Private Nursing Schools And ... vs The Union Of India Thr Its ...
2022 Latest Caselaw 3523 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD


                       WRIT PETITION NO. 3961 OF 2022


Private Nursing Schools and Colleges,
Management Association,
Having its registered office at :
Saniya Chambers, 3rd Floor,
Seven Hills, Jalna Road, Aurangabad,
Through its President,
Dr. Balasaheb S/o. Shivajirao Pawar,
Age 54 years, Occupation Social worker,
R/o. Plot No. G-57, N-4, CIDCO,
Aurangabad.                                          ..      Petitioner

                 Versus

1.      The Union of India,
        Through its Secretary,
        Ministry of Health and Family Welfare,
        348, A Wing, Government of India,
        Nirman Bhavan, New Delhi.

2.      The State of Maharashtra,
        Through its Secretary,
        Medical Education & Drugs Department,
        Mantralaya, Mumbai - 32.

3.      The Commissioner,
        CET Cell,
        (Admission Regulatory Authority)
        8th Floor, New Excelsior Building,
        A. K. Nayak Marg,
        Fort, Mumbai 400 001.

4.      Indian Nursing Council,
        8th Floor, NBCC Center,
        Plot No. 2, Community Centre,
        Okhla Phase-I,
        NEW DELHI 110 020
        Through its Registrar cum Secretary          ..      Respondents




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                                  ...
Mr. V. D. Hon, Senior Advocate instructed by
Mr. Chandrakant A. Jadhav, Advocate for Petitioner
Mr. Ajay Talhar, A. S. G. for Respondent No.1
Mr. A. R. Kale, A.G.P. for Respondent No.2 - State
Mr. Prasad Jarare, Advocate holding for Mr. M. D. Narwadkar,
Advocate for Respondent No.3
Mr. Alok Sharma, Advocate for Respondent No.4
                                  ...

                                   CORAM :      R. D. DHANUKA &
                                                S. G. MEHARE, JJ.

                                   DATE     :   31-03-2022

ORAL JUDGMENT
(PER - R. D. DHANUKA, J.) :-


1.        Rule.      Mr. Ajay Talhar, Assistant Solicitor General, waives

service of notice for respondent No.1, Mr. A. R. Kale, A.G.P. waives

service of notice for Respondent No.2 - State, Mr. Prasad Jarare,

Advocate holding for Mr. M. D. Narwadkar, Advocate waives service

of notice for Respondent No.3 and Mr. Alok Sharma, Advocate

waives service of notice for Respondent No.4.

Rule is made returnable forthwith and heard finally by the

consent of the parties.

2. By this petition filed under Article 226 of the Constitution of

India, the petitioner prays for a writ of certiorari or a writ in the

nature of certiorari to quash and set aside the communication

dated 28.03.2022 of the Indian Nursing Council and seeks writ of

mandamus to the respondent no. 4 Indian Nursing Council, New

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Delhi to extend the date of admission to Nursing courses as per

the AYUSH Ministry for the academic year 2021-2022 i.e. upto

23.04.2022.

3. The Petitioner is registered Management Association of the

Private Nursing Schools and Colleges, which are being run in the

State of Maharashtra. The Institutions imparting Nursing Courses

have already commenced the admission process for the academic

year 2021-22 and the cut-off date is 31st March, 2022.

4. In pursuance of issuance of notice dated 07.01.2022 by the

Government of India, the State of Maharashtra has commenced

the admission process to the course of allied Sciences i.e. to Basic

B.Sc. Nursing / Bachelor of Physiotherapy / Allied subjects i.e.

BAMS/BHMS/BUMS/BPTH/BOTs/BASL/BP & O/B.Sc. (Nursing) for

the academic year 2021-22. The schedule for centralized

admission process of first round for health Science course as

above is declared on 28.01.2022. The cut off date for admission

was 16.02.2022.

5. It is case of the petitioner that, there was response from the

students in the first and second round. However, large number of

students could not take admission in the first and second rounds

and they opted for next rounds of admission, as in every year

there were total four rounds of admission for allied Sciences i.e.

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Basic Nursing Courses. The petitioner - association, by its

communication dated 24.03.2022, made a request to the

respondent no. 4 for extending the date of admission (cut-off)

date for B.Sc. Nursing courses for the academic year 2021-22.

6. Mr. Hon, learned Senior Counsel has invited our attention

towards the judgment and order passed by the Hon'ble Supreme

Court, in Writ Petition (C) No. 961 of 2021 [Neil Aurelio Nunes and

others Versus Union of India and others] with other connected

petitions and would submit that the institution imparting Nursing

Courses have already commenced the admission process for the

academic year 2021-22 and the cut-off date is 31 st March, 2022.

The litigation/ issue was pending before the Hon'ble Supreme

Court and has fixed the reservation policy vide order dated

07.01.2022 and has approved the reservation policy as mentioned

in the notice dated 29.07.2021. The details of reservation are

given in the said judgment. He would submit that the Government

of India, Department of Directorate General of Health Services,

New Delhi, has accordingly issued notice on 07.01.2022,

prescribing reservation policy under the different categories.

7. Mr. Hon, learned Senior counsel has invited our attention to

the letter dated 04.03.2022 addressed by the Government of

Maharashtra (CET) Cell, to the Secretary, Indian Nursing Council,

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stating that the State of Maharashtra admits B.Sc. Nursing

candidates on the basis of NEET Marks and the admission process

is common across all health science courses. As per the reference

no. 2 i.e. communication from MCC of DGHS, New Delhi published

schedule for admission to MBBS/BDS/B.Sc. Nursing courses, for

academic year 2021-22. The last date of joining of the students

mentioned in this schedule is 04.04.2022. He further stated that,

the Ministry of AYUSH has given counseling schedule framed by

AACCC for admission to UG AYUSH course and last date of joining

mentioned is 15.04.2022. The State Government is, accordingly,

requested to extend the schedule for admission to B.Sc. Nursing

course for academic year 2021-22 at least upto 30.04.2022 in

reference to the schedule of AYUSH courses. Similar

representation is also made by the Private Nursing Schools and

Colleges Management Association (Maharashtra State) to the

Secretary, Indian Nursing Council, requesting to extend the

schedule for admission to B.Sc. Nursing Courses for academic year

2021-22 at least upto 30.04.2022 in reference to the schedule of

AYUSH Courses.

8. Mr. Hon, learned Senior Counsel invited our attention to the

Notice No. 27 / NEET-UG-2021 issued by Government of

Maharashtra on 28.03.2022 prescribing the Schedule for

Institutional Level Round of all B.Sc. Nursing Courses / Colleges,

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and would submit that the cut-off date as per the Indian Nursing

Council is 31.03.2022. However, at the bottom, it is provided that

the above schedule may change if cut-off date is extended by

concerned Council / Hon'ble Court / State Government before the

start of any activity in the said table.

He further invited our attention to clause (7) of the notice

issued by the Commissioner and Competent Authority, State

Common Entrance Test Cell, Maharashtra State, Mumbai, and the

Important Instruction, and would submit that it is the

responsibility of the candidate to submit all his original documents

and requisite fees at the time of admission.

He further submits that, since the cut-off date of admission

for B.Sc. Nursing course as per Indian Nursing Council is

31.03.2022 up to 11.59 p.m., the student, who will be selected,

will have to report to the college at midnight upto 11.59 p.m. and

will have to submit all original documents and requisite fees at the

time of admission.

He would further submit that large number of members of

the petitioner - association, who have been selected for

admission, will have to travel in different parts of the Maharashtra

for seeking admission to night, which is not feasible. He submits

that, in view of pandemic COVID-19, demand for nurses has

increased multifold and thus, the candidates, who seek admission

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for nursing courses shall not be deprived from getting opportunity

of such admissions. It is submitted by the learned counsel that

the State Government as well as other authorities State CET Cell,

Health University, MSNPBE, who have been conducting the

admissions of Nursing courses cannot be on a different basis or

have different time limit.

9. Mr. Sharma, learned counsel for the respondent no.4 states

that the candidates who seek to take admission have sufficient

time and even now can reach the places of admission till midnight

11.59 p.m. If the Court grants further extension after two

extensions already granted, Respondent no. 4 will have to change

the schedule of admission in the entire State of Maharashtra.

10. Mr. Talhar, learned A.S.G. for the Union of India states that

the respondent no. 4 has to take a decision whether to grant any

further extension or not. Mr. Narwadkar, learned counsel for

respondent No.3 submits that the State (CET) Cell would abide the

the order of Court and if the cut-off date would be extended, CET

Cell will arrange the CAP round as per the merit list.

11. It is not in dispute that, two extensions have already been

granted by respondent no. 4 for granting admission. Respondents

have not disputed that issue of reservation was pending before the

Honourable Supreme Court, which came to be resolved on

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07.01.2022. In view of order passed by Hon'ble Supreme Court,

notice has been issued by the Government of India for fixing

reservation policy, and thereafter, the round for medical admission

started by the State of Maharashtra.

12. Perusal of the representation made by the petitioner

association and the State of Maharashtra indicates that difficulties

faced by the candidates to take admission were highlighted by the

petitioner as well as State of Maharashtra (CET) Cell but have not

been noticed by the respondent no.4 . It appears that respondent

no. 4 refused to grant further extension. In view of respondent

no. 4 Indian Nursing Council's letter dated 28.03.2022, the State

of Maharashtra had to issue notice for immediately prescribing

time limit schedule for institutional level round for State Quota

Seats at Colleges with B.Sc. Nursing course for academic year

2021-22, reporting of admitted candidates in College Feedback

Module as 31.03.2022 upto 11.59 pm. The cut-off admission date

as per notice dated 28.03.2022 is 31.03.2022 as directed by the

Indian Nursing Council. The note in the said notice clearly

indicates that the said schedule may change if cut-off date is

extended by concerned Council / Hon'ble Court / State

Government before the start of any activity in the said table.

13. Mr. Sharma, learned Counsel for respondent no. 4 tenders

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latest instructions from his client that it would not grant any

further extension for the Nursing courses, beyond the period fixed

on 31st March, 2022.

14. The Notice No. 27 issued by the Government of Maharashtra

further indicates that it is the responsibility of the candidate to

submit all his original documents and requisite fees at the time of

admission.

15. In our view, the candidates, who were awaiting the outcome

of the reservation issue pending before the Hon'ble Supreme

Court, the State Government (CET) Cell and the petitioner -

Nursing management association having made representations to

the respondent no. 4 Council for grant of further short extension,

the respondent no. 4 ought to have taken a reasonable stand in

the matter. In our view, prayer of the petitioner association, in

these circumstances, appear to be reasonable.

16. The notice issued by the State of Maharashtra appears to be

a short notice instructing these candidates to approach the

admission authority in any parts of the Maharashtra within a span

of forty eight (48) hours. The candidates, who desire to take

admissions for Nursing courses, being women are not expected to

travel different parts of the Maharashtra with short notice of forty

eight (48) hours. In our view, no prejudice would be caused to

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any of the respondents, if we direct the respondent no. 4 - Indian

Nursing Council to extend the cut-off date of admission in Nursing

courses till 7th April, 2022 till 11.59 p.m.

It is made clear that, no further extension would be granted.

17. Writ petition is disposed of in aforesaid terms.

18. Mr. Sharma, learned counsel for the respondent no. 4 to

communicate this decision to his client to issue corrigendum,

during the course of day.

19. Respondents No. 2 and 3 shall also take further steps to

implement of order passed by this Court forthwith.

20. Rule is made absolute in above terms with no order as to the

costs.

        ( S. G. MEHARE )                        ( R. D. DHANUKA )
              JUDGE                                     JUDGE




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