall also indicate the details of on-line uploading, admission by e-mail, Fax or personal delivery with date and time.
(4) Such notification issued by the University from time to time relating to admission shall also include a clause indicating that colleges would also be entitled to submit list of students admitted by respective colleges within prescribed time by submitting such list in person to the University.”
4. The petitioning students 2 to 14 did not appear before the Committee for physical verification despite sufficient opportunity given. These petitioning students are not the regular students, university directed the 1st petitioner institution to discharge the petitioning students 2 to 14 who were noted in the list of admission for the academic year 2014-15 from the college and also to intimate the same to the students concerned and report the compliance within a week from the date of the communication dated 24.08.2016.
5. However, pursuant to the interim orders passed by this court, in these writ petitions, the petitioning students have appeared for the examinations of two years PB.BSC., (Nursing) examination, results of the 1st year has been announced, no results of these petitioning students relating to the 2nd year PB.BSC., (Nursing) courses has been announced. In the circumstances, this court, on 29.03.2019, directed the petitioning students to appear before the respondent- Registrar of RGUHS on 30.03.2019/01.04.2019 to comply with the directions of this court dated 11.09.2015 passed in W.P.Nos.36840-36885/2015 (Edn-Ad).
6. The learned counsel appearing for the respondent-Rajiv Gandhi University of Health Sciences, has filed a Memo along with the proceedings of the meeting held in the Chamber of the Registrar for verification of petitioning students of Soubhagya Lalitha College of Nursing, held on 1.4.2019 at 2.30 PM and the relevant paragraphs of the same reads thus:
“ The Admission Registers maintained by both the colleges which have been subjected for verification already once, were verified again for the names of the Petitioner students. The details like name of the student, name of parents, date of birth, address shown, school/college previously studied, photo, fee paid details and other details were verified. The photo identity cards like Aadhar card/Voter ID/Driving licence etc were cross verified with that of the photo in the Admission Register and found correct.
The photocopies of the Admission Register, Attendance Extract and the ID cards are enclosed.”
7. In view of the aforesaid, the eligibility of the petitioning students for approval of the admission to PB.BSC., (Nursing) course being in order, the respondent-Rajiv Gandhi University of Health Sciences is directed to approve the admissions of the petitioning students 2 to 14 and to declare results for the 2nd year PB.BSC., (Nursing) examination to which they were permitted to appear for the examinations by virtue of the interim order passed by this court.
With the aforesaid observations and directions, Writ Petitions stand disposed off.
Sd/- JUDGE cbc