IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.41810-41814 OF 2016 (GM-RES) BETWEEN:
1. SUNITHA MAHILA MANDALI HOUSING BOARD COLONY MIG, 2ND STAGE, MANDYA REPRESENTED BY ITS SECRETARY SMT. C. PANKAJAKSHI AGED 57 YEARS W/O. LATE B. KRISHNAIAH R/O. MYSORE.
2. SPANDANA INSTITUTE OF ANM NURSING 2ND FLOOR, SPANDANA HOSPITAL MANGALORE ROAD KARKALA-574 104 REPRESENTED BY ITS MANAGING TRUSTEE.
3. SYED BAREY EDUCATIONAL AND CHARITABLE TRUST GULBARGA REPRESENTED BY ITS PRESIDENT.
4. P.V.S.A.N.M. SCHOOL THURUVANUR ROAD CHITRADURGA-577 501 REPRESENTED BY ITS SECRETARY 5. KRISHNA EDUCATIONAL CHARITABLE TRUST KIRIYA MAHILA AROGYA SAHAYAKIYARA TRAINING INSTITUTE RAJAKIRANA BUILDING GENERAL CARIYAPPA ROAD NEAR RURAL POLICE STATION K.R. EXTENSION TUMKUR-572 101. …PETITIONERS (BY SRI K.C. SHANTAKUMAR, ADV. - ABSENT) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT M.S. BUILDING VIDHANA VEEDHI BANGALORE-560 001.
2. THE COMMISSIONERATE FOR HEALTH AND FAMILY WELFARE SERVICES BANGALORE-560 009 REPRESENTED BY ITS COMMISSIONER.
3. THE INDIAN NURSING COUNCIL COMBINED COUNCIL BUILDING KOTLA ROAD, TEMPLE STREET NEW DELHI-110 002 REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI Y.D. HARSHA, A.G.A. FOR R1 AND R2; SRI SHIVARUDRA, ADV. FOR R3 - ABSENT) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO OBJECTIVELY AND DISPASSIONATELY CONSIDER THE REPRESENTATIONS DATED: 20.04.2016 VIDE ANNEXURE-F AND DATED: 15.06.2016 VIDE ANNEXURE-G RESPECTIVELY WITHOUT BROOKING ANY FURTHER TIME IN THE MATTER, AND KEEPING IN VIEW THE URGENCY OF THE SITUATION THAT THE ACADEMIC YEAR 2016-17 FOR RUNNING ANM PROGRAMME WOULD COMMENCE SHORTLY.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None appear for the petitioners.
Sri Y.D. Harsha, learned Additional Government Advocate for respondents No.1 and 2.
2. Heard the learned Additional Government Advocate for respondents No.1 and 2 on the question of admission and perused the records.
3. In these petitions under Article 226 of the Constitution of India, the petitioners inter alia seek a writ of mandamus to first respondent to consider the representations dated 20.04.2016 and 15.06.2016 contained in Annexures-F and G respectively in a time bound manner.
4. When the matter was taken up for consideration today, learned Additional Government Advocate for respondents No.1 and 2 submitted that, in case such representations are still pending before the first respondent, the same will be dealt with in accordance with law as per the existing policies.
5. In view of the aforesaid submission and in the facts of the case, I deem it appropriate to dispose of the writ petitions with a direction to the first respondent to consider and decide the representations contained in Annexures-F and G dated 20.04.2016 and 15.06.2016 in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE ST