Karnataka High Court
Sri.M.K. Thomas vs State Of Karnataka on 24 March, 2025
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NC: 2025:KHC:12290-DB
WP No. 20157 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 20157 OF 2023 (EDN-RES)
BETWEEN:
1. SRI.M.K. THOMAS,
AGED ABOUT 56 YEARS,
S/O K.T. THOMAS
PRESIDENT WAPSI (WELFARE ASSOCIATION OF
PROFESSIONAL SCHOLARS IN INDIA)
'PREMNIVASIL' PERINCHERIKUNNU,
NELLICKAL, KUZHIMATTAOM,
KOTTAYAM KERALA - 686533.
...PETITIONER
(BY SRI JAGAN MOHAN M. T., ADVOCATE)
AND:
Digitally signed
by VALLI
MARIMUTHU 1. STATE OF KARNATAKA,
Location: HIGH REPRESENTED BY ITS PRINCIPAL CHIEF SECRETARY,
COURT OF
KARNATAKA VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560001.
2. THE PRINCIPAL SECRETARY,
HEALTH AND FAMILY WELFARE DEPARTMENT,
(MEDICAL EDUCATION),
M. S. BUILDING,
DR. AMBEDKAR VEEDHI,
BANGALORE - 560001.
3. THE PRINCIPAL SECRETARY,
HIGHER EDUCATION DEPARTMENT,
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WP No. 20157 of 2023
GOVERNMENT OF KARNATAKA,
M. S. BUILDING, BENGALURU - 560001.
4. THE VICE CHANCELLOR/REGISTRAR,
RAJEEV GANDHI UNIVERSITY OF HEALTH SCIENCE
KARNATAKA, 4TH T BLOCK, JAYANAGAR,
BANGALORE - 560041.
5. THE VICE CHANCELLOR,
BENGALURU UNIVERSITY JNANA BHARATHI CAMPUS,
BENGALURU - 560056.
6. THE DIRECTOR OF MEDICAL EDUCATION,
ANANDA RAO CIRCLE,
BANGALORE - 560020.
7. THE REGISTRAR,
KARNATAKA STATE NURSING COUNCIL,
BANGALORE - 560001.
8. THE PRESIDENT,
INDIAN NURSING COUNCIL,
8TH FLOOR, NBCC CENTRE,
PLOT No.2, COMMUNITY CENTER,
OKHLA PHASE-I, NEW DELHI - 110 020.
9. THE KARNATAKA STATE ASSOCIATION OF THE
MANAGEMENT OF NURSING AND
ALLIED HEALTH SCIENCE INSTITUTION (REGD.),
REPRESENTED BY ITS
PRESIDENT S. SHIVA KUMAR,
C/O HARSHA INSTITUTIONS,
No. 193/4, HARSHA HOSPITAL CAMPUS,
NH4, SONDEKOPPA CIRCLE,
NELAMANGALA,
BANGALORE - 562123
KARNATAKA.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R3 & R6;
SRI G.S. VENKAT SUBBARAO, ADVOCATE FOR R5;
R4, R7 & R8 ARE SERVED AND UNREPRESENTED;
SRI T. KRISHNA, ADVOCATE FOR R9)
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NC: 2025:KHC:12290-DB
WP No. 20157 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING
THE RESPONDENTS 1-8 TO CONSIDER THE REPRESENTATIONS/
COMPLAINTS MADE BY THE PETITIONER DATED 23/06/2022 AND
7/7/23 RESPECTIVELY AGAINST THE ILLEGALITIES/FRAUD/AND
OFFENCES COMMITTED BY MOST OF ALL NURSING
COLLEGES/INSTITUTIONS IN KARNATAKA AS PER ANNEXURES-A
AND B, AND FURTHER DIRECT TO HAVE A DETAILED
INVESTIGATION BY CBI OR ANY OTHER INDEPENDENT AGENCY
LIKE LOKAYUKTHA, CID OR BY ANY OTHER INSTITUTIONS, INTO
THE VARIOUS ILLEGALITIES, FRAUD AND OFFENCES COMMITTED
BY VARIOUS NURSING INSTITUTIONS SOME OF ISSUES AS
POINTED OUT HEREIN BY THE PETITIONER, OBTAIN
APPROPRIATE REPORTS AND ALSO TO TAKE APPROPRIATE
LEGAL ACTION AGAINST ALL THE EARRING INSTITUTIONS,
INCLUDING ANY OTHER PERSONS/OFFICIALS INVOLVED IN SUCH
ILLEGALITY AND CRIME, INCLUDING THE REFUND OF FEES
COLLECTED ILLEGALLY SINCE 2009 TILL DATE AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE 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 Mr. M.T. Jagan Mohan for the
petitioner, learned Additional Government Advocate Ms. Niloufer
Akbar for respondent No.1-State and its authorities, learned
advocate Mr. G.S. Venkat Subbarao for respondent No.5 and
learned advocate Mr. T. Krishna for respondent No.9.
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2. The petitioner claims to be a public spirited person who has
filed this public interest petition. This petition in the nature of public
interest seeking direction against respondent Nos.1 to 8 to consider
the representations dated 23.06.2022 and 07.07.2023 with respect
to the alleged illegalities and irregularities committed by several
Nursing colleges and Institutions in the State of Karnataka. The
petitioner wants investigation by the Central Bureau of Investigation
(CBI) or any other agency such as Lokayuktha or Crime
Investigation Department (CID).
2.1 The petitioner seeks to take legal action against the
institutions including the persons and officials involved in illegalities
and further prays for refunding of the fees collected since 2009.
The petitioner has further prayed to set aside the agreement
executed between respondent No.9 - the Karnataka State
Association of the Management of Nursing and allied Health
Science Institution and the Higher Education Department,
Government of Karnataka, dated 17.07.2023, which is a
consensual agreement relating to regulating admissions and fee
structure for Bachelor of Science (BSc.) Nursing for the academic
year 2023-2024.
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3. The averments in the petition when carefully noticed,
proceeds to generally allege about the Nursing colleges collecting
exorbitant fees and not providing adequate infrastructure etc. It is
the case that, fees payable in BSc. Nursing course is fixed,
however in respect of other, fees are charged and levied at the
whims of the institution. In this regard, as according to the
petitioner, the authorities have failed to implement the norms and
regulations. The petitioner pleads violation of Article 21 of the
Constitution.
3.1 The averments in the petition are too general and too vague
to be countenanced for any purpose, much less to exercise the
public interest jurisdiction. The petition based on omnibus
averments without any specific details could hardly be entertained.
The petition is therefore not liable to be entertained.
4. The representations of the petitioner are pending. The same
may be considered provided the petitioner furnishes specific details
which may be needed to the competent authorities to investigate
into facts.
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5. For grant of the relief claimed in the present petition, no case
whatsoever is made out. The petition is dismissed.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
MV
