Harsha College of Nursing and Others vs The Registrar The Rajiv Gandhi University Of Health Sciences and State of Karnataka

N.K. Patil, J.—In the instant cases, the petitioners have sought for a writ in the nature of mandamus directing the first respondent to approve the admissions of the petitioners 2 to 6 for the academic year 2013-14 for M.Sc. Nursing Course and to direct the second respondent to permit the petitioners 2 to 6 to appear for the forthcoming examination of M.Sc. Nursing commencing on 13th May 2014.

Learned Government Pleader appearing for respondent No. 2 submitted that the examinations have already commenced at 9.00 a.m. today. Further she submitted that if a direction is issued by this Court at this stage, to consider the relief sought for by the petitioners, it would be very difficult for the respondents to comply with the said order, for the reason that the first respondent is supposed to scrutinize the admission papers of the petitioners 2 to 6 and thereafter if they are found eligible, has to make provision for Centre of appearance for such examination, and issue appropriate direction to the concerned Principal of the Institution to permit the candidate to appear in the examination. Therefore, the writ petitions filed by the petitioners are liable to be dismissed as misconceived.

The submission made by the learned Government Pleader, as stated supra, is placed on record.

I have gone through the grounds urged in the Writ Petitions.

After going through the grounds urged by the petitioners in these writ petitions and also the prayers sought, it emerges that the examinations of M.Sc. have already commenced today, at 9.00 A.M. and therefore, the question of issuing a direction to respondent No. 2 to permit the petitioners 2 to 6 to appear for remaining examination at this eleventh hour, does not arise. It is significant to note that Respondent No. 1 is the competent authority to approve admission of petitioners 2 to 6 and permit them to appear for the examination and not the second respondent. Taking into consideration all these relevant factors, the relief sought for by the petitioners in these petitions is misconceived.

Therefore, the writ petitions are dismissed as devoid of merit. However, liberty is reserved to the petitioners to move the matter before respondent Nos. 1 & 2 for redressal of their grievances if they are so advised or need arise.