IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V.GHUGE, ASHWIN D.BHOBE
Nandini Prakash Ingawale – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. legal admissions process for nursing courses (Para 2 , 4 , 5 , 6) |
| 2. arguments on legality of past admissions (Para 7 , 8 , 9 , 10 , 13) |
| 3. importance of adherence to admission regulations (Para 11 , 16 , 19 , 22) |
| 4. issues of illegal admissions and their consequences (Para 15 , 20) |
| 5. final decision to cancel admissions (Para 23 , 24 , 25) |
JUDGMENT :
(PER : RAVINDRA V. GHUGE, J.) :
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. All these Petitioners have suffered cancellation of their admissions to the 1st semester of the 1st Year (3 years course) by the Indian Nursing Council (hereinafter referred to as ‘INC’), due to which their admissions to the Auxiliary Nurse Midwifery (ANM)/General Nursing and Midwifery (GNM), have been cancelled. The Respondent Nursing Colleges have also informed the INC as well as the students about the cancellation of their admissions. Yet, some of them have been allowed to sit in the classrooms as if they are legally admitted students.
3. Therefore, some of these Petitioners approached this Court seeking urgent orders as they were disallowed from appearing in the 1st semester of the 1st Year exam. Th
The Court affirmed the necessity of adhering to established eligibility criteria in nursing admissions, ruling that illegal admissions cannot be condoned, ensuring educational integrity and fairness ....
In cases of erroneous admissions, the institution cannot cancel admissions after the course has started if the candidates were not at fault, and the principle of estoppel applies.
Court is of firm opinion that without issuing any notice to Petitioner Institution for withdrawal of permission granted there cannot be any unilateral denial of renewal in the year 2022.
The authority to grant recognition for nursing programs lies with State Council while compliance with Indian Nursing Council regulations is mandatory.
An institution that upgrades from a General Nursing and Midwifery course to a B.Sc. Nursing course is prohibited from reopening the GNM course under current regulations.
Admission into Postgraduate Course in Dental Sciences – Undue sympathy would lead to perpetuating illegality and giving premium to students who got admissions illegally.
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