IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 21061 OF 2025 (EDN-RES)

BETWEEN:

ST. JOSEPH INSTITUTE OF NURSING, NO.39, BENAKA TOWER, OPP. D MART, ELECTRONIC CITY PHASE-2, MUMBAI HIGHWAY, BANGALORE - 560 100.

REPRESENTED BY IT'S PRINCIPAL MR.SILGEN GEORGE …PETITIONER (BY SRI. SHIVARUDRA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION, M.S.BUILDING, VIDHANA VEEDHI, BANGALORE - 560 001.

REP. BY ITS SECRETARY.

Di gitally signed by

2. DIRECTORATE OF MEDICAL EDUCATION CHANDANA BMC AND RESEARCH INSTITUTE CAMPUS, B M BANGALORE - 560 002 Location:

REP. BY ITS DME.

High Court of Karnataka

3. KARNATAKA STATE DIPLOMA NURSING AND PARAMEDICAL EDUCATION (REGULATION) AUTHORITY (DIPLOMA IN NURSING EXAMINATION BOARD)

1^ST FLOOR, LIBRARY BLOCK, BMC AND RESEARCH INSTITUTE CAMPUS, BANGALORE - 560 002 REP. BY ITS SPECIAL OFFICER …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 & R2;

SRI. SUDHARSHAN, ADVOCATE FOR R3)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI SETTING ASIDE THE ORDER PASSED BY THE STATE GOVERNMENT BEARING NO.MED157MMC2024 PART-I, DATED 29.05.2025 VIDE ANNEXURE-C, AND FURTHER DIRECT THE RESPONDENTS TO RE-INSPECT THE PETITIONER SCHOOL SO AS TO ENSURE COMPLIANCE OF ANY DEFICIENCY WHICH IS POINTED OUT AND ETC., 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, petitioner seeks the following reliefs:

(i) Issue a writ in the nature of certiorari setting aside the order passed by the State Government bearing No.MED157MMC2024 Part-I, dated 29.05.2025 vide Annexure-C, and further direct the respondents to re-inspect the petitioner school so as to ensure compliance of any deficiency which is pointed out;

(ii) Issue a writ of mandamus directing the respondents to consider representation made by the petitioner school vide Annexure-D dated 05.06.2025 Ref No.09/SMION/25-26.

(iii) Issue any writ or order as deemed fit in the facts and circumstances of the case in the interest of justice and equity.

2. Heard learned counsel for the petitioner and learned HCGP for respondent Nos.1 and 2 and learned counsel for respondent No.3 and perused the material on record.

3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner has invited my attention to the impugned order at Annexure - C dated 29.05.2025 in order to point out that the sole reason assigned by the respondents for rejection of permission to continue the petitioner - institution is on the ground that the inspection committee had not recommended continuation of the petitioner - institution.

4. In this context, it is submitted that the petitioner has rectified all the deficiencies pointed out during the earlier inspection and in the light of the judgment of this Court in the case of HPR Manipal School of Nursing and Ors. Vs. State of Karnataka and Ors. - W.P.No.24401/2021 and connected matters dated 08.11.2024, the impugned order may be set aside and the respondents may be directed to consider the representation of the petitioner at Annexure - D dated 05.06.2025 and conduct fresh/new inspection and proceed further thereafter in accordance with law.

5. Per contra, learned HCGP for the respondents submits that there is no merit in the petition and the same is liable to be dismissed.

6. A perusal of the impugned order will indicate that the sole reason assigned by the respondent - State to reject the claim of the petitioner for continuation of the Institute of Nursing is by coming to the conclusion that the inspection committee had not issued any recommendation in favour of the petitioner. In the case of HPR Manipal School of Nursing, this Court held as under:

(i) All petitions are hereby disposed of.

(ii) The