PRIYADARSHINI H R Vs. KARNATAKA STATE NURSING COUNCIL

JUDGEMENT

(1.) THOUGH all these petitions had come up for consideration on interim applications, with the consent of learned Counsels appearing for the parties, the same are taken up for final hearing and are disposed of as follows.

(2.) PETITIONERS herein are all students of first year diploma in General Nursing who have taken admission in the respective Nursing Schools and are prosecuting their studies. Petitioners in W. P. No. 19694 of 2005 and W. P. No, 19779 of 2005 have sought for quashing the impugned communications dated 5th July, 2005 and 2nd August, 2005 respectively issued by the karnataka State Diploma in Nursing Examination Board. Further they have sought for a declaration to declare that, Rule 3 (l) (b) of the Karnataka Selection of Candidates for Admission to Diploma Course in General Nursing, Midwiferly/psychiatry in Nursing Rules, 2003 is arbitrary, and discriminatory and violative of Article 14 of the Constitution of India; and to declare that, petitioners are eligible for admission to the Diploma in Nursing course conducted by respondents. Further, they have prayed to direct the respondents to allow the petitioners to complete the Diploma in Nursing course to which they were admitted in the Nursing Schools for the academic year 2004-2005; and further to declare that, the rejection of the examination application of the petitioners by the Board to appear for the first year Diploma in Nursing Course examinations for the academic year 2004-05 is illegal and contrary to the regulations of the indian Nursing Council and the Ordinance of Rajiv Gandhi University of Health Sciences. Petitioner in W. P. No. 19741 of 2005 has prayed to direct the Director of Medical Education and chairman, Karnataka State Diploma in Nursing Examination Board to approve the admission of petitioner in the fourth respondent-School for admission to Diploma in General Nursing and midwifery course for the academic year 2004-05. Petitioner in W. P. No. 18000 of 2005 has prayed to declare that, the petitioner is eligible for admission to the Diploma in Nursing course conducted by the respondent-Board. Further, petitioner has sought for a direction, directing the. respondent to allow the petitioner to complete the Diploma in Nursing course to which he was admitted in the PMS School of Nursing, bangalore for the academic year 2004-05 and to declare that, the non-approval of the admission of the petitioner to the Diploma in Nursing course by the respondents is illegal, and contrary to the Regulations of the Indian Nursing Council and the Ordinance of Rajiv Gandhi University of health Sciences. Petitioner in W. P. No. 18002 of 2005 has sought for quashing the impugned communication dated 22nd June, 2005 issued by the Board, Further, he has sought for a declaration to declare that, petitioner is eligible for admission to the Diploma in Nursing course conducted by respondents. Further, he has prayed to direct the respondents to allow the petitioner to complete the Diploma in Nursing course to which he was admitted in the School of Nursing for the academic year 2004-05; and further to declare that, the rejection of the examination application of the petitioner by the Board to appear for the first year Diploma in Nursing Course examinations for the academic year 2004-05 is illegal and contrary to the regulations of the indian Nursing Council and the Ordinance of Rajiv Gandhi University of Health Sciences.

(3.) THE grievance of the petitioners in the instant writ petitions is that, they have been admitted to the first year Diploma in General Nursing Course for the academic year 2004-05 in the respective Schools and they are prosecuting their studies by attending their classes. When the list of admission was forwarded to the Karnataka State Nursing Council, in respect of petitioners herein, the admission of some of the petitioners was approved by oversight and accordingly, petitioners have volunteered to pay the necessary examination fee. When the respective Nursing schools forwarded the same to the Karnataka State Diploma in Nursing Examination Board, the board has not accepted the examination fee from the said petitioners and not permitted them to take up the examination and also did not issue the hall tickets on the ground that, all these petitioners in the aforesaid writ petitions are under age and have not completed 17 years of age as on the cut-off date, i. e. , as on 31st August of every academic year and that they are born after 1st September, 1987. Since these petitioners were not issued hall tickets and not permitted to appear in the examination, petitioners herein were constrained to redress their grievance by presenting the instant writ petitions seeking appropriate directions, as stated above. The petitioners have also assailed the correctness of Rule 3 (l) (b) of the Karnataka Selection of candidates for admission to Diploma Course in General Nursing, Midwiferly/psychiatry in nursing Rules, 2003 (hereinafter called as 'nursing Rules, 2003' for short) and to declare the said rule as arbitrary, and discriminatory and violative of Article 14 of the Constitution of India and other reliefs as stated supra,