JUDGMENT

SANJEEV NARULA, J.:

1. Petitioner, a nurse employed as Nursing Tutor (Faculty Cadre) at College of Nursing of Respondent – All India Institute of Medical Sciences, New Delhi [hereinafter “AIIMS”] has impugned the Memorandum dated 12th September, 2022 whereby she has been denied admission to M.Sc. (Psychiatry Nursing) under the category of “In-service candidate”, on the ground of ineligibility.

BRIEFFACTS Admission in M.Sc. Nursing course for 2021 session

2. Petitioner is employed with AIIMS as a Nurse since 2004. She completed her B.Sc. (Hons.) Nursing course from AIIMS itself and enrolled as a Nurse with the Delhi Nursing Council and then as “Tutor in Nursing”

with AIIMS.

3. She applied for admission to M.Sc. (Paediatric Nursing) course under the “In-service” category for 2021 session, appeared in the entrance examination and obtained Rank 201. When she was not allotted the seat and instead, another candidate who obtained a lower Rank of 232 was selected, she made a representation to the Dean (Examination), AIIMS, vide letter dated 21st August, 2021.

4. Vide Memorandum dated 31st August, 2021, Petitioner was granted provisional admission to the aforesaid course, as an “In-service” candidate.1 Subsequently, vide Memorandum dated 15th September, 2021 her provisional admission was cancelled and she was informed that “In-service” reservation is only for “Nursing staff i.e. Nursing Officer. Hence, she is not eligible for In-service (Paediatric Nursing) seat being Nursing Tutor, as per existing eligibility criteria”.

Admission in M.Sc. Nursing course for 2022 session

5. For the year 2022, Admission Notice was published on 29th April, 2022, followed by the Prospectus on 09th May, 2022 [hereinafter “the Prospectus”]. Admission in M.Sc. (Nursing), M.Sc. courses and M. 1 In W.P.(C) 9413/2021 – filed by Ramgopal Sharma against denial of admission/disqualification. In the said petition, AIIMS informed the Court (on 03rd September, 2021) that they have provisionally admitted another candidate (Petitioner herein) in the second round of counselling and the Court, finding a prima facie case in favour of Ramgopal Sharma, directed maintenance of status quo with regard to admission to the Course in the “In-service” category. Vide final judgment dated 10th November, 2021 – the impugned decision of AIIMS was set-aside and Ramgopal Sharma was directed to be admitted in the course against theseatreservedfor“In-service”category.

Biotechnology. Under M.Sc. (Nursing) course, seven specialties are covered which includes Psychiatry Nursing. In addition to the seats offered under different categories, one seat in each specialty is reserved for AIIMS “In-

service” candidates.

6. Petitioner, employed as a Nursing Tutor (Faculty Cadre) applied for M.Sc. (Psychiatry Nursing) course [hereinafter “Course”] and for this purpose, she was granted a ‘No Objection Certificate’ on 20th May, 2022. She secured 91.843 marks and an overall Rank 225, amongst 1378 qualified candidates. Thereafter, AIIMS issued a Seat Allocation Slip on 08th September, 2022 notifying her that she was allotted the category of “AIIMS New Delhi In-service” against the Course selected by her.

7. Shortly thereafter, AIIMS issued the impugned Memorandum dated 12th September, 2022 [hereinafter “impugned notice”] whereby Petitioner was intimated that her candidature cannot be considered against the seat under “In-service” category, owing to her ineligibility. The said notice reads as under: -

“MEMORANDUM SUBJECT : Admission to M.Sc. (Psychiatry Nursing) Course at theAIIMS,NewDelhi forAug.,2022Session.

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With reference to result Notification NO. 156/2022 dated 8.9.2022 Ms. Sucheta has been allotted M.Sc In-service (Psychiatry Nursing) seat. At the time of document verification it has been observed that she has been working as Nursing Tutor (Faculty Cadre) and the seats are reserved for In-service candidates only.

The matter has been examined by the Competent Authority, accordinglyshehas not beenconsi