High CourtsSingle Bench(2016) 01 KAR CK 0008

Vijaya Fakeerappa Chalajari and others vs Director, Karnataka Nursing Council

Karnataka High Court · Decided on 4 January 2016 · Citation: (2016) 2 SLR 599

HON’BLE JUDGES
B. Veerappa, J.
RESULT
Disposed Off
CASE NUMBER
Writ Petition Nos. 111496-500 of 2014 (EDN-EX)

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Judgment

8 paragraphs · 621 words

B. Veerappa, J.—The petitioners, who are the students of Auxiliary Midwife Course (AMC) in the third respondent college in the year 2011-12, are before this Court for a writ of certiorari to quash the impugned order dated 19.11.2014 passed by the respondent No.3 vide Annexure-D and also writ of mandamus to direct the respondents to permit the petitioners to appear for final year examination to be conducted on 24.11.2014.

2.

According to the petitioners, they have appeared for the first year examination in June 2012 and failed in two subjects and again appeared for supplementary examination conducted in November 2012 and failed in two subjects. Though the petitioners have attended the entire course, they have not been able to successfully complete the course, since the second respondent - Project Director has not conducted the first year examination for the students of 2011-12 batch, who could not to pass the subjects.

3.

In spite of several representations made by the petitioners to the third respondent - Principal, to permit them to appear for remaining subjects of the first year, they have not been permitted. Therefore, the petitioners were constrained to approach this Court in W.P.No. 106383/2014 and the connected matters. This Court after hearing both the parties, by its order dated 19.08.2014, issued a direction to the second respondent to consider the communication addressed by the Principal of the third respondent - College dated 23.06.2014, in accordance with law and in an expeditious manner within a period of one month from the date of receipt of copy of the order.

4.

It is further case of the petitioners that, as per the letter of the respondent No.4 dated 13.09.2014, all the students who have joined the course in the year 2008-09 and 2012-13 and who have not been able to clear examination, should be given an opportunity to appear for the examination and to complete the course. As per the said letter, the respondents are conducting the first year and final examination from 24.11.2014. Therefore, the petitioners have requested the respondents, particularly respondent No.3, to permit them to appear for the final examination and the same was rejected by the impugned order dated 19.11.2014. Therefore, they are before this Court for the relief sought for.

5.

During the pendency of these proceedings, this Court by an interim order dated 21.11.2014, permitted the petitioners to appear for the final examination, which was scheduled to be held on 24.11.2014, subject to the result of the writ petitions. Yet another interim order was passed by this Court 05.11.2015 directing the respondents to announce the first year results and to permit the petitioners to appear for viva-voce by issuing the original admission tickets, since the Xerox copies of the admission tickets were already issued to the petitioners to appear for vivo-voce, and thereafter to the results.

6.

In view of the interim orders passed by this Court stated supra, it is stated by both the learned Counsel for the parties across the bar, that the results have been declared. Smt. K. Vidyavathi, learned AGA, filed memo along with the documents, stating that in pursuance of the interim orders passed by this Court, the petitioners have been permitted to appears for the examination and the results are also announced and all the petitioners have passed both first year and final year examination. The said statement is placed on record.

7.

In view of the relief sought for and the interim orders passed by Court stated supra, in view of the subsequent events as stated above, the prayers in these writ petitions does not survive for consideration. However, the respondents are directed to announce the results in accordance with law.

8.

Accordingly, the writ petitions are disposed of.