IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE RAM MOHAN REDDY

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1 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 6 TH DAY OF AUGUST 2012 BEFORE THE HON BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NO OF 2012(EDN-AD) C/W WP NOS , , AND OF 2012(EDN-AD) WP NO 26073/12 BETWEEN MISS. RAMYA BALAN D/O BALAN AGED ABOUT 19 YEARS PETITIONER IS THE STUDENT OF I YEAR GNM COURSE IN M H SCHOOL OF NURSING RAMNAGARA PETITIONER (By Sri. N AMARESH, ADVOCATE) AND 1 KARNATAKA STATE NURSING COUNCIL REP. BY ITS REGISTRAR GANDHINAGAR BANGALORE THE SECRETARY MEDICAL EDUCATION VIKASA SOUDHA BANGALORE.

2 2 3 M H SCHOOL OF NURSING RAMNAGARA REP BY ITS PRINCIPAL.... RESPONDENTS (By Sri. SHIVARUDRA, ADVOCATE FOR R1 & 3 SRI. N B VISWANATH, AGA FOR R2 ) WP NOS OF 2012 BETWEEN 1. MISS N KANAGAVALLI D/O NATARAJAN AGED 19 YEARS 2 D. KALAISELVI D/O M. DURAI AGED 20 YEARS 3 MISS. P. PETHIAMMAL D/O PERUMAL AGED 21 YEARS 4 MISS. S. VIJAYALAKSHMI D/O S.SHANMUGAIAH, AGED 18 YEARS 5 MISS. I. RAJESWARI D/O IYYAPPAN, AGED 18 YEARS PETITIONERS 1 TO 5 ARE STUDENTS OF I YEAR GNM COURSE IN NIGHTINGALE SCHOOL OF NURSING GURUVANNA DEVARA MUTT NEAR BINNYSTON GARDEN, MAGADI ROAD, BANGALORE PETITIONERS (By Sri. N AMARESH, ADVOCATE ) AND

3 3 1. KARNATAKA STATE NURSING COUNCIL REP. BY ITS REGISTRAR GANDHINAGAR BANGALORE THE SECRETARY MEDICAL EDUCATION VIKASA SOUDHA BANGALORE. 3. NIGHTINGALE SCHOOL OF NURSING GURUVANNA DEVARA MUTT NEAR BINNYSTON GARDEN, MAGADI ROAD, BANGALORE-23 REP BY ITS PRINCIPAL.... RESPONDENTS (By Sri. SHIVARUDRA, ADVOCATE FOR R1 & 3 SRI. N B VISWANATH, AGA FOR R2 ) WP Nos /12 BETWEEN 1. MISS VINOTHINI A D/O ARMUGAM G AGED ABOUT 19 YEARS 2. MISS VALLIYAMMAL D D/O DEVRAJ Y AGED ABOUT 19 YEARS 3. MISS MONISHA S E D/O S ELUMALAI AGED ABOUT 19 YEARS 4. MISS NAGAJYOTHI S D/O SUBRAMANI AGED ABOUT 21 YEARS BANGALORE VAITHISWARI S A D/O S ANANDAN

4 4 AGED ABOUT 18 YEARS 6. RAMYA G D/O GNANAPRAKASHAM AGED ABOUT 18 YEARS PETITIONERS ARE STUDENTS OF I YEAR GNM COURSE IN NAVANEETHAM SCHOOL OF NURSING 132/1, 5TH CROSS, P & T LAYOUT HORAMAVU, BANASWADI BANGALORE PETITIONERS (By Sri. N AMARESH, ADVOCATE ) AND 1. KARNATAKA STATE NURSING COUNCIL REP. BY ITS REGISTRAR GANDHINAGAR BANGALORE THE SECRETARY MEDICAL EDUCATION VIKASA SOUDHA BANGALORE. 3. NAVANEETHAM SCHOOL OF NURSING 132/1, 5TH CROSS, P & T LAYOUT HORAMAVU, BANASWADI BANGALORE REP BY ITS PRINCIPAL.... RESPONDENTS (By Sri. SHIVARUDRA, ADVOCATE FOR R1 & 3 SRI. N B VISWANATH, AGA FOR R2 ) WP NOS OF 2012 BETWEEN 1. MISS BENITTA Y D/O YESUPATNAM

5 5 AGED 18 YEARS, 2. MISS HAMARNISHA N D/O NASSRUDIN AGED 20 YEARS, 3. KAYALVIZHI K D/O KATHIRESON AGED 19 YEARS, 4. KEERTHANA S D/O SREENIVASAN AGED 18 YEARS, 5. MISS NITHYA L D/O LAZAR AGED 18 YEARS, 6. PUNITHA A D/O ARUL JOTHI AGED 19 YEARS, 7. MISS VIRUVASA BABY HELENA G D/O GNANA PRAGASAN AGED 20 YEARS, PETITIONERS ARE STUDENTS OF 1 YEAR GNM COURSE IN SRI VENKATESHWARA SCHOOL OF NURSING. 98, MARUTHI INDUSTRIAL ESTATE, 10TH MAIN, 4TH PHASE, PEENYA II STAGE, BANGALORE PETITIONERS (By Sri. N AMARESH, ADVOCATE ) AND 1. KARNATAKA STATE NURSING COUNCIL REP. BY ITS REGISTRAR GANDHINAGAR BANGALORE

6 6 2. THE SECRETARY MEDICAL EDUCATION VIKASA SOUDHA BANGALORE. 3. NIGHTINGALE SCHOOL OF NURSING GURUVANNA DEVARA MUTT NEAR BINNYSTON GARDEN, MAGADI ROAD, BANGALORE REP BY ITS PRINCIPAL.... RESPONDENTS (By Sri. SHIVARUDRA, ADVOCATE FOR R1 & 3 SRI. N B VISWANATH, AGA FOR R2 ) WP NO OF 2012 BETWEEN 1. VENKATESAN K S/O KUPPAN AGED 19 YEARS STUDENT OF I YEAR GNM COURS IN DHANVANTRI SCHOOL OF NURSING, NO.41/3, VINAYAKA NAGAR, HESARAGHATTA ROAD, CHIKKABANAVARA, BANGALORE MISS SHIBITHA S. D/O SELVARAJ Y AGED 18 YEARS STUDENT OF I YEAR GNM COURS IN DHANVANTRI SCHOOL OF NURSING, NO.41/3, VINAYAKA NAGAR, HESARAGHATTA ROAD, CHIKKABANAVARA, BANGALORE PETITIONERS (By Sri. N AMARESH, ADVOCATE ) AND

7 7 1 KARNATAKA STATE NURSING COUNCIL REP. BY ITS REGISTRAR GANDHINAGAR BANGALORE THE SECRETARY MEDICAL EDUCATION VIKASA SOUDHA BANGALORE. 3 DHANVANTARI SCHOOL OF NURSING NO.41/3, VINAYAK NAGAR, HESARAGHATTA ROAD, CHIKKABANAVARA BANGALORE-90 REP BY ITS PRINCIPAL.... RESPONDENTS (By Sri. SHIVARUDRA, ADVOCATE FOR R1 & 3 SRI. N B VISWANATH, AGA FOR R2 ) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE FIRST REPSONDENT TO APPROVE THE ADMISSIONS OF THE PETITIONERS TO THE I YEAR GNM COURSE; AND ETC. THESE WRIT PETITIONS ARE COMING ON FOR PRL.HEARING THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R Petitioners who passed the X Std examination and two year vocational course in institutions recognized by the Tamil Nadu Higher Secondary Board having made applications for admission to GNM (General Nursing and Midwifery) course in the respondent-college for the

8 8 academic year , have presented these petitions for a writ of mandamus to the 1st respondent to approve their admissions to the 1st year GNM Course and to direct the 1st respondent to forward the list of students to the Nursing Examination Board to enable the petitioners to appear for the First year GNM course examination scheduled in the near future. 2. Heard the learned counsel for the parties and perused the pleadings. There is no dispute that the Indian Nursing Council, in exercise of its power under the Indian Nursing Council Act, 1947 published a syllabi and regulations prescribing the terms and conditions for admission of candidates to three year GNM course which includes the minimum educational requirement of 12 years in schooling. In other words, minimum academic qualification is a pass in 12th class examination or its equivalent. The Karnataka State Nursing Council established under the Karnataka

9 9 Nurses, Midwives and Health Visitors Act, 1961 mandates the registration of Nurses, Midwives and Health Visitors consisting of such numbers and divided into such parts as prescribed. Examination for those admitted to undergo a course in general nursing and midwifery is conducted by the Karnataka Nursing Examination Board which examines the eligibility of candidates admitted to the course and permits those eligible to appear. 3. The question whether the qualification secured by the petitioners can be said to be a 12th Std. prescribed by the Karnataka Nursing Council, essential for admission to the nursing course as since conceded by the 1st respondent-karnataka Nursing Council in the light of the admissions approved in the previous academic year in respect of students who possessed the 10 year schooling + two years of vocational course in Tamil Nadu. If that is so, there can

10 10 be no discrimination over the claim of the petitioners for similar such treatment at the hands of the 1st respondent. 4. Learned counsel for the parties submit that the relief sought for is fully covered by a decision of a learned Single Judge in W.P. Nos /2012, in the case of Sri.Vagdevi School of Nursing and Others vs. Karnataka State Nursing Council and Another, disposed on Shri.Shivarudra, learned counsel for the Karnataka State Nursing Council does not oppose the submission. For the very same reason as are set-out in the aforesaid order, these petitions are accordingly allowed. 6. In the result, the petitions are allowed in terms of the order dated , in W.P /2012 extracted below:

11 11 6. On hearing the learned Advocates, I pass the following order: i) The respondent no.1 shall examine whether the first petitioner has all the statutory clearances to run the GNM Course. ii) iii) iv) The respondent no.1 shall also examine whether the petitioner nos.2 to 61 meet the eligibility criteria in all other respects for being admitted to the GNM Course. The respondent no.1 shall also examine whether the admission has taken place within the prescribed last date. If the respondent no.1 is satisfied that the petitioner no.1 has all the statutory clearances and the petitioner nos.2 to 61 have all the eligibility and if the admissions are made before the prescribed last date, the respondent no.1 is directed to accord approval to the admissions of the petitioner nos.2 to 61. It shall not reject the approval only on the ground of delay in submitting the admission list. v) For not adhering to time schedule in the matter of submission of admission list, the first petitioner is directed to pay the late fees / penalty at the rate of Rs.1,000/- per student. It shall pay Rs.60,000/- to the first respondent. It is made clear that the said amount shall

12 12 not be collected from the petitioner Nos.2 to 61. The amount of penalty has to be borne by the first petitioner alone. vi) On the petitioner no.1 paying the penal amounts and on the respondent no.1 satisfying itself of the first petitioner s entitlement to admit the students and the petitioner nos.2 to 61 meeting the eligibility criteria, if the respondent no.1 approves the admissions of the petitioner nos.2 to 61, the same shall be intimated to the respondent no.2 immediately so as to enable the petitioning students to appear for the forthcoming GNM Examination. Sd/- JUDGE ln

Government of Jammu and Kashmir Home Department Subject:-

Government of Jammu and Kashmir Subject:- Order dated 21.08.2009 of the Hon'ble High Court of J&K passed in SWP No 756/2004,CMP No 815/2004 titled Shabir Ahmad and others Vs State and others. Government