IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.21590/2019 (EDN – RES) BETWEEN :
SMT.VANI S., W/O RAJASHEKAR B., AGED ABOUT 35 YEARS SRI BASAVESWARA INSTITUTE OF PARAMEDICAL SCIENCES, TIPTUR, TUMKUR DISTRICT-572202 ...PETITIONER (BY SRI JAGADEESHACHARI, ADV.) AND :
1. STATE OF KARNATAKA BY ITS SECRETARY, PARAMEDICAL BOARD, NO.40/20A, LAKSHMI COMPLEX, FIRST FLOOR, OPP: VANIVILAS HOSPITAL, FORT, BANGALORE-560002 2. THE SPECIAL OFFICER KARNATAKA NURSING AND PARAMEDICAL BOARD, REGULATORY AUTHORITY (ACT 2012), PARA MEDICAL BOARD, BANGALORE-560002 3. THE PRINCIPAL SRI BASAVESWARA INSITUTE OF PARA MEDICAL SCIENCES, KHB COLONY, TIPTUR, TUMKUR DISTRICT-572202 …RESPONDENTS (BY SRI PRAMODHINI KISHAN, AGA FOR R-1; SRI YOGESH D. NAIK, ADV. FOR R-2; R-3 SERVED.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 & 2 TO CONTINUE THE PETITIONER FOR CMLT COURSE FOR 3 YEARS UNDER THE R-3 BY CHANGING CHI TO CMLT AND PERMITTED TO APPEAR FOR THE CLASSES AND TO ACCEPT THE EXAMINATION FEES BY WAY OF WRIT OF MANDAMUS.
THIS PETITION 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 petitioner has sought for a direction to the respondent Nos.1 and 2 to approve the change of course from CHI to CMLT as sought by the petitioner inter alia seeking for other consequential reliefs.
3. The petitioner is claiming to be a student admitted to the course of Health Inspector (CHI) under the 3rd respondent. After one year, the petitioner requested the 3rd respondent for change of course to CMLT (Course of Medical Laboratory Technology). However, the same has been rejected on the ground that the representation of the petitioner was submitted on 17.1.2019, by the 3rd respondent beyond the date fixed in the Notification dated 27.11.2018 by the respondent No.1. Hence, this writ petition.
4. Learned AGA appearing for respondent No.1 would submit that the time schedule fixed under the Notification dated 27.11.2018 for change of course and change of college has to be strictly adhered to. In view of the same, the petitioner’s request was rejected relating to the academic year 2018-19, but the same may be considered by the respondent No.1-Board for the academic year 2019-20 provided the petitioner makes the representation well within the time fixed for submission of such request.
5. In view of the aforesaid, this Court is of the considered opinion that the interest of justice would be met in directing the petitioner to make a representation to the respondent No.1-Board well within time to take change of course to facilitate the Board to consider the request of the petitioner in terms of the Regulations relating to the academic years 2019-20. If any fees paid already along with the request made on 17.1.2019, if not refunded by the respondent Nos.2 and 3, the same shall be adjusted towards the fees to be paid with the representation for the academic year 2019-20.
With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/- JUDGE Dvr: