The court upheld the validity of the change in exam pattern and the requirement of NEET-UG exam qualification for admission to B.Sc. (Nursing) course.

JUDGMENT :

Rekha Palli, J.

1. The petitioners, who aspire to pursue B.Sc. (Nursing) in various colleges being run by the respondents, have approached this Court assailing the notification dated 22.04.2022 published by the respondents on its web-portal informing the prospective candidates that only candidates who clear the NEET UG-2022 exam will be eligible for admission to the B.Sc. (Nursing) course in MNS for the academic session 2022-23.

2. Learned counsel for the petitioners submits that for the last many years, admission to B.Sc (Nursing) in the institutes run by the respondents was based on a computer based entrance examination being conducted by the respondents. In the said examination, the candidates were tested in General English, General Intelligence and Science with 50 marks being allotted for each of these three subjects. However, at the fag end of the academic session, the respondents have suddenly issued a notification making the requirement of a candidate qualifying the NEET-UG exam as a pre-requisite for admission to B.Sc (Nursing) without appreciating the fact that the pattern of NEET-UG exam is entirely different from the computer based examination earlier held by the respondents. In the NEET-UG examination, the students are tested in detail, on different science subjects without any weightage being given to General English and General Intelligence. He, therefore, contends that this last-minute change in the exam pattern has caused grave prejudice to the candidates as a majority of candidates have been preparing for General English and General Intelligence subjects for the last few months in order to appear in the entrance examination as they were under a bonafide belief that the entrance examination for B.Sc (Nursing) would be conducted on the same pattern as was being followed for the last many years.

3. He further submits that even otherwise, the last date for applying for NEET-UG, 2022 is 06.05.2022 and therefore there is very little time for the candidates to apply and appear in the said exam. He, there fore, prays that the impugned notification be quashed and the respondent be directed to conduct the exam on the pattern being followed by them for the last many years.

4. On the other hand, Mr. Alok Singh, learned counsel for the respondents, vehemently opposes the petition. He hands over a compilation of documents which is taken on record and submits that the petitioners’ plea that they have been taken by surprise by this change in the exam pattern is wholly misplaced. He submits that for the last many years, the National Testing Agency (NTA) as well as the various state governments have been issuing guidelines making it clear that the future admissions to B.Sc. (Nursing) course would be based on the marks obtained by a candidate in the NEET-UG examination. This change in the exam pattern was necessitated in order to improve the standards of nursing education in the country and to ensure that students who join the B.Sc. (Nursing) course in premier institutions like those being run by the respondents are well qualified.

5. He further submits that the petitioners’ grievance that they have now been caught unaware and therefore cannot apply for the NEET-UG exam has been already taken care of by the respondents as a further notification dated 01.05.2022 has been issued by the NTA, extending the last date for submitting applications to appear in the NEET-UG exam, 2022 till 15.05.2022. He therefore contends that in the light of this revised notification issued on 01.05.2022, the petitioners now have sufficient time to apply for and appear in the NEET-UG exam which is scheduled to be held on 17.07.2022.

6. Mr. Singh further submits that even otherwise, once the degree in B.Sc (Nursing) is to be awarded by the affiliating universities who have already adopted the system of granting admission to B.Sc. (Nursing) course on the basis of the NEET-UG exam, the respondents have no other option but to adopt the said criteria. Mr