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2025 Supreme(Online)(Kar) 36631

THE HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR
NOOR COLLEGE OF NURSING – Appellant
Versus
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES – Respondent
WP 17851/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 17851 OF 2025 (EDN-EX)

BETWEEN:

1. NOOR COLLEGE OF NURSING NO.5, NOOR BUILDING, BHOOPASANDRA MAIN ROAD, R.M.V. II STAGE, BENGALURU-560 094, REPRESENTED BY ITS PRINCIPAL/DEAN, MR. BHAGWAN SAHAY MANAGAL, S/O. MANGAL, AGED ABOUT 50 YEARS.

2. MR. WRITTIK SHIT S/O. KHOKAN SHIT, AGED ABOUT 25 YEARS, 3. MS. SHAMBHAVI D/O. DURUGAPPA, AGED ABOUT 25 YEARS, Digitally

4. MS. DEEPA. K. R.

signed by S/O. GOPINATHAN NAIR. S. R., MADHURI S AGED ABOUT 42 YEARS, Location :

High Court of 5. MS. SRILAKSHMI KUDIPUDI Karnataka D/O. SURYANARAYANA, AGED ABOUT 35 YEARS, 6. MS. GRACIE LOBO D/O. MARCEL LOBO.K, AGED ABOUT 52 YEARS, 7. MS. NEETU UPADHAYAY D/O. SANT RAM UPADHYAY, AGED ABOUT 32 YEARS, 8. MS. MANJUSHRI. K. A.

D/O. ANANDA GOWDA, AGED ABOUT 36 YEARS, 9. MR. LIBIN. T S/O. T. THASIYAN, AGED ABOUT 25 YEARS, 10. MR. JWEL DAS S/O. TAPAN DAS, AGED ABOUT 30 YEARS, 11. MS. BINITHA SHAJI D/O. SHAJI MATHEW, AGED ABOUT 30 YEARS, PETITIONER NO. 2 TO 11 ARE STUDYING M.SC NURSING (2023-24 BATCH)

AT : NOOR COLLEGE OF NURSING, NO.5, NOOR BUILDING, BHOOPASANDRA MAIN ROAD, R.M.V. II STAGE, BENGALURU - 560 094.

…PETITIONERS (BY SMT. BHAVANA N. PATIL, FOR SRI. ABHISHEK MALIPATIL, ADVOCATES)

AND:

1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU - 560 041.

REP. BY ITS REGISTRAR.

2. THE REGISTRAR (EXAMINATIONS)

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU-560 041.

3. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560 012, REP. BY ITS EXECUTIVE DIRECTOR.

…RESPONDENTS (BY SRI. B.S.SACHIN, ADVOCATE FOR R-1 & R-2;

SRI.N.K. RAMESH, ADVOCATE FOR R-3)

THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT UNIVERSITY TO GRANT APPROVAL TO THE ADMISSION OF THE PETITIONER STUDENTS NO. 2 TO 11 ADMITTED TO THE 1ST YEAR M.SC. NURSING COURSES BY THE PETITIONER INSTITUTION FOR THE ACADEMIC YEAR 2023-24 ADMITTED WITHIN THE SANCTIONED INTAKE OF 25 SEATS AND TO PERMIT THE SAID STUDENT TO PROSECUTE THE COURSE WITHOUT INTERRUPTION.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioners seek the following reliefs: “(i) Issue a writ in the nature of mandamus or any other writ or order or direction directing the Respondent university to grant approval to the admission of the petitioner students No.2 to 11 admitted to the 1st year M.Sc. Nursing Courses by the petitioner institution for the academic year 2023-24; admitted within the sanctioned intake of 25 seats and to permit the said student to prosecute the course without interruption; and (ii) Issue any other appropriate writ or order or direction, as this Hon’ble Court deems fit to grant, in the facts and circumstances of the case, in the interest of justice and equity.”

2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.

3. Though several contentions have been urged by both sides in support of their respective claims, the issue in controversy between the parties is directly and squarely covered by the judgment of this Court in the case of Vaasundhara College of Pharmacy and others Vs. Rajiv Gandhi University of Health Sciences and others– W.P.No.14345/2024 dated 07.11.2024, which reads as under:

4. In W.P.No.14345/2024, this Court passed the following interim order on 14.06.2024:

“Learned counsel for the petitioners has sought for direction to permit the petitioners - students to be admitted to B-Pharm lateral entry course for the academic year 2023-24 to appear in the ensuing III Semester B-Pharm examinations to be held in May-June, 2024 conducted by the respondent No.2 - University.

Learned counsel for the petitioners submits that as the examination scheduled is yet not announced,

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