Adichunchanagiri College Of ... vs State Of Karnataka
2022 Latest Caselaw 11698 Kant

                           1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 9TH DAY OF SEPTEMBER 2022

                      PRESENT

            THE HON'BLE MR. ALOK ARADHE
                ACTING CHIEF JUSTICE

                          AND

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

           W.A. NO.4731 OF 2017 (EDN-RES)
                          C/W
           W.A. NO.4830 OF 2017 (EDN-RES)
           W.A. NO.5122 OF 2017 (EDN-RES)


IN W.A. NO.4731 OF 2017

BETWEEN:

1.     ADICHUNCHANAGIRI COLLEGE OF NURSING
       B.G. NAGAR -571 448
       NAGAMANGALA TALUK
       MANDYA DISTRICT
       REPRESENTED BY ITS PRINCIPAL
       SRI. K.G. VIJAYAKUMARA.

2.     NINS COLLEGE OF NURSING
       ALSO KNOWN AS NANJAPPA
       INSTITUTE OF NURSING SCIENCES
       AND COLLEGE OF NURSING, SAGAR ROAD
       GADHIKOPPA, SHIVAMOGGA-577 205
       REPRESENTED BY ITS PRINCIPAL
       DR. UMA .G

3.     UNIVERSAL COLLEGE OF NURSING
       NIRMALARAM CAMPUS
                          2


     ARAKERE, IAM-BPO
     BANNERGHATTA ROAD
     BANGALORE-560 076
     REP. BY ITS ADMINISTRATOR
     RV. FR. VARGHESE.

4.   DR. AMBEDKAR INSTITUTE OF NURSING
     NO.24, DR. B.R. AMC CAMPUS
     KADUGONDANAHALLI
     BENGALURU-560 045
     REPRESENTED BY ITS CHAIRMAN
     DR. N.T. MURALI MOHAN.

5.   ATHENA COLLEGE OF NURSING
     ATHENA HOSPITAL COMPLEX
     FALNIR ROAD, MANGALORE-575 001
     REP. BY ITS MANAGING DIRECTOR
     SRI. R. SHETTIAN.

6.   SRINIVASA INSTITUTE OF NURSING
     SRINIVASA CAMPUS
     MERLAPADAV VALACHIL
     ADYA ARKULA, BUNDER
     MANGALORE-575 001
     REP. BY ITS VICE PRESIDENT
     DR. A. SRINIVAS RAO.

7.   NDRK COLLEGE OF NURSING
     B.M. ROAD, HASSAN-573 201
     REPRESENTED BY ITS PRINCIPAL
     PROF. BERNICE MARGARET.

8.   ZULEKHA COLLEGE OF NURSING
     ZULEKHA COMPLEX
     B.B. ALABI ROAD, BANDARU
     MANGALORE-575 001
     REPRESENTED BY ITS DIRECTOR
     DR. THAHIR MOHAMMED.

9.   AECS MAARUTI COLLEGE & SCHOOL OF NURSING
     NO.99, KAMMANAHALLI ROAD
     OFF BANNERGHATTA ROAD
     BANGALORE-560 076
                           3


      REPRESENTED BY ITS PRINCIPAL
      PROF. P. GIRIJAMBA DEVI.

10.   GOUTHAM COLLEGE AND
      SCHOOL OF NURSING
      258, 5TH MAIN ROAD, 1ST STAGE
      WEST OF CHORD ROAD
      MANJUNATH NAGAR, RAJAJI NAGAR
      BENGALURU-560 010
      BANGALORE
      REPRESENTED BY ITS SECRETARY
      DR. A.T.S. GIRI.

11.   RAJEEV COLLEGE OF NURSING
      KRISHNARAJAPURA
      HASSAN-573 201
      REPRESENTED BY ITS PRINCIPAL
      MRS. JACINTA.

12.   MANGALA COLLEGE/SCHOOL OF NURSING
      KIADB INDUSTRIAL AREA
      KATTIHALLI, B.M. ROAD
      HASSAN-573 201
      REPRESENTED BY ITS PRINCIPAL
      PROF. AMALA.

13.   ETCM COLLEGE OF NURSING
      GOWRIPET, KANAKANAPALYA
      KOLAR, KARNATAKA-563 101
      KOLAR
      REPRESENTED BY ITS PRINCIPAL
      MR. CHRISTOPHER DAVID.

14.   ST. JOHNS INSTITUTE OF NURSING
      NO.6, PAPIREDDYPALYA
      NAGARABHAVI II STAGE
      BANGALORE-560 072
      REPRESENTED BY ITS PRINCIPAL
      PROF. GLADIES VIOLA.

15.   SREE VENKATESHWARA COLLEGE OF NURSING
      G.G.FARM, DASANAPURA, NH-4
      TUMKUR ROAD, BANGALORE-562 123
                          4


      REP. BY ITS DIRECTOR
      DR. JAYASHREE K. KUMAR.

16.   SIDDHARTHA COLLEGE OF NURSING
      AGALAKOTE, TUMKUR-572 107
      REP. BY ITS PRINCIPAL
      DR. G. SUJATHA.

17.   GANGOTHRI ACADEMY OF NURSING EDUCATION
      VENKATESHWARA NILAYA
      RAJEEV GANDHI NAGAR
      VISHWANEEDAM POST
      BANGALORE-560 091
      REP. BY ITS PRINCIPAL
      DR. RESMI J.

18.   VIDYA COLLEGE OF NURSING
      NH-17, KOPPALANGADI
      KAPU-574 106
      REPRESENTED BY ITS MANAGING TRUSTEE
      MR. LEVIN D SOUZA.

19.   UDUPI COLLEGE OF NURSING
      NH-17, KARAVALI HOTEL COMPLEX
      ADI UDUPI-576 103
      REP. BY ITS PRINCIPAL/CHAIRMAN
      MRS. LEVIN D SOUZA.

20.   NANJAPPA TRUST
      SCHOOL OF NURSING
      SAGAR ROAD, GADHIKOPPA
      SHIVAMOGGA-577 205
      REPRESENTED BY ITS TRUSTEE
      DR. AVINASH D.B.

21.   KLE SOCIETY
      ON BEHALF OF KLE INSTITUTE OF NURSING
      SCIENCES IN BELGAVI/HUBLI/ANKOLA/
      DANDELI/KPTCL COLONY
      NEHRU NAGAR ROAD, NEHRU NAGAR
      BELAGAVI-590 010
      REPRESENTED BY ITS SECRETARY
      DR. B.G. DESAI.
                          5




22.   MANGALA CHARITABLE TRUST
      ON BEHALF OF MANGALA COLLEGE
      AND SCHOOL OF NURSING
      VAJRA HILLS, KADRI ROAD, KADRI
      MANGALORE-575 003
      REPRESENTED BY ITS CHAIRMAN
      & MANAGING TRUSTEE DR. GANAPATHI P.

23.   K. PANDYARAJAH BALLAL CHARITABLE TRUST
      NO.2456, KAMALA KUNJ
      SUBHAS NAGAR, SOMESHWARA ROAD
      ULLALA, MANGALORE-575 020
      REPRESENTED BY ITS MANAGING TRUSTEE
      DR. PRIYA BALLAL K.

24.   AMARSHANTH CHARITABLE TRUST (R)
      PADMANABHA TEMPLE ROAD
      KUDUPU, MANGALORE-575 025
      REPRESENTED BY ITS MANAGING TRUSTEE
      DR. M. SHANTHARAM SHETTY.

25.   CITY EDUCATIONAL TRUST (R)
      ON BEHALF OF VIDYARATHNA SCHOOL
      & COLLEGE OF NURSING
      CITY HOSPITAL CAMPUS
      VIDYARANYA MARG, UDUPI-576 101
      REPRESENTED BY ITS CHAIRMAN
      DR. M. VISHWANATH SHANBHAG.

26.   VYDEHI INSTITUTE OF MEDICAL SCIENCES
      AND RESEARCH CENTRE
      ON BEHALF OF VYDEHI INSTITUTE OF
      NURSING SCIENCES
      NO.82, NALLUNHALLI
      NEAR BMTC 8TH DEPOT
      WHITE FIELD, BANGALORE-560 066
      REPRESENTED BY ITS DIRECTOR
      SMT. KALAPPA D.A.

27.   SOUTH EAST ASIAN EDUCATIONAL TRUST (R)
      ON BEHALF OF SOUTH EAST
      ASIAN COLLEGE OF NURSING
                           6


       EKTA NAGAR, BASAVANAPURA
       VIRGONAGAR, BANGALORE-560 067
       REPRESENTED BY ITS CHAIRMAN
       SMT. MANJULA.

28.    LAXMI MEMORIAL EDUCATIONAL TRUST (R)
       ON BEHALF OF LAXMI MEMORIAL SCHOOL
       AND COLLEGE OF NURSING
       UPPER BENDOOR, 2ND CROSS ROAD
       BENDOOR, MANGALURU-575 002
       REPRESENTED BY ITS VICE PRESIDENT
       MR. PRASHANTH SHETTY.

29.    UNITY CARE & HEALTH SERVICES PVT. LTD.
       ON BEHALF OF UNITY COLLEGE OF NURSING
       SHEDIGURI, DAMBEL ROAD
       ASHOKNAGAR, MANGALORE-575 006
       REPRESENTED BY ITS CHAIRMAN
       & MANAGING DIRECTOR
       DR. HABEEB KHAN.

30.    RATHNA EDUCATIONAL TRUST (R)
       ON BEHALF OF RATHNA COLLEGE
       & SCHOOL OF NURSING
       RACHANA NILAYA, 5TH CROSS
       SHANKAR MUTT ROAD
       HASSAN-573 201
       REPRESENTED BY ITS PRESIDENT
       SMT. B.N. RATHNAMMA.
                                       ... APPELLANTS
(BY MRS. MAYA HOLLA, ADV.,)

AND:

1.     STATE OF KARNATAKA
       BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF HEALTH &
       FAMILY WELFARE (MEDICAL EDUCATION)
       VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI
       BENGALURU-560 001.

2.     INDIAN NURSING COUNCIL
       NEW KOTLA ROAD, TEMPLE LANE
                              7


     NEW DELHI-110002
     REPRESENTED BY ITS SECRETARY.

3.   KARNATAKA STATE NURSING COUNCIL
     NO.17, A STREET, 6TH CROSS
     GANDHINAGAR, BANGALORE-560 009
     REPRESENTED BY ITS REGISTRAR.

4.   RAJIV GANDHI UNIVERSITY FOR
     HEALTH SCIENCES
     4TH T BLOCK, JAYANAGAR
     BANGALORE-560 011
     REPRESENTED BY ITS REGISTRAR.

                                     ... RESPONDENTS

(BY MRS. PRATHIMA HONNAPURA, AGA FOR R1)
                       ---

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER/JUDGMENT DATED 24/7/17 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN THE SAID WRIT PETITION, WP 27478-507/2017 [EDN-RES] & ALLOW THE WRIT PETITION, WP 27478-507/2017 [EDN-RES] & GRANT SUCH OTHER & FURTHER RELIEFS AS ARE JUST, INCLUDING THE COSTS OF THIS APPEAL.

IN W.A. NO.4830 OF 2017

BETWEEN:

INDIAN NURSING COUNCIL 8TH FLOOR, NBCC CENTRE PLOT NO.2, COMMUNITY CENTRE OKHLA PHASE/1, NEW DELHI-110 002 REPRESENTED BY ITS SECRETARY.

... APPELLANT (BY MR. SHIVARUDRA, ADV.,)

AND:

1. THE UNION OF INDIA MINISTRY OF HEALTH FAMILY WELFARE NARIMAN BHAWAN, NEW DELHI REPRESENTED BY ITS PRINCIPAL SECRETARY.

2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH T BLOCK, JAYANAGAR BENGALURU 560011, REP. BY ITS REGISTRAR.

3. KARNATAKA STATE NURSING COUNCIL ANADARAO CIRCLE BENGALURU-560 009, REP. BY ITS REGISTRAR.

4. THE KARNATAKA STATE ASSOCIATION OF THE MANAGEMENT OF NURSING AND ALLIED HEALTH SCIENCE INSTITUTIONS REGD. OFFICE AT NO.7380 DADA PEER LAY OUT NH4, NELAMANGALA BENGALURU 562 123 REPRESENTED BY ITS PRESIDENT S. SHIVAKUMAR.

5. K M J COLLEGE OF NURISNG OPP. MALLATHAHALLI BUS STOP BENGALURU 560 056, REP. BY ITS PRINCIPAL SRI. K. P. PREMJITH.

6. HARSHA COLLEGE OF NURSING HARSHA HOSPITAL CAMPUS NO.193/4, SONDEKOPPA CIRCLE NH-4, NELAMANGALA BENGALURU 562 123 REP. BY ITS PRINCIPAL SMT. JACINTHA R. MARIYAPPA.

... RESPONDENTS

(BY MR. KRISHNA T, ADV., FOR C/R4, R5 & R6 MR. SHANTHI BHUSHAN, ASG FOR R1 MRS. PRATHIMA HONNAPURA, AGA FOR R2 MRS. SUMANA BALIGA, ADV., FOR R3)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT ORDER OF THE LEARNED SINGLE JUDGE DATED 24/7/17 PASSED IN WP 25355-357/17. AND CONSEQUENTLY PASS SUITABLE DIRECTIONS HOLDING THAT INDIAN NURSING COUNCIL CAN PUBLISH IN ITS OFFICIAL WEBSITE A LIST OF RECOGNIZED NURSING INSTITUTIONS IN THE INTEREST OF STUDENTS & PUBLIC AT LARGE & CAN ALSO DISPLAY ALL MATERIALS RELATING TO RECOGNITION OF NURSING INSTITUTIONS BY THE COUNCIL KEEPING IN VIEW THE MANDATE OF RIGHT TO INFORMATION ACT.

IN W.A. NO.5122 OF 2017

BETWEEN:

1. THE STUDENT NURSES' ASSOCIATION OF THE TRAINED NURSES ASSOCIATION OF INDIA KARNATAKA CHAPTER NO.205, 2ND FLOOR "MAHAVEER NEST"

VEMANA CHARITABLE TRUST DEVARACHIKKANAHALLI BANGALORE-560 076 REP. BY ITS ADVISER, DR. K. RAMU.

2. SRI. GAGAN SRIVATSAVA .A AGED ABOUT 19 YEARS S/O ASHOK KUMAR LAL 1ST YEAR B.SC., NURSING STUDENT DR. AMBEDKAR COLLEGE OF NURSING NO.24, DR. B.R. AMBEDKAR MEDICAL COLLEGE & HOSPITAL CAMPUS KADUGONDANAHALLI, BENGALURU-560 045.

3. MISS. SABINA KARKI AGED ABOUT 20 YEARS D/O BHUVAN KARKI 2ND YEAR B.SC., NURSING STUDENT M.V.J. COLLEGE OF NURSING 30TH KM MILESTONE, DANDUPALYA

NATIONAL HIGHWAY-4, KOLATHUR POST HOSKOTE, BANGALORE-562 114.

... APPELLANTS (BY MR. RAJENDRA KUMAR, ADV.,)

AND:

1. STATE OF KARNATAKA DEPT. OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION) M.S. BUILDING, BANGALORE-560 001 REP. BY ITS PRINCIPAL SECRETARY.

2. INDIAN NURSING COUNCIL NEW KOTLA ROAD, TEMPLE LANE NEW DELHI-110 002 REP. BY ITS SECRETARY.

3. KARNATAKA STATE NURSING COUNCIL NO.17, A STREET, 6TH CROSS GANDHINAGAR, BANGALORE-560 009 REP. BY ITS REGISTRAR.

4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH "T" BLOCK, JAYANAGAR BANGALORE-560 011 REP. BY ITS REGISTRAR.

5. THE KARNATAKA STATE ASSOCIATION OF THE MANAGEMENT OF NURSING & ALLIED HEALTH SCIENCE INSTITUTIONS HAVING ITS REGD. OFFICE AT NO.7380 DADAPEER LAYOUT, N.H.4, NELAMANGALA BANGALORE-562123.

(AMENDED CAUSE TITLE VIDE C.O. DATED 29-06-2017).

... RESPONDENTS

(BY MRS PRATHIMA HONNAPURA, AGA FOR R1 MR. SHIVARUDRA, ADV., FOR R2 MRS. SUMANA BALIGA, ADV., FOR R3 MR. N.K. RAMESH, ADV., FOR R4 MR. KRISHNA T, ADV., FOR R5)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 24/07/2017 PASSED IN THE WRIT PETITION 26625-26627/2017.

THESE WRIT APPEALS COMING ON FOR ORDERS, THIS DAY, ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:

JUDGMENT

These intra Court appeals have been filed

against common order dated 24.07.2017 passed in

W.P.Nos.27478-507/2017 by which the writ petitions

preferred by the appellants seeking a direction to the

Indian Nursing Council to grant recognition to

Nursing Institution, has been dismissed.

2. The learned Single Judge passed a common

order in several writ petitions. Against the aforesaid

common order, a writ appeal was preferred in which

this Court had passed an interim order. Against the

interim order passed by the Division Bench of this

Court, Civil Appeal Nos.12759-12761/2017 were

preferred which were allowed by the Supreme Court in

the following terms:

"4. We are of the view that the two parts of

the learned Single Judge's order are

inextricably inter connected. Once it

is declared that the Indian Nursing Council,

Respondent No.2 has no authority to grant

recognition to the Institutions imparting

Nursing Course it must follow that the

Respondent No.2 is, therefore, restrained

from publishing on its website, the material

that are indicated. We are, therefore, of

the view that the interim order passed by

the Division Bench must be set aside and

the order of the learned Single Judge

restored.

5. The appeals are allowed in the aforesaid

terms."

3. In view of the aforesaid order passed by the

Supreme Court, nothing survives for adjudication in

these appeals.

Accordingly, the appeals are disposed of.

Consequently, the pending applications do not survive

for consideration and are disposed of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE RV