USHA M. Vs. KARNATAKA STATE NURSING COUNCIL

JUDGEMENT

(1.) THE petitioners are before this Court assailing the communication dated 31.01.2014 impugned at Annexure -A to the petition. The petitioners are also seeking for issue of mandamus to the first respondent to approve the admission of the petitioners No. 1 and 2 to the first year GNM course for the academic year 2013 -2014 in the third petitioner -Institute. In that light, the consequential relief of appearing for the examination has also been sought in the petition.

(2.) THE petitioners having completed their Pre -university course were admitted to the first year GNM course in the third petitioner -Institute which is affiliated to the first respondent. On the details being sent by the third petitioner -Institute to the first respondent seeking approval of the admission of the petitioners No. 1 and 2, the impugned communication dated 31.01.2014 is issued. By the said communication, the approval of the admission of petitioners No. 1 and 2 has been declined on the ground that they do not satisfy the eligibility criteria having obtained minimum of 40% marks in the qualifying examinations for the said course.

(3.) INSOFAR as the second petitioner, it is contended that including the first language which was studied by the second petitioner, the second petitioner has obtained 49% in the qualifying examination. In that view, it is contended that while considering the minimum education qualification as contained in the circular dated 29.04.2013, the word 'aggregate' used therein should be considered as indicating all the subjects studied and not only the three science subjects and the English subject as indicated therein. It is therefore contended that the impugned communication is liable to be quashed and a direction be issued to the respondents to approve the admissions of the petitioners.