The potential impact of extending the cut-off date on the academic session and the students' education was a key consideration in the court's decision.

JUDGMENT :

SANJEEV SACHDEVA, J. (ORAL)

1. Appellant impugns judgment dated 27.05.2022 whereby the petition filed by the Petitioner, seeking quashing of Notification dated 23.12.2021 extending the last date of completing admission to B.Sc (Hons) Nursing Course for the Academic Session 2021-2022 upto 15.06.2022, has been dismissed.

2. Appellant is a college affiliated to Guru Gobind Singh Indraprastha University (“GGSIPU”) and inter alia, conducts the course of B.Sc Nursing. The National Eligibility-cum-Entrance Test (“NEET”) for the said course was conducted in September, 2021 and result declared in December, 2021.

3. Indian Nursing Council, which is the parent Body, fixed the last date of admission as 21.03.2022. The date was thereafter extended to 31.03.2022.

4. A writ petition was filed in the High Court of Judicature at Bombay (Aurangabad Bench) by one of the colleges, though not part of the concerned University. The High Court of Judicature at Bombay (Aurangabad Bench) by its judgment dated 31.03.2022 extended the last date of admission to 07.04.2022 for the Nursing Course.

5. The grievance of the Appellant is that for the colleges affiliated with the University but run by the Central Government, the admission process continued upto 15.05.2022, whereas the admission process for the Appellant and other non Central Government Colleges, was closed on 07.04.2022.

6. It is contended by learned Senior Counsel for the Appellant that the appellant has been discriminated and it is prayed that the admission process be permitted to be continued for another period of atleast a week to enable filling up of the unfilled seats in the appellant- College. Learned Senior Counsel for the appellant submits that the academic session commenced only on 23.05.2022.

7. By the impugned judgment, learned Single Judge has held that Indian Nursing Council is a Statutory Autonomous Body operating under the aegis of the Ministry of Health and Family Welfare, which lays down the standards of Nursing and also lays down the mode and manner for filling up the seats in Nursing Colleges. Medical Counselling Committee is responsible for conducting counselling for 15% of All India Quota Seats for undergraduate Courses – which comprises of seats in Central Government Hospitals and Colleges. It is an admitted position that the seats in the appellant-College would also be filled up on All India basis.

8. Learned Single Judge has noticed that the time period prescribed for carrying out the admission process for the appellant as well as non-governmental colleges was restricted by Indian Medical Council upto 31.03.2022, which was later extended upto 07.04.2022.

9. Learned Senior Counsel for the appellant contends that the cutoff date was fixed for all colleges irrespective of whether they were Central Government colleges or non-Central Governmental Colleges. However, the admission process for Central Government Colleges affiliated to GGSIP University was permitted to continue upto 15.05.2022. He submits that in view of the discrimination against the appellant, appellant should also be permitted to continue with the admission process for at least a week.

10. Learned counsel appearing for Indian Nursing Council submits that cut-off date was 31.03.2022, which was extended by the High Court of Judicature at Bombay (Aurangabad Bench) to 07.04.2022 and for all colleges across the country the said cut-off date was followed and no admission was permitted in non-Central Government Colleges after 07.04.2022.

11. Learned Counsel submits that in case the extension was granted, it would have an percolating effect on all colleges across the country, which are nearly two thousand in number. He further submits that academic session is likely to be affected for the reason that if the date is extended, the academic session which has commenced in several colleges would be adversely affected. He further submits that NEET Examination for the next year i.e. Academic Session 2022-23 is already under p