Karnataka High Court
Rajiv Gandhi University Of Health ... vs Benedict Institute Of Nursing on 8 August, 2024
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NC: 2024:KHC:31656-DB
WA No. 1176 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K V ARAVIND
WRIT APPEAL NO. 1176 OF 2024 (EDN-RES)
BETWEEN:
1. RAJIV GANDHI UNIVERSITY OF
HEALTH AND SCIENCE
4TH T BLOCK, JAYANAGAR
BENGALURU - 560 041
REPRESENTED BY ITS REGISTRAR
SHIVAPRAKASH P R
S/O LATE M.V.RAMANNA
...APPELLANT
(BY MS. VISHALI SRILAKSHMI, ADVOCATE FOR
MS. ANUPARNA BORDOLOI, ADVOCATE)
Digitally AND:
signed by 1. BENEDICT INSTITUTE OF NURSING
AMBIKA H B ASIRVANAM, ANCHEPALYA
Location: KUMBALGODU POST
High Court BENGALURU - 560 041
of Karnataka
2. THE ASIRVANAM BENEDICTINE SOCIETY
A SOCIETY REGISTERED UNDER SOCIETY
REGISTRATION ACT HAVING
ITS REGISTRATION OFFICE AT ASIRVANAM
MONASTERY, KAMBIPURA VILLAGE
KENGERI HOBLI
KARNATAKA
...RESPONDENTS
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NC: 2024:KHC:31656-DB
WA No. 1176 of 2024
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE APPEAL
AND SET ASIDE THE ORDER DATED 29/07/2024 PASSED BY THE
LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP
NO.10381/2024 AND ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K V ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Ms. P. Vaishali Srilakshmi for
learned advocate Ms. Anuparna Bordoloi for the appellant-
University.
2. The present writ appeal arises from order dated 29.07.2024
passed by learned Single Judge.
3. In the writ petition, the petitioners-Bendicts Institute of
Nursing and the Asirvanam Benedictne Society prayed for setting
aside of the order dated 07.02.2024 passed by the Rajiv Gandhi
University for Health Sciences-the appellant herein-original
respondent.
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3.1 By the said order, the affiliation of the petitioners-Institution
for the academic year 2024-25 was cancelled. There was a further
prayer seeking direction against the respondent to reopen the
online portal for admission for the academic year in question.
3.2 The petition came to be disposed of by learned Single Judge,
whereby the impugned endorsement/order dated 07.02.2024 was
set aside. The matter came to be remitted back to the respondent
for reconsideration afresh of the request of the petitioner for
continuation of the affiliation granted in its favour for the academic
year 2024-25.
3.3 The petitioners were directed to appear before the
respondent on 01.08.2024 and submit necessary pleadings to put
forth its case. The respondent was further directed to consider the
same by taking appropriate decision regarding continuation of the
affiliation on or before 08.08.2024.
3.4 There is still another direction by learned Single Judge,
whereby it is provided that in the event the respondent decides to
continue the affiliation by passing appropriate orders in light of the
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order of the Court, the respondent shall open the online admission
portal to enable the petitioners to give admissions,
4. While passing the aforesaid directions to remit back the case
and to afford opportunity to the respondents-original petitioners, it
was observed by learned Single Judge that the impugned order
indicated that the appellant-University had not given any
opportunity to the original petitioners and no notice was issued to
enable them to put forward their stand.
4.1 In course of the hearing, learned advocate for the appellant
submitted that opportunity is given. Be that as it may.
5. When the order did not record anything, it is not possible for
the Court to go into the said aspect. The directions issued are only
for remitting back the case and giving opportunity to the petitioners
to put forward the defence and the case in relation to the
cancellation of the affiliation.
5.1 No interference is called for in the directions of learned
Single Judge.
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6. However, what was directed was that the respondent-
petitioners shall appear before the University on 01.08.2024 and
the University shall decide the issue about continuation of the
affiliation within one week before 08.08.2024. Since the said dates
have passed by, it is provided that the University shall call the
petitioners-respondents herein on 20.08.2024 and take appropriate
decision as directed by learned Single Judge on or before
28.08.2024.
7. Subject to the above limited modification, the directions of
learned Single Judge are confirmed. The appeal is dismissed.
In view of dismissal of the appeal, the interlocutory
applications would not survive and they stand accordingly disposed
of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K V ARAVIND)
JUDGE
AHB
