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2022 Supreme(Del) 2162

IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA, J.
St Stephen Hospital College Of Nursing – Appellant
Versus
Union Of India & Ors. – Respondents
W.P.(C) 7008 of 2022 & CMAPPL. 21457 of 2022, W.P.(C) 8318 of 2022, CM APPL. 25061-25062 of 2022, W.P.(C) 8006 of 2022, CM APPLs. 24348-24349 of 2022
Decided on : 27-05-2022

Advocate Appeared:
For the Appellant :Mr. Rajeev Sharma, Ms. Shruti Sharma and Mr. Saket Chandra, Advocates., Mr. Shekhar Devasa, Mr. Shekhar Dubey, Mr. Manish Tiwari and Mr. Amit Shahi, Advocates, Ms. Shefali Gupta and Mr. Balwant Chaubey, Advocates.
For the Respondent:Mr. T.P. Singh, Sr. Central Govt. Counsel with Ms. Niyati, Mr. V.S.R. Krishna and Mr. Alok Jain, Ms. Ekta Sikri and Mr. Jasbir Bidhuri, Advocates

The Court emphasized the importance of adhering to the schedule set by regulatory authorities and the need to avoid disrupting the academic schedule by continuously extending the admissions process.

Headnote:

Extension of Cut-off Date - Nursing Admissions - Indian Nursing Council - 23rd December, 2021 notification, 8th April, 2022 notification - 21st March, 2022 last date of admissions - 31st March, 2022 cut-off date - 15th May, 2022 counselling - Extension denied - Court's analysis and decision

Fact of the Case:

The petitions sought direction to quash notifications for extension of time for nursing course admissions for the Academic Year 2021-22. The Indian Nursing Council fixed the last date of admissions as 21st March, 2022 and directed strict adherence to the timeline. Petitioners requested further extensions, which were denied, leading them to approach the Court.

Finding of the Court:

The Court dismissed the petitions, stating that the admissions process cannot be continued endlessly and should have a definitive point of termination. It held that the cut-off date was not arbitrary and that the schedule set out by Indian Nursing Council must be followed to avoid disrupting the academic schedule.

Issues: The primary issue was whether the Petitioners were legally entitled to another extension of the cut-off date for nursing course admissions for the Academic Year 2021-22.

Ratio Decidendi: The Court found that the mere possibility of Petitioners getting more admissions in case of an extension was not a compelling enough reason to interfere with the policy decision of Indian Nursing Council. It also held that the admissions process for the next academic session was already underway, and extending the cut-off date would disrupt the academic schedule.

Final Decision: The Court dismissed the petitions and all pending applications.

JUDGMENT :

SANJEEV NARULA, J.

1. The present batch of petitions under Article 226 of the Constitution of India, 1950, inter-alia, seek direction(s) for quashing notifications/communications[In W.P. (C) 8006/2022, notification dated 23rd December, 2021 issued by Indian Nursing Council.

In W.P. (C) 8318/2022, communication dated 9th May, 2022 by Guru Gobind Singh Indraprastha University to Petitioner therein relying upon the above-noted notification dated 23rd December, 2021 issued by Indian Nursing Council; and notification dated 8th April, 2022 issued by the Indian Nursing Council. In W.P. (C) 7008/2002, communication dated 26th April, 2022 by Indian Nursing Council to Petitioner therein.] and primarily extension of time for completion of admissions and fixing of dates of counselling for nursing courses at their respective colleges/institutes for the Academic Year 2021-22.

PARTIES TO THE DISPUTE

S. NO.

MATTER NO.

PETITIONER

RESPONDENT NO. 1

RESPONDENT NO. 2

RESPONDENT NO.3

RESPONDENT NO. 4

RESPONDENT NO. 5

1.

W.P. (C) 8006/2022

St. Stephen’s Hospital of Nursing

Govt. of NCT of Delhi

Indian Nursing Council

Guru Gobind Singh Indraprastha University

 

 

2.

W.P. (C) 8318/2022

Lakshmi Bai Batra College of Nursing

Govt. of NCT of Delhi

Indian Nursing Council

Guru Gobind Singh Indraprastha University

-

-

3.

W.P. (C) 7008/2022

NGO Nursing Association

Union of India

Indian Nursing Council

State of Maharashtra

The Commissioner, CET Cell

Medical Counselling Committee

3. Although the pleadings are not complete in all the cases, however, in view of the urgency projected by the Senior Counsel for the Petitioners and on consensus among the counsel for the parties, the cases were finally heard. The pleadings in all three petitions are similar – with the petitioners in W.P. (C) 8006/2022 & W.P. (C) 8318/2022 being identically placed. Further, since the reliefs as well as the grounds urged by Petitioners are also identical, the same were heard together and are being decided by way of a common order. For the sake of convenience, the facts, primarily in W.P.(C) 8006/2022, are being noted and discussed.

BRIEF FACTS

4. The National Eligibility-cum-Entrance Test (“NEET”) for undergraduate courses was conducted in September, 2021 and its results were declared in December, 2021.

5. Considering various representations received from State Governments qua extension of last date of admission for the Academic Year 2021-22, Indian Nursing Council [Respondent No. 2 in all petitions], vide notification dated 23rd December, 2021, fixed the last date of admissions as 21st March, 2022 and directed all Universities/State Nursing Registration Councils (“SNRCs”)/Nursing Institutions to ensure strict adherence to such timelines.

6. The first and second rounds of counselling held by Medical Counselling Committee were concluded on 9th February, 2022 and 5th March, 2022 respectively. In the first round of counselling, only 18 out of a total of 50 seats of the St. Stephen’s Hospital of Nursing were filled. Thereafter, Guru Gobind Singh Indraprastha University [hereinafter, “GGSIPU”] held the second round of counselling from 8th March, 2022 to 23rd March, 2022, wherein only 6 students were admitted, and subsequently, one student got her admission cancelled. The first mop-up round stood complete on 31st March, 2022. Similarly, after conclusion of the first and second rounds of counselling on 31st January, 2022 and 15th March, 2022 respectively, only 11 out of a total of 54 seats of Laxmi Bai Batra College of Nursing [Petitioner in W.P. (C) 8318/2022] stood filled.

7. Even though the second round of counselling was completed by 23rd March, 2022, no further round of counselling was held by GGSIPU. Considering that a number of seats still remained vacant at Petitioners as well as at other affiliated colleges/i

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