WP NOS /2012 (EDN-REG-P)

Transcription

1 - 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 4 TH JANUARY 2013 BEFORE THE HON BLE MR. JUSTICE HULUVADI G.RAMESH BETWEEN WP NOS /2012 (EDN-REG-P) 1.CHRISTIAN COLLEGE OF NURSING NO.1621, HBR LAYOUT, OPP. BTS-10TH DEPOT HENNUR MAIN ROAD, BANGALORE , BY ITS PRINCIPAL MRS. BLOSSOM MARIAM. 2.NAIR ANNOJA ACHUTHAN AGED ABOUT 29 YEARS, D/O. ACHUTHAN NAIR, M.SC. NURSING (PSYCHIATRIC) STUDENTS, OF CHIRISTIAN COLLEGE OF NURSING NO.1621, HBR LAYOUT, OPP. BTS-10TH DEPOT, HENNUR MAIN ROAD, BANGALORE 3.SHINY K.C AGED ABOUT 35 YEARS, D/O. K.S. CHACKO, M.SC. NURSING (PSYCHIATRIC) STUDENTS, OF CHIRISTIAN COLLEGE OF NURSING NO.1621, HBR LAYOUT, OPP. BTS-10TH DEPOT, HENNUR MAIN ROAD, BANGALORE 4.NAGSHEN TARE AGED ABOUT 28 YEARS, S/O NANDIV RAO TARE

2 - 2 - M.SC. NURSING (PSYCHIATRIC) STUDENTS, OF CHIRISTIAN COLLEGE OF NURSING NO.1621, HBR LAYOUT, OPP. BTS-10TH DEPOT, HENNUR MAIN ROAD, BANGALORE.... PETITIONERS (BY SRI E V GOPALAKRISHNAN POTTY, ADV.) AND 1.THE REGISTRAR RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH T-BLOCK, JAYANAGAR, BANGALORE 2.THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, MEDICAL EDUCATION DEPARTMENT, BANGALORE.... RESPONDENTS (BY SRI N K RAMESH, ADV. FOR R1, SRI N.B. VISHWANATH, AGA FOR R2.) ***** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES TO GIVE AFFILIATION TO M.SC NURSING PSYCHIATRICS FOR THE ACADEMIC YEAR

3 - 3 - THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT PASSED THE FOLLOWING: - O R D E R The Petitioners have sought for a direction to the second respondent to grant Affiliation to the 1 st petitioner - Christian College of Nursing for M.Sc., Nursing in Psychiatrics, as per law, for the Academic year First Petitioner is an Educational Trust, said to be running Nursing College by name Christian College of Nursing. The first petitioner College Campus is situated at No.1621, HBR Layout, Hennur Main Road, Bangalore Petitioners 2 to 4 are the students who have been admitted to M.Sc., Nursing in Psychiatrics. First petitioner is said to have applied for granting permission for affiliation to M.Sc., Nursing in

4 - 4 - Psychiatrics and the first respondent Rajiv Gandhi University of Health Sciences, in-turn, has recommended to the Government for grant of affiliation as per letter dated vide Annexure-A. Indian Nursing Council, New Delhi is said to have granted permission for admission of 16 seats for M.Sc., (Nursing) i.e., 4 seats in M.Sc., (Medical Surgery), 3 seats in M.Sc., (Paed), 3 seats in CHN, 3 seats in OBG and 3 seats in Psychiatrics for the academic year First petitioner admitted petitioners 2 to 4 for M.Sc., Nursing in Psychiatrics course. Petitioner No.1 submitted a list of students admitted for M.Sc., Nursing to the first respondent Rajiv Gandhi University along with the payment Challan on , for approval. The grievance of the petitioners is that the first respondent University has not considered the representation given by the petitioners as well as the list submitted for

5 - 5 - approval. The main ground urged by the learned counsel for the petitioners is that despite the affiliation granted by the Indian Nursing Council, the Government has not acted, which ultimately caused inconvenience to the students i.e., petitioners 2 to 4. Hence, this writ petition. 3. Heard and perused the documents. 4. According to the learned counsel for the respondent University, before granting permission for affiliation, the first petitioner has admitted the students which is impermissible. 5. The learned Government Advocate submits that petitioner No.1 has not furnished certain details required by the Government for granting approval and admissions have been made prior to the grant of affiliation.

6 May be there are differences between the first respondent college and the Government. First Petitioner is shown to have not furnished certain details called for by the Government. Pending approval, if the admissions of petitioners 2 to 4 have been made by the first petitioner, and if it is accepted as per the norms of the Indian Nursing Council and based on the recommendations of the first respondent University, it is for the State Government to seek necessary information and do the needful positively in accordance with law at the earliest. 7. With the aforesaid observations, the writ petitions stand disposed of accordingly. The second respondent State Government is directed to pass appropriate orders within one month from the date of receipt of copy of this order. It is submitted that petitioners 2 to 4 have appeared for

7 - 7 - the examination by virtue of the interim order. Hence, the results of the same has to be announced in accordance with law. Ordered accordingly. Sd/- JUDGE PL