IN THE HIGH COURT OF DELHI
Sanjeev Narula, J.
St. Stephen Hospital College of Nursing - Appellant
Versus
Union of India - Respondent
W.P.(C) 8006 of 2022, CM Appls. 24348-24349 of 2022, W.P.(C) 7008 of 2022& CM Appl. 21457 of 2022 and W.P.(C) 8318 of 2022, CM Appls. 25061-25062 of 2022
Decided On : 27-05-2022
| Table of Content |
|---|
| 1. petitioners seek extension of admission deadlines. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments for uniform admission deadlines. (Para 10 , 11) |
| 3. court reviews authority and jurisdiction for admissions. (Para 12 , 13 , 14 , 15 , 16) |
| 4. court denies extensions to maintain academic integrity. (Para 17 , 18 , 19 , 20) |
| 5. court dismisses all petitions. (Para 21 , 22) |
JUDGMENT
Sanjeev Narula, J. (Oral)--The present batch of petitions under Article 226 of the Constitution of India, 1950, inter-alia, seek direction(s)for quashing notifications/communications1 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
2. Parties to the above-captioned petitions are as encapsulated in the table hereinbelow:
| 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/institutes, they repeatedly requested the said University to hold further rounds of counselling. However, the said University did not agree, citing the notification dated 23rd December, 2021 issued by Indian Nurs
The court held that there is no vested right to an extension of admission cut-off dates and emphasized the importance of maintaining set deadlines to avoid disruption in academic schedules.
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.
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.
The right to establish a nursing institution does not guarantee student allotment after the statutory admissions process has concluded, emphasizing strict adherence to timelines for counseling.
The right to establish a nursing institution does not equate to entitlement for student allotment once admissions under the regulatory framework have concluded.
The right to establish an educational institution does not guarantee inclusion in student allotment if statutory approvals were received post counselling conclusion, highlighting the necessity of adh....
Uniform admission deadlines are essential to maintain academic integrity across all colleges, regardless of their status as Central or non-Central Government institutions.
The court held that candidates who fail to apply by the stipulated deadline for BSc Nursing admissions cannot claim benefits from relaxations based on earlier judgments, emphasizing the finality of s....
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