W.P.(C) 13420/2022

Page 1 of 17

*

IN

THE

HIGH

COURT

OF

DELHI

AT

NEW

DELHI

Reserved on: 28^thSeptember, 2022

Pronounced on: 06^thOctober, 2022

+

W.P.(C) 13420/2022 & CM APPL. 40750/2022 (interim relief)

SUCHETA

..... Petitioner

Through:

Mr.

Santhosh

Krishnan

and

Ms.

Deepshikha Sansanwal, Advocates.

versus

ALL INDIA INSTITUTE OF MEDICAL SCIENCE ..... Respondent

Through:

Mr.

V.S.R.

Krishna

and

Mr.

V.

Shashank Kumar, Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

J U D G M E N T

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 12^th

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.

BRIEF FACTS

2.

Petitioner is employed with AIIMS as a Nurse since 2004. She

completed her B.Sc. (Hons.) Nursing course from AIIMS itself and enrolled

2022:DHC:4061

W.P.(C) 13420/2022

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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 21^stAugust, 2021.

4.

Vide Memorandum dated 31^stAugust, 2021, Petitioner was granted

provisional admission to the aforesaid course, as an “In-service” candidate.¹

Subsequently,

Memorandum

dated

15^th

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

existing eligibility criteria”.

5.

For the year 2022, Admission Notice was published on 29^thApril,

2022, followed by the Prospectus on 09^thMay, 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 03^rdSeptember, 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 10^thNovember, 2021 – the impugned

decision of AIIMS was set-aside and Ramgopal Sharma was directed to be admitted in the course against

the seat reserved for “In-service” category.

2022:DHC:4061

W.P.(C) 13420/2022

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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 20^thMay, 2022.

She secured 91.843 marks and an overall Rank 225, amongst 1378 qualified

candidates. Thereafter, AIIMS issued a Seat Allocation Slip on 08^th

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

12^thSeptember, 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

the AIIMS, New Delhi for Aug., 2