The main legal point established in the judgment is that the rules set out in the Prospectus cannot be altered mid-way, and any disqualification for admission must be explicitly mentioned in the Prospectus.

JUDGMENT

Prateek Jalan, J. - The present writ petition concerns the decision of the respondent-All India Institute of Medical Sciences ["AIIMS"] to reject the candidature of the petitioner no. 1-Ramgopal Sharma ["Sharma"] for admission to the M.Sc. (Nursing) course in the 2021 admission session, on the ground that he had obtained the B.Sc. (Nursing) degree through distance education.

Facts

2. AIIMS offers various post-graduate (Masters degree) courses, including the M.Sc. (Nursing) course. For admission in the year 2021, it issued an Admission Notice, published on 02.03.2021, followed by a prospectus, which was uploaded on 27.04.2021 ["the Prospectus"]. These covered M.Sc. (Nursing), M.Sc. courses and M. Biotechnology. As far as the M.Sc. (Nursing) course is concerned, seven specialties were offered, including Paediatric Nursing. For the M.Sc. courses, the Prospectus enumerated eight specialties. For the M.Sc. (Nursing) course, in addition to the seats offered in various other categories, one seat in each specialty was reserved for AIIMS In-Service candidates.

3. Sharma is employed by AIIMS as a Nursing Officer since 2007. Prior to that, he completed a course in General Nursing and Midwifery/ Psychiatric Nursing from Akkamahadevi School of Nursing, Bidar, Karnataka in 2001. He was thereafter admitted to the Nurses and Midwife register maintained under the Delhi Nursing Council Act, 1997. During the course of his employment with AIIMS, he also undertook the degree of B.Sc. (Nursing) (Post Basic) from Indira Gandhi National Open University ["IGNOU"], which was conferred upon him in 2014.

4. Sharma, being a Nursing Officer presently employed by AIIMS, applied for admission to the M.Sc. (Paediatric Nursing) course in the In-Service category. For this purpose, he was granted a No Objection Certificate by AIIMS, New Delhi in April, 2021. Sharma participated in the entrance examination and secured an overall rank of 135. However, after the counselling held on 23.08.2021, his candidature was rejected with the following remarks:-

"Candidate reported on 23.08.21 candidate found not eligible, as he has done post basic from IGNOU (distant learning programme) and as per prospectus distant learning not allowed and with the approval of the Competent Authority, his case cannot be considered."

5. It is in these circumstances that the present writ petition has been filed. The principal ground of challenge urged by Sharma is that the Prospectus contained no provision disqualifying candidates who obtained their B.Sc. (Nursing) degree through distance education.

6. In addition to Sharma, the AIIMS Nurses Union ["ANU"] has been arrayed as petitioner no. 2 in this writ petition. Mr. Santhosh Krishnan, learned counsel for the petitioners, submitted that the ANU supports the case made out by Sharma that the Prospectus contained no such bar, and in fact goes further to argue that AIIMS is not empowered to impose such a condition at all.

7. By an order dated 03.09.2021, this Court found a prima facie case in favour of Sharma, and directed maintenance of status quo with regard to admission to the M.Sc. (Paediatric Nursing) course in the In-Service category. By a further interim order dated 28.09.2021, it was also made clear that if Sharma succeeds in the writ petition, the Court will also consider grant of appropriate relief, including admission to the course in question in the In-Service category.

8. As AIIMS had provisionally accepted the candidature of another candidate (whose rank was lower than that of Sharma) in the second round of counselling, directions were also given on 03.09.2021 for service of the present petition upon the provisionally admitted candidate. Mr. Krishnan has filed an amended memo of parties impleading her as respondent no. 2 and also proof of service upon her by email. However, she has chosen not to enter appearance to contest these proceedings.

Relevant clauses of the Prospectus and the Admission Notice

9. The eligibility conditions for