Case Note & Summary
The petitioner, Jennifer A., filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru. She sought a writ of mandamus directing the second respondent, Rajiv Gandhi University of Health Sciences, Karnataka, to issue an admit card or hall ticket permitting her to write her 2nd year B.Sc. Nursing (Basic) examinations. Additionally, she sought directions to the first respondent, ESIC College of Nursing, and the second respondent to permit her to continue her course of study in the 3rd year, and to formulate a policy to ensure female students are not disadvantaged. The court, after hearing the parties, allowed the petition and directed the second respondent to issue the admit card and permit the petitioner to write the examination. The court also directed the first respondent to permit the petitioner to continue her studies in the 3rd year. The judgment was delivered by Justice Aravind Kumar on 15th June 2016.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of Constitution of India - Direction to issue admit card - Petitioner sought direction to university to issue admit card for 2nd year B.Sc. Nursing examination - Court directed respondent No.2 to issue admit card and permit petitioner to write examination and continue studies - Held that petitioner is entitled to relief (Paras 1-3).
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing the respondent university to issue admit card for 2nd year B.Sc. Nursing examination despite alleged shortage of attendance.
Final Decision
The court allowed the writ petition and directed the second respondent (Rajiv Gandhi University of Health Sciences) to issue the admit card/hall ticket permitting the petitioner to write her 2nd year B.Sc. Nursing (Basic) examinations. Further, the first respondent (ESIC College of Nursing) was directed to permit the petitioner to continue her course of study in the 3rd year.
Law Points
- Writ of Mandamus
- Article 226 of Constitution of India
- Right to Education
- Attendance Requirement
- Examination Eligibility
