SURABHI ROY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned AGA waives notice for respondents No.1 and 3. Learned counsel Smt. Sumana M.Baliga accepts notice for respondent No.2. Learned counsel Sri Yogesh.D.Nayak, who is present before this Court accepts notice for respondent No.4.

(2.) It is the contention of petitioner students and the petitioner institution (petitioner No.30) that although in principle approval was granted for enhancement of the intake capacity from 50 to 80, consequently the petitioner No.30 institution forwarded the list of 30 additional students in view of the enhancement in the intake capacity. However the State Government has issued an endorsement dtd. 8/3/2021 at Annexure-P stating that it would be difficult to enhance the intake capacity from 50 to 80.

(3.) Learned counsel for the petitioners has drawn the attention of this Court to the inspection report of the Karnataka State Nursing Council as found at Annexure-E which is dtd. 23/9/2019, wherein it is clearly stated that there is a good physical infrastructure and all other facility in the campus and there is good and enough faculty to run the school. Further all the facilities like clinical, community, Hostels etc. are good. The Council therefore recommended to give permission for seat enhancement from 50 to 80 for the academic year 2019-20. This was followed by a communication made by the Principal Secretary, Medical Education Department on 19/1/2021, at Annexure-L addressed to the Chief Executive Director, Karnataka Nursing and Paramedical Education (Regulation) Authority and Director of Medical Education, bringing to his notice the recommendation made by the Karnataka State Nursing Council for enhancement of the intake capacity from 50 to 80 and therefore in the interest of the students studying in the institution, the opinion of the authorities was solicited by the State Government. It is also brought to the notice of this Court that the petitioner institution made an appeal to the Principal Secretary, Medical Education Department through a communication dtd. 26/2/2021 at Annexure-M bringing to the notice of the State Government that in view of the recommendation made by the Karnataka State Nursing Council, by mistake, oversight and with pressure the institution has admitted 30 additional students and completed all the admission process. Therefore, it was requested that the petitioner is prepared to surrender 30 management seats to the Government in the next academic year and with such promise and declaration the petitioner institution requested the approval of 30 additional seats and admission of the 30 students for the academic year 2019-20. However the impugned endorsement has been issued by the State Government.