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Judgment
P. Krishna Bhat, J
The petitioners in both the petitions wanted to start B.Sc. Nursing Course in their respective Colleges and made application under Section 45 of the Rajiv Gandhi University Of Health Sciences Act, 1994, to respondent No.2-University.
By its letter dated 7-12-2020 (Annexure-D to Writ Petition No.2876 of 2022 and Annexure-C to Writ Petition No.1748 of 2022), respondent No.2-University informed respondent No.1 as follows:
“With reference to the above, I am directed to forward the application received from St. Joseph’s Academy of Nursing, Bengaluru Rural (in Writ Petition No.2876 of 2022) and from Kalpatharu College of Nursing, Belthangady (in Writ Petition No.1748 of 2022) to start fresh B.Sc. Nursing course for the academic year 2020-2021.
Syndicate in its meeting held on 24.11.2020 has resolved to recommend for Fresh B.Sc. Nursing course with an intake of 40 (Forty) seats from the academic year 2020-2021.
One set of the original application and a statement showing the report of the LIC and the decision of the Committee of Academic Council and Syndicate are enclosed and forwarded for your information and needful action.
Receipt of this letter may please be acknowledged.”
The grievance of the petitioners in both the petitions is that in spite of lapse of more than fifteen months, respondent No.1 has not taken any decision on the same and since they have already invested huge amount for putting up necessary constructions for starting the Colleges, they are put to great hardship and financial loss. Now, they have sought a direction from this Court to respondent No.1 to take decision on the letter dated 7-12-2020 sent by respondent No.2-University and enable them to start the College.
Learned Additional Government Advocate submits that it is no doubt true that some delay has been occurred in taking decision and respondent No.1 will now take a decision on the recommendation made by the University within a reasonable time.
In that view of the matter, the petitions are allowed with a direction to respondent No.1 to take decision on the letter dated 7-12-2020 (Annexure-D to Writ Petition No.2876 of 2022 and Annexure-C to Writ Petition No.1748 of 2022) on or before 29-3-2022 and to inform its decision to the petitioner in both the petitions immediately thereafter.