Sangeetha vs State of Karnataka, Department of Pre University Education and Others

S. Abdul Nazeer, J.—The petitioners in all these cases had completed Pre-University course and joined the respondent - Colleges for the study of Diploma in General Nursing and Midwifery course for the academic session 2012-13. The Nursing Council did not approve their admission since they did not study II year regular PUC course. Therefore, the petitioners were discharged by their Colleges. Feeling aggrieved, the petitioners have filed these writ petitions seeking a direction to the Karnataka State Diploma in Nursing Council to approve their admission to the aforesaid course for the academic session 2012-13 and permit them to complete the course. I have heard the learned counsel for the parties.

Learned counsel for the petitioners would contend that the petitioners have done one year PUC course which is permitted by the State Government. The Karnataka State Diploma in Nursing Examination Board has issued a Circular dated 18.04.2012 prescribing the eligibility criteria for admission to the aforesaid course under which the students who have passed the Higher Secondary/Intermediate/Pre-University/10+2 examination in Science subjects in India conducted by the Board of Examinations as detailed in the list enclosed are permitted to join the course. Some of the petitioners have done Pre-University course in Arts and some of them in Commerce. Therefore, they are eligible for admission to the said course.

On the other hand, Sri. Shivarudra, learned Advocate appearing for the respondent - Nursing Council submits that a student joining the aforesaid course should have minimum education of 10 + 2.

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 State of Karnataka has permitted the students to study one year Pre-University course in Arts and Commerce subjects. The Circular dated 18.04.2012, prescribes the eligibility criteria as under:

4(a) The Principals should admit the students those who have passed the higher secondary/Intermediate/Pre-University/10+2 examination in Science subjects in India conducted by the Board of Examinations as detailed in the list enclosed. The students who have passed higher secondary/Intermediate examination with any other courses conducted by the other Board of examinations should not be admitted for 2012-2013.

It is evident from the Circular that a student, who has completed the Pre-University course is eligible for admission to the course in question. When a student joins a Pre-University course in Science, he has to undergo the course for two years The Regulations of the Nursing Council stipulates minimum education of 10+2 class. Having regard to the circular dated 18.4.2012, the Colleges have admitted the petitioners to the course in question. They have almost completed the first year course. In the circumstances, I am of the view that their admission requires to be regularized. Therefore, I pass the following:

ORDER

i) The notice issued by the Colleges to the petitioners directing them to take back their original academic records is hereby quashed.

ii) The Karnataka State Nursing Council is directed to approve the admission of the petitioners to the aforesaid course if they are otherwise eligible and permit them to appear for the ensuing examination and complete the course.

iii) Third respondent is directed to consider as to whether the eligibility criteria prescribed by the first respondent for admission to the course in question is in accordance with law. The first respondent has to modify the eligibility criteria in accordance with the decision of the 3rd respondent and admission has to be made in accordance with the said criteria.

iv) Liberty is also reserved to the Karnataka State Nursing Council to initiate appropriate actions against the erring colleges.

Writ petitions are accordingly disposed of. No costs.