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IN THE HIGH COURT OF DELHI
Rekha Palli, J.
Saloni Yadav - Appellant
Versus
Union of India - Respondent
W.P.(C) 6834 of 2022 & CM Appls. 20791 of 2022 -Stay
Decided On : 04-05-2022




Changes in admission criteria for educational courses must rely on expert opinions, focusing on national standards, and should not cause undue prejudice to candidates.

Headnote:(A) The petitioners challenged the notification dated 22.04.2022 regarding admission eligibility for B.Sc. (Nursing) solely through NEET-UG. (Paras 1-10)

(B) Change in admission criteria and exam pattern must not be arbitrary; need for expert-driven decisions in education. (Paras 8, 10)

(C) Adequate time provided for NEET-UG application; no substantial prejudice caused. (Paras 2-8)

Facts of the case:
Petitioners sought to pursue B.Sc. (Nursing) and contested change from a traditional entrance exam to a NEET-UG requirement, claiming sudden change caused undue hardship.

Findings of Court:
The change in eligibility criteria was justified and did not violate candidates' rights; sufficient preparation time was provided.

Issues: Whether the abrupt change in the exam pattern for nursing admissions was permissible and whether it caused undue prejudice to candidates.

Ratio Decidendi: The court upheld the respondents' decision to require NEET-UG qualification, emphasizing the necessity of alignment with national standards for nursing education and the non-arbitrariness of expert decisions.

Result: Writ petition dismissed.

Table of Content
1. court challenges notification for nursing admissions. (Para 1)
2. petitioners argue change in exam requirements. (Para 2 , 3)
3. respondents justify new exam criteria. (Para 4 , 5 , 6)
4. court evaluates validity of petitioners' complaints. (Para 7 , 8 , 9)
5. court dismisses petition; upholds exam changes. (Para 10)

JUDGMENT

Rekha Palli, J. (Oral)--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 bona fide 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, therefore, 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 schedul

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