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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
Important Points
Subject
Education Law - Admissions and Counselings
Headnote
(B) Policy decisions - Courts should refrain from interfering in policy decisions unless there is clear evidence of arbitrariness - Admission processes require definitive cut-off dates to maintain academic schedules, which should not be disrupted for minor variances in seat allocations (Paras 17-20).
(C) Jurisdiction - W.P.
(C) 7008/2022 dismissed due to lack of territorial jurisdiction, as no cause of action arose within the jurisdiction of this Court (Paras 21-22).
Facts of the case:
Multiple nursing colleges petitioned for an extension of the admission deadline after the Indian Nursing Council set a stringent cut-off date. The admission process revealed significant vacancies, prompting the colleges to seek redress for the 2021-22 academic year.
Findings of Court:
The court concluded that extending the cut-off date would undermine the structured admission process established by the Indian Nursing Council and that the past dates were rationally set to aid in managing academic timelines.
Issues: Main issues included whether the petitioners were entitled to an extension of cut-off dates and if the previous decisions were arbitrary.
Ratio Decidendi: The court confirmed that petitioners do not possess a legal right for further extensions, emphasizing that maintaining a clear timeline is essential for the efficacious operation of academic admissions, and policy decisions should not be altered absent evidence of arbitrariness or discrimination.
Result: Present petitions and all pending applications stand dismissed.
| 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
