(iii) Issue any writ or order as deemed fit in the facts and
circumstances of the case in the interest of justice
and equity.
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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.
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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 submission made on behalf of the petitioner as
well as by the respondents that, the permanent
Government Orders (G.O.) have been issued in
favour of 71 educational Institutions forming part
and parcel of Category-A and B, is placed on
record.
(iii) The respondents are directed to consider the
request of the following educational Institutions for
issuance of permanent G.O. which are falling under
B Category and take appropriate decision/pass
appropriate orders on or before 25.11.2025:
1. Sri. Narayana School of Nursing,
No.8 & 9 Hill said meadows,
Chikkabettahalli, Vidyaranyapura post,
M.S.Palya, Bengalore-560097
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2. Shri. Shiksha School of Nursing,
No.10/1, Blue Public School,
V Post Opp. Pushpa Byegowada Kalyanna
Mantapa, Byadarahalli, Magadi Maid Road,
Bengalore-560091
3. S.D.F. School of Nursing,
Opp. Beldale Petrol Pump Gumpa,
Main Road, Bidar
4. Sri. Sangameshwar School of Nursing,
Main Road, Kamalanagar,
Bidar-585417.
(iv) The order dated 12.07.2024/23.07.2024 rejecting
the request/application of 05 educational institutions
in category-C and 18 educational institutions in
category-D are hereby set aside.
(v) The respondents are directed to conduct the
inspection of aforesaid 05 educational institutions in
category-C and 18 educational institutions in
category-D within a period of two weeks from today
and pass appropriate orders/decision regarding
issuance of permanent G.O. in favour of the
aforesaid 23 (18+5) educational institutions on or
before 25.11.2024.
(vi) Since the last date for admission is 30.11.2024, the
respondents are directed to ensure strict compliance
of the directions issued in the present order as
stated supra."
7. Further, in the light of the specific assertion on the part
of the petitioner that all the deficiencies have been rectified by the
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petitioner as on today, I deem it just and appropriate to set aside
the impugned order only insofar as it relates to the petitioner -
Institute at Sl.No.4 and remit the matter back to respondent Nos.1
and 2 for reconsideration of the claim of the petitioner by
considering the representation of the petitioner at Annexure-D and
by conducting a fresh inspection and to proceed further in
accordance with law.
8. Accordingly, I proceed to pass the following:
ORDER
i) The petition is hereby disposed of.
ii) The impugned order dated 29.05.2025 at
Annexure - C passed by the State Government insofar
as it relates to Serial No.4 - St. Joseph Institute of
Nursing - petitioner, is hereby set aside.
iii) The matter is remitted back to respondent
Nos.1 and 2 for reconsideration of the claim of the
petitioner and by considering the representation at
Annexure - D dated 05.06.2025.
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iv) The respondent Nos.1 and 2 shall
conduct fresh/new inspection of the premises of the
petitioner - Institute on 16.10.2025. Upon conducting
fresh/new inspection, the respondent Nos.1 and 2
shall consider the representation of the petitioner and
take appropriate decision/pass appropriate orders
within a period of 10 days from 16.10.2025.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
MDS
