Admissions should not be cancelled without any wrongdoing or default on the part of the candidate, and the responsibility of the institution in granting admissions is emphasized.

ORDER

Prateek Jalan, J. (Oral). - The proceedings in the matter have been conducted through video conferencing.

1. By way of this petition under Article 226 of the Constitution, the petitioners assail an Office Memorandum [hereinafter "OM"] dated 18.10.2021, issued by the respondent No.1 -All India Institute of Medical Sciences [hereinafter "AIIMS"], New Delhi, whereby their admissions to the M.Sc. Nursing course in the academic session 2021-2022 have been cancelled.

Facts

2. The facts of the case are not in dispute. AIIMS invited applications for admission to various postgraduate courses, including M.Sc. Nursing, by way of a Prospectus issued on 27.04.2021. The eligibility conditions contained in the Prospectus, as far as the M.Sc. Nursing course is concerned, read as follows:

"M.Sc. Nursing

i) B.Sc. (Hons.) Nursing /B.Sc. Nursing (Post-Certificate)/Post-Basic /B Sc. Nursing (4years) course from any recognised University, from an educational institution Recognised by the Indian Nursing Council, with 60% marks for Gen/OBC/NCL)/EWS candidates (55% marks in case of SC/ST candidates).

(ii) Registration as Nurse, RN, RM (Registered Nurse, Registered Midwife) with any State Nursing Council.

Note 1: For Indian Nationals, 5% reservation for Person with Benchmark Disability shall be provided on horizontal basis, in the seat available in M.Sc. Nursing courses. Eligibility criterion for candidates under this category as per the guidelines finalized by Nursing Council of India as amended from time-to-time.

Note 2: For M.Sc/ M.Biotechnology and M.Sc. Nursing Courses :- Candidates who are due to appear at the qualifying examination, or have already appeared and are awaiting result, can also apply for admission but such candidate must furnish:

- Proof of passin2 the aualifvin2 examination on or before 31st July, 2021 with requisite vercenta2e of marks and subjects failin2which their performance at the Entrance Examination will not be considered.

- All M.Sc. Nursing Candidates can submit certificate of Registration as a Nurse and Midwife from the Indian Nursing Council/State Nursing Council at the time of Seat Allocation/joining if they are selected.

- All selected candidates for M.Sc. Nursing courses are required to furnish the proof of recognition of their college at the time of verification of their documents. w

3. The petitioners, who were students in the B.Sc. Nursing course in AIIMS, New Delhi, applied for admission pursuant to the Prospectus. They were issued offer letters by AIIMS on 18.08.2021, which inter alia indicated the speciality, and the regional centre of AIIMS in which they were offered admission. The petitioners joined their respective courses on 24.08.2021, as required, and were duly enrolled by the respective regional centre of AIIMS.

4. Approximately two months thereafter, by the impugned OM dated 18.10.2021, issued by AIIMS, New Delhi, their admissions were cancelled. It was stated in the OM that the matter had been examined by the competent authority, and "due to discrepancy found in the admissions, it has been decided that all erroneous admissions mentioned below need to be cancelled". The reason for cancellation of their admissions, as mentioned in the OM, is as follows:

"B.Sc. Nursing final year Result declared on 7th Aug, 2021 beyond the cutoff date i.e. 31st July 2021 (as mentioned in the prospectus) "

5. The petitioners thereafter filed the present writ petition challenging the OM dated 18.10.2021.

6. By an interim order dated 28.10.2021, the petitioners were granted interim relief of status quo with regard to their admissions. They have continued to study in their respective courses during the pendency of this writ petition.

Submissions

7. Mr. Wills Mathews, learned counsel for the petitioners, submits that the cancellation of the petitioners' admissions after they had joined the course, on the ground that they were ineligible for admission, is unwarranted and contrary to law. He submits that no allegation of any wrongdoing has