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IN THE HIGH COURT OF DELHI AT NEW DELHI
Prateek Jalan, J.
Abha George & Ors. - Appellants
Versus
All India Institute Of Medical Sciences (aiims) & Anr. - Respondents
Civil Writ Petition No. 12263 of 2021, Civil Miscellaneous Application No. 38369 of 2021
Decided On : 02-02-2022
admissions - M.Sc. Nursing - Article 226 - [Section 13 of the Prospectus] - The judgment discusses the cancellation of admissions to the M.Sc. Nursing course at aIIMS due to a discrepancy found in the admissions. The court analyzes the eligibility criteria stipulated in the Prospectus, the power of the institution to cancel admissions, and the equitable relief to be granted in such circumstances.
Fact of the Case:
The petitioners, students in the B.Sc. Nursing course at aIIMS, had their admissions to the M.Sc. Nursing course cancelled due to a discrepancy in the timing of their qualifying examination results. They challenged the cancellation through a writ petition.
Finding of the Court:
The court found that the blame for the wrongful admission lay more upon the institution than the petitioners. It held that the institution cannot cancel admissions after the course has started, especially when the candidates were not at fault.
Issues: Cancellation of admissions, eligibility criteria, equitable relief, power of the institution to cancel admissions
Ratio Decidendi: The court relied on previous judgments to establish that admissions should not be cancelled if the candidates were not at fault, even if they were erroneously admitted. It emphasized the principle of estoppel and the institution's responsibility in granting admissions.
Final Decision: The writ petition was allowed, and the impugned Office Memorandum cancelling the petitioners' admissions was set aside.
JUDGMENT
Prateek Jalan, J. - 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 passing the qualifying examination on or before 31st July, 2021 with requisite percentage of marks and subjects failing which 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.'1
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 bee
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.
The court emphasized that the blame for wrongful admission lies more upon the institution than the candidates and that the respondents cannot discriminate between similarly situated students in the s....
Admission criteria cannot be altered post-publication of eligibility requirements; disqualifications must be explicitly stated in the prospectus.
Students cannot be penalized for institutional errors, especially after years of study, as it undermines the pursuit of essential research work.
Candidates must strictly adhere to eligibility criteria as outlined in the university's prospectus, and institutions are justified in cancelling admissions if these criteria are not met.
The court ruled that the failure of AIIMS to clearly communicate eligibility criteria for admission led to unjust denial of admission to meritorious candidates, emphasizing the need for clarity in ac....
Merit and entitlement for seat allocation in educational institutions depend on adherence to procedural norms, alongside validation of certificates; mere claims of wrongdoing by the institution do no....
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