The blame for wrongful admission lies more upon the institution, and the petitioner's completion of the course and disclosure of documents warranted registration.

JUDGMENT :

The petitioner applied for B.Sc. Nursing Four Year Course from the respondent No.3, Naincy College of Nursing, Jeolikote Nainital (“the College”). She applied for her registration with the respondent no.2, Uttarakhand Nurses & Midwives Council, Village Danda Lakhond, P.O. Gujrara, Sahastradhara Road, Near Rajiv Gandhi Playground, Dehradun (“the Council”). But, it has not been done. Hence, the petitioner is before the Court seeking direction from the respondent no. 2 for registering her as a Nurse in accordance with law.

2. Heard learned counsel for the parties and perused the record.

3. It is the case of the petitioner that after intermediate examination, she took admission in B.Sc. Nursing Four Years Course in the College. She completed her course. She was given course completion certificate on 28.07.2022. Thereafter, the respondent no.4, Hemwati Nandan Bahuguna Uttarakhand Medical Education University, (“the University”) also provided her provisional certificate for B.Sc. Nursing on 04.07.2022. But, when the petitioner approached the respondent no.2, Council for registering her as a Nurse, her request has not been processed. Hence, the petition.

4. The respondent no.2, the Council in its counter affidavit has stated that the eligibility for admission in Four Years Nursing Course has been determined by the Indian Nursing Council and according to it, for such admission the minimum 45% marks in subjects Physics, Chemistry and Biology in 12th standard is mandatory. The petitioner, according to respondent no.2 had failed in Chemistry in her 12th standard examination. She does not possess the educational qualification, as fixed by Indian Nursing Council for her admission in B.Sc. Four Years Nursing Course.

5. In its counter affidavit, the respondent no.3, the College has stated that the petitioner ought to know as to what was the minimum qualification for her admission. In para 23 of its counter affidavit, Director of the respondent no.3, the College has stated that “it is submitted the petitioner also known very well that she failed in the chemistry subject but she hidden the fact during taking the admission in her graduation. Just saying that student/petitioner cannot be made to suffer for the fault of university or college at such belated stage, the petitioner cannot escape from her responsibility during taking admission in B.Sc. Nursing. It is also her duty to disclose all the facts before the admission counsellor. Rest of the averments made in the para are not accepted and strongly denied, need no comments.”

6. The respondent no.4, the University in its counter affidavit has simply stated that the University Act, as per the information supplied by the respondent no.3, the College in para 13 of the counter affidavit filed on behalf of the respondent no.4, the University, it is categorically asserted that “however, it is the admitted case of the petitioner that she was fail in subject Chemistry in 12th standard at the time of admission in B.Sc. Nursing Course and she provided each and every documents before the Counselling Committee of College. The said documents with regard to the admission form, Senior School Certificate Examination 2017 and Marksheet have been sent to the University on 21.07.2023 through mail. In the admission form the B.Sc. Nursing the petitioner mentioned only total percentage of intermediate i.e. 60%. Copy of the documents of the petitioner are being filed herewith and marked as Annexure No.CA-3 to this counter affidavit.”

7. Learned counsel for the petitioner would submit that the petitioner never concealed any fact while taking admission in the respondent no.3, College. Alongwith her admission form, she had enclosed each and every mark sheets that were required. She was admitted. She could not be expected to know as to what was the eligibility criteria for admission in the B.Sc. Four Years Nursing Course. She cleared the examination in 1st class marks. Now, after five year studying through, she is b