IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 BEFORE THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.17561 OF 2010 (S-RES) BETWEEN:
SMT. SUNANDAMMA M., W/O MAHESH AGED ABOUT 33 YEARS R/AT, KALANHUNDI GRAMA AND POST CHAMRAJNAGAR TALUK AND DISTRICT ... PETITIONER (BY SMT.G.M. SUMITHRA, ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS SECRETARY M.S. BUILDING SOCIAL WELFARE DEPARTMENT VIDHANA SOUDHA BANGALORE – 560 001 2. THE COMMISSIONER SOCIAL WELFARE DEPARTMENT BANGALORE 3. THE CHIEF SECRETARIAT ZILLA PANCHAYAT ADMINISTRATIVE BHAVAN CHAMRAJNAGAR DISTRICT CHAMRAJNAGAR 4. THE DISTRICT SOCIAL WELFARE OFFICER ADMINISTRATIVE BHAVAN CHAMRAJNAGAR DISTRICT CHAMRAJNAGAR ... RESPONDENTS (BY SMT. H.C.KAVITHA, HCGP.,) THIS WRIT PETITION IS FILED UNDER ARTICLES OF 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING:
TO QUASH THE ORDER DT.16.09.09, VIDE ANN- A REJECTING THE APPLICATION OF THE PETITIONER APPLIED FOR NURSING TRAINING.
DIRECT THE R4 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DT.01.10.09 VIDE ANN-A & DIRECT THE RESPONDENTS TO PERMIT THE PETITIONER TO TAKE NURSING TRAINING.
THIS PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Applications were invited by respondent No.4 by issue of a Notification dated 28.07.2009 for making admission to ‘GNM Nursing Course for the Academic Year 2009-10’. The petitioner having submitted application was called for the interview. As the petitioner failed to submit the essential document – Transfer Certificate, finding that there is break in education and as such she is not qualified to get selected and admitted to the Course, the endorsement as at Annexure-A was issued. Assailing the said endorsement, this petition was filed.
2. Statement of objections was filed by respondent No.4 in justification of the decision arrived at with regard to non selection / admission of the petitioner to the aforesaid course.
As the period of course for which the petitioner applied has elapsed long ago, no useful purpose would be served by deciding the petition on its merit. The petition as of now is merely of academic interest and hence stands disposed of as not surviving for consideration, with liberty reserved to the petitioner to apply in future to the GNM Nursing Course, when applications are invited by the competent authority.
Sd/-
JUDGE GH