Case Note & Summary
The petitioners, Mother Marry College of Nursing and its students, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondent university (Rajiv Gandhi University of Health Sciences) to enable its web portal for uploading details of the students and to issue registration numbers to all eligible students without discrimination. The court, after hearing the parties, disposed of the petition with a direction to the second respondent (Secretary, Medical Education) to consider the representation made by the petitioner college and to enable the web portal to allow uploading of details of the students and issue registration numbers to all eligible students without any discrimination. The court did not delve into the merits of the case but focused on the administrative remedy.
Headnote
A) Constitutional Law - Mandamus - Right to Education - Articles 226 and 227 of the Constitution of India - The petitioners sought a writ of mandamus directing the respondent university to enable its web portal for uploading student details and issuing registration numbers. The court held that the respondent must consider the representation made by the petitioner college and enable the portal to allow uploading of details of eligible students without discrimination. (Paras 1-3)
Issue of Consideration
Whether the respondent university can be directed to enable its web portal to allow uploading of details of students and issue registration numbers without discrimination.
Final Decision
The writ petition is disposed of with a direction to the second respondent to consider the representation made by the petitioner No.1 as per Annexure-F and enable the web portal to allow uploading of details of the students and issue registration numbers to all eligible students without any discrimination, within a period of two weeks from the date of receipt of a copy of this order.
Law Points
- Mandamus
- Right to Education
- Non-discrimination
- Administrative Law
Case Details
WP No. 200583 of 2023 (EDN-RES)
Sri. Pradeep Kumar P. K., Sri. S.S. Mamadapur for petitioners; Sri. R.J. Bhusare for R1; Smt. Maya T.R., HCGP for R2
Mother Marry College of Nursing and Others
The Registrar, Rajiv Gandhi University of Health Sciences Karnataka and Another
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking mandamus.
Remedy Sought
Direction to the second respondent to consider the representation made by petitioner No.1 and enable the web portal to allow uploading of details of the students and issue registration numbers to all eligible students without discrimination.
Filing Reason
The web portal of the respondent university was not enabled to allow uploading of details of the students, preventing them from obtaining registration numbers.
Issues
Whether the respondent university can be directed to enable its web portal for uploading student details and issuing registration numbers.
Submissions/Arguments
Petitioners argued that the web portal should be enabled to allow uploading of student details and issuance of registration numbers without discrimination.
Respondents did not oppose the prayer but sought time to consider the representation.
Ratio Decidendi
The court held that the respondent must consider the representation and enable the web portal to allow uploading of student details and issue registration numbers without discrimination, as the petitioners have a right to seek such administrative action.
Judgment Excerpts
The petitioner No.1 college and students are before this Court seeking for the following reliefs: ... Issue an order or direction or writ in the nature of mandamus directing the 2nd respondent to consider the representation made by the petitioner No.1 as per the Annexure-F and enable the web portal to allow uploading details of the students and issue the registration numbers to all the eligible petitioner No.2 to 11 without any discrimination.
The writ petition is disposed of with a direction to the 2nd respondent to consider the representation made by the petitioner No.1 as per Annexure-F and enable the web portal to allow uploading of details of the students and issue registration numbers to all the eligible students without any discrimination, within a period of two weeks from the date of receipt of a copy of this order.
Procedural History
The writ petition was filed on an unspecified date and came up for preliminary hearing on 21 June 2023, when the court disposed it with directions.
Acts & Sections
- Constitution of India: Articles 226, 227
