High CourtsSingle Bench(2023) 12 KAR CK 0069

S.S. School Of Nursing, Kamasamudra Village, Bangarpet Taluk, Kolar - 563219, Represented By Its Principal Smt. Sanatombi Ahongshangbam & Others vs Registrar, Karnataka State Nursing Council, No.71, Nightingale Towers, A Street, 6th Cross, Near Movieland Theater, Gandhinagar, Bengaluru � 560009

Karnataka High Court · Decided on 28 December 2023

HON’BLE JUDGES
M.G.S. Kamal, J
RESULT
Partly Allowed
CASE NUMBER
Writ Petition No. 29096 Of 2023 (EDN-RES)

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Judgment

11 paragraphs · 450 words

M.G.S. Kamal, J

1.

Petitioners are before this court seeking issuance of writ in the nature of Mandamus directing respondents No.2 and 3 to issue hall tickets to petitioners No.2 to 12 enabling them to appear for the annual examination of General Nursing and Midwifery (GNM) scheduled by respondent No.2 as per Annexure - A dated 04.12.2023.

2.

Petitioners No.2 to 12 claim to be the students admitted in the first petitioner-institution for the course of Diploma in General Nursing and Midwifery (GNM) for the academic year 2022 - 2023. Admittedly, petitioner No.1 has been permitted by the respondent-authorities to take 50 students for the said academic year. Case of the petitioners is that due to some clerical/technical error, the names of the petitioners, though who were registered within the time stipulated for admission, have not been informed/uploaded resulting in their names having been excluded and they having been deprived of hall tickets enabling them to take up the ensuing exam. It is this fact situation of the matter which has constrained the petitioners to be before this Court.

3.

Sri. Sudharsan Suresh, learned counsel appearing for respondents No.2 and 3 fairly submits that the petitioners would be issued hall tickets and be permitted to take up the ensuing exam provided that they were registered/admitted for the academic year 2022-2023 before the cut off date and further they formed part of 50 students limit permitted by respondent-authorities and subject to verification of records regarding their admission.

4.

In response, learned counsel for the petitioners submit that the petitioners were indeed admitted much prior to the stipulated date and they do come within the limit of 50 students permitted by the respondent-authorities. He further submits that the first petitioner-institution would co-operate in furnishing all the records as may be required by the respondent-authorities enabling them to issue hall tickets to petitioners 2 to 12 as sought for.

5.

The submissions of learned counsel for petitioners and respondents are taken on record.

In view of the aforesaid admitted facts, this Court do not see any purpose in retaining the petition. Hence, the following:

ORDER

I. Writ petition is partly allowed.

II. Respondents No.2 and 3 shall permit petitioners No.2 to 12 to take up the ensuing exam by issuing the hall tickets provided that they were registered/admitted for the academic year 2022-2023 before the cut off date and further they formed part of 50 students limit permitted by respondent-authorities and subject to verification of records regarding their admission.

III. Such exercise shall be undertaken by respondents No.2 and 3 and appropriate decision including issuance of hall tickets if found eligible shall be taken and communicated to the petitioners on or before 01.01.2024.