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DELHI HIGH COURT
SANJEEV NARULA
Chithra N – Appellant
Versus
All India Institute of Medical Sciences – Respondent
JUDGMENT
Sanjeev Narula, J. (Oral):
1. Petitioners - in-service nursing officers, are aggrieved by the condition introduced by Respondent - All India Institute of Medical Sciences, New Delhi ["AIIMS"] vide Revised Admission Notice No. 74/2022 [Bearing No. F.7-7/E.Sec/MSc/Mbiotech/BSc/2022] dated 29th April, 2022 [hereinafter, "impugned notice"] which has rendered them ineligible from seeking admission in M. Sc (Nursing) course [hereinafter, "Course"] for August, 2022 session. This newly introduced condition precludes the Petitioners from pursuing Master's Degree solely on the ground that their qualifying degree i.e. B.Sc. (Post Basic) was acquired through distant learning mode, as opposed to regular mode and is therefore, impugned inter alia as being violative of Article 14 of the Constitution of India, 1950 on the ground of being highly irrational, unreasonable and arbitrary.
BRIEF FACTS
2. After acquiring the requisite qualification prescribed under the Indian Nursing Council Act, 1947 [hereinafter, "INC Act"], Petitioners registered themselves in the Nurses and Midwives Register of the State Nursing Council. All of them are currently serving at AIIMS in the nursing cadre. I
AIIMS' exclusion of candidates with nursing degrees from distant learning violates equal opportunity standards, as it fails to acknowledge degrees recognized by statutory authorities.
Admission criteria cannot be altered post-publication of eligibility requirements; disqualifications must be explicitly stated in the prospectus.
The court ruled that the failure of AIIMS to clearly communicate eligibility criteria for admission led to unjust denial of admission to meritorious candidates, emphasizing the need for clarity in ac....
In cases of erroneous admissions, the institution cannot cancel admissions after the course has started if the candidates were not at fault, and the principle of estoppel applies.
Admissions should not be cancelled without any wrongdoing or default on the part of the candidate, and the responsibility of the institution in granting admissions is emphasized.
The court emphasized that discretionary remedies under Article 226 are for doing justice and correcting injustice and not the other way round. The court also highlighted the principle that courts sho....
The court ruled that fragmented completion of required residency days at multiple institutions satisfies eligibility, given lack of explicit restrictions in the admission criteria, emphasizing the ne....
The necessity of NEET UG-2019 qualification for admission to BUMS/BAMS/BHMS Courses for the academic session 2019-20 as per the Indian Medicine Central Council Act, 1970 and the Regulations of 2018.
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