Principal M.A.J. School of Nursing and Others vs The Registrar Karnataka State Nursing Council and The Secretary Karnataka State Diploma in Nursing Examination Board

S. Abdul Nazeer, J.—The first petitioner is the Nursing School and petitioner Nos. 2 to 35 are the students admitted to the School for the study of 1st year Diploma in General Nursing and Midwifery Course (for short ''Diploma in GNM course'') for the academic session 2012-13. After the completion of one year of study, the respondents did not permit petitioner Nos. 2 to 35 to appear for the annual examination. Therefore, the petitioners have filed these writ petitions for a direction to the respondents to permit petitioner Nos. 2 to 35 to appear for the examination of 1st year Diploma in GNM course, which had commenced on 23.9.2013. This Court granted interim order directing the respondents to permit the petitioners to appear for the examination subject to the result of the writ petitions. Accordingly, petitioner Nos. 2 to 35 have appeared for the examination.

Learned counsel for the petitioners submits that petitioner Nos. 2 to 35 were admitted for the study of 1st year Diploma in GNM course for the academic session 2012-2013. After completion of one year course, when the College has submitted the statement of admissions to the Karnataka State Nursing Council, the list was not accepted by the first respondent on the ground that it has been submitted after the prescribed period. Consequently, the second respondent being the examining body, did not permit them to appear for the examination. It is argued that in identical matters, the Circuit Bench of High Court of Karnataka at Gulbarga in W.P. No. 103014/2013 and other connected matters disposed of on 18.9.2013, has directed the respondents to permit the petitioner-students therein to appear for the examination subject to certain conditions.

On the other hand, learned Advocates appearing for the respondents submit that the 1st petitioner-School has not conducted the course in accordance with the relevant Regulations. It has not submitted the list of admitted students according to law. The first respondent has not approved their admission. That is why the second respondent has not permitted them to appear for the examination.

I have carefully considered the arguments of the learned counsel made at the Bar and perused the materials placed on record.

It is not in dispute that the approving authority of admission of the students to the 1st year Diploma in GNM course is the Karnataka State Nursing Council. The contention of the respondents is that petitioner Nos. 2 to 35 have not been admitted to the course in question in accordance with the relevant Regulations. Therefore, the Karnataka State Nursing Council has to consider the approval of admission of the petitioner-students. It is only after the approval of the admission of the students, the second respondent has to declare the result of the examination taken by them pursuant to the interim order. The Gulbarga Circuit Bench of this Court in W.P. No. 103014/2013 and connected matters disposed of on 18.9.2013 has directed the petitioner-Colleges to submit the list of students along with necessary documents with penalty at the rate of Rs. 1,000/- per student to the Karnataka State Nursing Council on or before 19.09.2013. There is a serious dispute with regard to the submission of the list of students for approval by the first respondent. The contention of the first petitioner-School is that it has submitted the list of students to the first respondent-Nursing Council belatedly. In order to avoid this controversy, it is just and proper for the 1st petitioner to submit fresh list of admitted students for approval. In the light of the order of this Court in W.P. No. 103014/2013 and other connected matters disposed of on 18.9.2013, similar amount of penalty has to be deposited by the 1st petitioner for consideration of the approval of admission. In the light of the above discussion, I pass the following:

ORDER

i) The first petitioner-Nursing School is directed to submit a fresh list of students admitted by it to the course in question for the academic year 2012-2013 along with necessary documents with penalty at the rate of Rs. 1,000/- per student to the first respondent-Nursing Council on or before 29.10.2013.

ii) On receipt of the list as'' above, the first respondent is directed to consider the approval of admission of the petitioner-students in accordance with law within a period of 15 days from the date of receipt of the list.

iii) The first respondent is directed to send the approved list of students to the second respondent immediately thereafter.

iv) The second respondent is directed to declare the result of the examination taken by the petitioner-students, whose admission is approved by the first respondent.

v) Writ petitions are accordingly disposed of.

No costs.