AIIMS' exclusion of candidates with nursing degrees from distant learning violates equal opportunity standards, as it fails to acknowledge degrees recognized by statutory authorities.

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. In order to improve and upgrade their formal education, Petitioners obtained B.Sc. (Post Basic) degree from Indira Gandhi National Open University ["IGNOU"] through distant learning medium.

3. Now, to further enhance their professional knowledge, Petitioners are desirous of pursuing the Course. Vide the impugned notice, AIIMS has called for applications for admission from desirous candidates stipulating the following eligibility criteria:

(i) B.Sc. (Hons.) Nursing/B.Sc. Nursing (Post-Certificate)/Post-Basic /B.Sc. Nursing (4 years) course from any recognized University, from an educational institution Recognised by the Indian Nursing Council, with 60% marks for Gen/EWS/OBC candidates (55% marks in case of SC/ST candidates).

(ii) Registration as Nurse, RN, RM (Registered Nurse, Registered Midwife) with any State Nursing Council.

However, there is also a condition to the effect that "Candidates possessing Bachelors Degree through Distant Learning Course shall not be eligible for all M.Sc. Courses i.e. M. Biotechnology/M.Sc. Nursing/M. Sc Medical Anatomy, Medical Biochemistry, Biophysics, Medical Physiology, Medical Pharmacology, Reproductive Biology and Clinical Embryology, Nuclear Medicine Technology, Cardiovascular Imaging and Endovascular Technologies"

4. The above eligibility criteria also finds mention in the AIIMS Prospectus [hereinafter "prospectus"].

CONTENTIONS ADVANCED

ON BEHALF OF PETITIONERS

5. Mr. Santosh Krishnan, counsel for Petitioners, makes the following submissions:

5.1. The Indian Nursing Council ["INC"] was established under the INC Act to regulate and determine a uniform standard for training of nurses and is the top-most statutory body prescribing standards for the nursing profession. The INC is a statutory body providing professional recognition to degrees/diplomas in nursing courses awarded by institutes across the country, and has granted recognition to B.Sc. (Nursing) course run by IGNOU. The disqualification condition, laid down in the impugned notice has the effect of derecognizing degrees awarded by IGNOU, which is impermissible. Reliance is placed upon State of Tamil Nadu and Anr. v. Adhiyaman Educational and Research Institute and Ors., (1995) 4 SCC 104 wherein it was held that the power to lay down higher standards for shortlisting candidates through cut offs, from a large pool, is not the same as de-recognising or disqualifying eligible candidates from consideration. Individual institutions such as AIIMS cannot be permitted to configure criteria of their choice in violation of legislations meant to determine uniform standards of education. Furthermore, as per entry 66 of List-I of the Seventh Schedule of the Constitution of India, power to make laws for "coordination and determination of standards in institutions