Bombay High Court
Priyanka Tukaram Kole And Anr vs The State Of Maharashtra Throu. Dept Of ... on 9 October, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AS:43706-DB
Digitally signed
GAURI by GAURI AMIT
GAEKWAD
AMIT Date:
GAEKWAD 2025.10.09
18:25:03 +0530 WP-5697-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5697 OF 2025
1. Nandini Prakash Ingawale )
Age: 19 years, Occu. Student, )
C/o. Prakash Shivaji Ingawale, )
Dhawar, Kurul, Alibag, Dhawar, )
Raigad 402 201 )
2. Om Mayur Koli, )
Age: 18 years, Occu:- Student, )
Residing at Borli, Raigarh 402 202 ) ....Petitioners
Versus
1.The State of Maharashtra, )
Through its Department of Medical )
Education And Drugs, )
Mantralaya, Mumbai - 400 032 )
2. Maharashtra State Board of Nursing and )
Paramedical Education, Directorate of )
Medical Education and Research, 4th Floor, )
St. Georges Hospital Campus, )
P. D'Melo Road, Fort, Mumbai - 400 001 )
3. Nootan School of Nursing, )
Through its Principal, )
Taluka- Nadgaon, District - Murud )
4. Indian Nursing Council )
th
8 Floor, NBCC Center, Plot No.2 )
Community Center, Okhla, Phase -I, )
New Delhi 110 020 ) ....Respondents
AND
WRIT PETITION NO. 11866 OF 2025
1.Priyanka Tukaram Kole )
Age: 26 years, Occupation : Student, )
Residing at- Near Santh Nirankari Mandir, )
Balaji Nagar Power House, Bhosari, Pune )
Gauri Gaekwad 1 of 32
::: Uploaded on - 09/10/2025 ::: Downloaded on - 10/10/2025 00:54:03 :::
WP-5697-2025.odt
2. Balaji Navnath Maske )
Age: 29 years, Occupation: Student )
Residing at Post - Sonwala, )
District - Beed, Maharashtra - 431 517 ) ....Petitioners
Versus
1.The State of Maharashtra, )
Through its Department of Medical )
Education And Drugs, Mantralaya, )
Mumbai - 400 032 )
2. Maharashtra State Board of Nursing and )
Paramedical Education, Directorate of )
Medical Education and Research, 4th Floor, )
St. Georges Hospital Campus, )
P. D'Melo Road, Fort, Mumbai - 400 001 )
3. Indian Nursing Council )
th
Having office at 8 Floor, NBCC Center, )
Okhla, Phase -I, New Delhi 110 020 )
4. Vaishnodevimata Nursing College, )
Through its Principal )
Beed, Taluka Beed, Maharashtra ) ... Respondents
WITH
INTERIM APPLICATION NO. 10976 OF 2025
IN
WRIT PETITION NO. 5697 OF 2025
Maharashtra State Board of Nursing And )
Paramedical Education, )
Directorate of Medical Education and )
Research, 4th Floor, St. Georges Hospital )
Campus, P. D' Mello Road, Fort, )
Mumbai 400 001 ) ....Applicant
IN THE MATTER BETWEEN
1. Nandini Prakash Ingawale )
Age. 19 years, Occ. Student, )
Gauri Gaekwad 2 of 32
::: Uploaded on - 09/10/2025 ::: Downloaded on - 10/10/2025 00:54:03 :::
WP-5697-2025.odt
C/o. Prakash Shivaji Ingawale, )
Dhawarm Kurul, Alibag, )
Dhawar, Raigad 402 201 )
2. Om Mayur Koli, )
Age. 18 years, Occ. Student )
R/at. Borli, Raigad 402 202 ) ... Petitioners
Versus
1. The State of Maharashtra )
Through its Department of Medical )
Education and Drugs Department, )
Mantralaya, Mumbai - 400032 )
2.Maharashtra State Board of Nursing and )
Paramedical Education, Directorate of )
Medical Education and Research, 4th Floor, )
St. Georges Hospital Campus, P.D'Mello )
Road, Fort, Mumbai 400001 )
3. Nootan School of Nursing )
Through its Principal, )
Taluka - Nadgaon, Dist. Murud ) ....Respondents
AND
WRIT PETITION NO. 7574 OF 2025
Makandar Mustakim Miraso )
Age: 21 years, Occu: Student, )
Residing at, Dhamane Galli, )
Malgaon, Sangli ) ... Petitioner
Versus
1.The State of Maharashtra, )
Through its Department of Medical )
Education And Drugs, Mantralaya, )
Mumbai - 400 032 )
2. Maharashtra State Board of Nursing and )
Paramedical Education, Directorate of )
Medical Education and Research, 4th Floor, )
St. Georges Hospital Campus, )
Gauri Gaekwad 3 of 32
::: Uploaded on - 09/10/2025 ::: Downloaded on - 10/10/2025 00:54:03 :::
WP-5697-2025.odt
P. D'Melo Road, Fort, Mumbai - 400 001 )
3. Dr. Kullolli Institute of Nursing )
Through its Principal, Kore Universal, )
Vishrambag, Sangli 416 415 )
4. Indian Nursing Council, )
8th Floor, NBCC Center, Plot No.2, )
Community Center, Okhla, Phase -I, )
New Delhi 110 020 ) ... Respondents
AND
WRIT PETITION NO. 12431 OF 2025
1. Vaishali Gautamrao Sardar )
Age- 31 years, Occupation- Students )
Residing at - near Hanuman Mandir, )
VMV Road, Taluka and District - Amravati, )
Maharashtra - 444 604 )
2. Priti Sharad Kharate )
Age- 34 years, Occupation -Student )
Residing at Gopal Nagar, Sai Nagar )
Taluka and District - Amravati, )
Maharashtra - 444 604 )
3. Prangalli Prakash Gawai )
Age: 30 years, Occupation : Student )
Residing at- Mahatma Pule Nagar, )
VMV Road, Taluka and District - Amravati )
Maharashtra - 444 604 )
4. Mayur Motiram Kudve )
Age-26 years, Occupation -Student )
Residing at- Danapur, )
Taluka and District - Amravati - 444 904 ) ... Petitioners
Versus
1. The State of Maharashtra )
Through its Department of Medical )
Education And Drugs, Mantralaya, )
Mumbai - 400 032 )
2. Maharashtra State Board of Nursing and )
Paramedical Education, Directorate of )
Gauri Gaekwad 4 of 32
::: Uploaded on - 09/10/2025 ::: Downloaded on - 10/10/2025 00:54:03 :::
WP-5697-2025.odt
Medical Education and Research, 4th Floor, )
St. Georges Hospital Campus, P. D' Melo )
Road, Fort, Mumbai - 400 001 )
3. Indian Nursing Council )
Having office at 8th Floor, NBCC Centre, )
Okhla Phase-I, New Delhi - 110 020 )
4. Aheman College of Nursing, )
Through its Principal, )
Near Government Rest House, Chikhaldara, )
Taluka- Chikhaldara, District- Amravati, )
Maharashtra - 444 807 ) ... Respondents
AND
WRIT PETITION (ST.) NO. 18156 OF 2025
Kale Sangram David )
Age: 36 years, Occu: Student, )
Residing at, Plot No. 32, Kadamwadi Road, )
Subhadranagar Tower, Park Colony, )
Karvir, Kolhapur 416 003 ) ... Petitioner
Versus
1. The State of Maharashtra )
Through its Department of Medical )
Education And Drugs, Mantralaya, )
Mumbai 400 032 )
2. Maharashtra State Board of Nursing and )
Paramedical Education, Directorate of )
Medical Education and Research, 4th Floor, )
St. Georges Hospital Campus, P. D' Melo )
Road, Fort, Mumbai - 400 001 )
3. Dr. M.I. Momin Institute of Nursing )
Education, Through Its Principal Pratap )
Chowk, Kolhapur )
4. Indian Nursing Council, )
th
8 Floor, NBCC Center, Plot No.2, )
Community Center, Okhla Phase I, )
New Delhi - 110 020 ) ... Respondents
AND
Gauri Gaekwad 5 of 32
::: Uploaded on - 09/10/2025 ::: Downloaded on - 10/10/2025 00:54:03 :::
WP-5697-2025.odt
WRIT PETITION NO.8987 OF 2025
Om Bhagwan Shinde )
Age: 19 years, Occu: Student )
Residing at Taradgaon )
Satara, Maharashtra 415 528 ) ... Petitioner
Versus
1.The State of Maharashtra, )
Through its Department of Medical )
Education And Drugs, Mantralaya, )
Mumbai - 400 032 )
2. Maharashtra State Board of Nursing and )
Paramedical Education, Directorate of )
Medical Education and Research, )
th
4 Floor, St. Georges Hospital Campus, )
P. D'Melo Road, Fort, Mumbai - 400 001 )
3. Phaltan Education Society, )
School of Nursing, Padmavati Nagar, )
Phaltan, Satara, Maharashtra 415523 )
Through its Principal )
4. Indian Nursing Council, )
th
8 Floor, NBCC Center, Plot No.2, )
Community Center, Okhla, Phase -I, )
New Delhi 110 020 ) ... Respondents
AND
WRIT PETITION NO. 5706 OF 2025
1. Purvaja Pramod More )
Age: 20 years, Occu: Student, )
Residing at, Kond Karul, Laxmi Nagar, )
Adur, Ratnagiri 415 705 )
2. Ashlesha Sudhakar Tandel, )
Age: 19 years, Occu: Student )
Residing at - Kharvi Wadi Alikade )
Vilaneshwar, PO - Welneshwar, )
Ratnagiri 415 729 ) ... Petitioners
Versus
1.The State of Maharashtra, )
Gauri Gaekwad 6 of 32
::: Uploaded on - 09/10/2025 ::: Downloaded on - 10/10/2025 00:54:03 :::
WP-5697-2025.odt
Through its Department of Medical )
Education And Drugs, Mantralaya, )
Mumbai - 400 032 )
2. Maharashtra State Board of Nursing and )
Paramedical Education, Directorate of )
Medical Education and Research, 4th Floor, )
St. Georges Hospital Campus, )
P. D'Melo Road, Fort, Mumbai - 400 001 )
3. Devrukh Institute of Nursing )
Through its Principal )
Kumbi Bhavan, Mahadik Stop, )
At post- Devrukh, Taluka- Sangmeshwar, )
Ratnagiri 415 804 )
4. Indian Nursing Council, )
8th Floor, NBCC Center, Plot No.2, )
Community Center, Okhla, Phase -I, )
New Delhi 110 020 ) ... Respondents
AND
WRIT PETITION NO. 11411 OF 2025
1. Vaishnavi Vinod Adgale )
Age: 19 years, Occupation : Student )
Residing at - Ankoli, Post- Sawargaon, )
Akoli, Latur, Maharashtra - 413 531. )
2. Nikita Sugriv Adgale, )
Age: 19 years, Occupation : Student )
Residing at- Ankoli, Post- Sawargaon, )
Akoli, Latur, Maharashtra - 413 531 )
3. Meera Rajendra Waghchaure )
Age -33 years, Occupation - Student, )
Residing at Nandgaon Ves. Patel Chowk, )
Latur 413 512 )
4. Priti Sugriv Adgale )
Age- 23 years, Occupation -Student )
Residing at- Ankoli, Post- Sawargaon, )
Akoli, Latur, Maharashtra - 413 531 ) ... Petitioners
Versus
Gauri Gaekwad 7 of 32
::: Uploaded on - 09/10/2025 ::: Downloaded on - 10/10/2025 00:54:03 :::
WP-5697-2025.odt
1.The State of Maharashtra, )
Through its Department of Medical )
Education And Drugs, Mantralaya, )
Mumbai - 400 032 )
2. Maharashtra State Board of Nursing and )
Paramedical Education, Directorate of )
Medical Education and Research, 4th Floor, )
St. Georges Hospital Campus, )
P. D'Melo Road, Fort, Mumbai - 400 001 )
3. Indian Nursing Council )
th
Having office at 8 Floor, NBCC Center, )
Okhla, Phase -I, New Delhi 110 020 )
4.Kohinoor Institute of Nursing )
Through its Principal, Kohinoor Campus, )
Wasangaon, Ausa Road, Latur, )
Maharashtra - 413 512 ) ... Respondents
AND
WRIT PETITION NO. 11409 OF 2025
1. Tanuja Prashant Gahukar )
Age: 22 years, Occupation: Student )
Residing at- Post Gurudev Nagar, )
Taluka - Tiosa, Amravati, )
Maharashtra -444 902 )
2. Shreya Vinodrao Lande )
Age- 22 years, Occupation - Students )
Residing at - Residing at- Post Mozari )
Taluka - Tiosa, Amravati, )
Maharashtra -444 902 )
3. Bhagyashri Ashokrao Aaskar )
Age- 21 years, Occupation - Student )
Residing at Bedhona, Tahasil- Arvi, )
District - Wardha - 442 201 )
4. Vibhav Maruti Sontakke )
Age- 21 years, Occupation - Student )
Residing at- Asara, Tahasil- Bhatkuli )
District - Amravati - 444 602 ) ... Petitioners
Gauri Gaekwad 8 of 32
::: Uploaded on - 09/10/2025 ::: Downloaded on - 10/10/2025 00:54:03 :::
WP-5697-2025.odt
Versus
1.The State of Maharashtra, )
Through its Department of Medical )
Education And Drugs, Mantralaya, )
Mumbai - 400 032. )
2. Maharashtra State Board of Nursing and )
Paramedical Education, Directorate of )
Medical Education and Research, 4th Floor, )
St. Georges Hospital Campus, )
P. D'Melo Road, Fort, Mumbai - 400 001 )
3. Indian Nursing Council )
th
Having office at 8 Floor, NBCC Center, )
Okhla, Phase -I, New Delhi 110020 )
4. Fatema College of Nursing )
Through its Principal )
Near SDH Hospital, Satargaon Road, )
Tiosh, District - Amaravati, )
Maharashtra - 444 903 ) ... Respondents
AND
WRIT PETITION NO. 11412 OF 2025
Rangoli Sagar Gaikwad )
Age: 29 years, Occupation : Student )
Residing at - Kini Naware, Taluka - Ausa, )
Latur, Maharashtra - 413 520 ) ....Petitioner
Versus
1.The State of Maharashtra, )
Through its Department of Medical )
Education And Drugs, Mantralaya, )
Mumbai - 400 032 )
2. Maharashtra State Board of Nursing and )
Paramedical Education, Directorate of )
Medical Education and Research, 4th Floor, )
St. Georges Hospital Campus, )
P. D'Melo Road, Fort, Mumbai - 400 001 )
3. Indian Nursing Council )
th
Having office at 8 Floor, NBCC Center, )
Gauri Gaekwad 9 of 32
::: Uploaded on - 09/10/2025 ::: Downloaded on - 10/10/2025 00:54:03 :::
WP-5697-2025.odt
Okhla, Phase -I, New Delhi 110 020 )
4. Kohinoor RGNM Nursing School )
Through its Principal, )
Office ; Bus Stand, Municipal Council )
rd
Complex, 3 Floor, Ausa, Taluka- Ausa, )
Latur, Maharashtra - 413 520 ) ... Respondents
----
Mr. Pratik Balasaheb Rahade for the Petitioners in Writ Petition
Nos.11866/2025, 11411/2025, 11412/2025, 11409/2025 and 12431/2025.
Ms. Sakshi Thombre for the Petitioners in Writ Petition Nos.5706/2025,
5697/2025, 7574/2025, (stamp) no.18156/2025 and 8987/2025.
Ms. Sonali Pawar i/b. Mr. Sandeep Dere for the Applicant in
IA/10976/2025 and for Respondent No.2 in all Petitions.
Mr. Ajit Hon for Respondent No.3 in all Petitions.
Mr. P.P. Kakade, Addl. GP a/w. Mr. V.G. Badgujar, AGP and Mrs. G.R.
Raghuwanshi, AGP for the Respondent - State in all Petitions.
----
CORAM : RAVINDRA V. GHUGE
&
ASHWIN D. BHOBE, JJ.
RESERVED ON : 26th SEPTEMBER, 2025
PRONOUNCED ON : 09th OCTOBER, 2025
JUDGMENT (PER : RAVINDRA V. GHUGE, J.) :
1. Rule. Rule made returnable forthwith and heard finally by the
consent of the parties.
2. All these Petitioners have suffered cancellation of their
admissions to the 1st semester of the 1st Year (3 years course) by the Indian
Nursing Council (hereinafter referred to as 'INC'), due to which their
Gauri Gaekwad 10 of 32
WP-5697-2025.odt
admissions to the Auxiliary Nurse Midwifery (ANM)/General Nursing and
Midwifery (GNM), have been cancelled. The Respondent Nursing Colleges
have also informed the INC as well as the students about the cancellation
of their admissions. Yet, some of them have been allowed to sit in the
classrooms as if they are legally admitted students.
3. Therefore, some of these Petitioners approached this Court
seeking urgent orders as they were disallowed from appearing in the
1st semester of the 1st Year exam. The learned predecessor Bench passed an
ad-interim order on 29th July 2025, allowing the Petitioners to appear for
the 1st semester exam. All of them have, therefore, been permitted to appear
for the 1st semester examination, which begins from 23rd September, 2025,
and ends on 26th September, 2025.
4. These Petitioners are students who were admitted to the
3 years course in the admission process that started in October, 2024. They
secured admission to the ANM/GNM courses in the Nursing Colleges after
their 12th Standard exams. Thereafter, the INC commenced its routine
verification exercise. The INC informed the Registrar of the Maharashtra
State Board of Nursing and Paramedical Education (hereinafter referred to
Gauri Gaekwad 11 of 32
WP-5697-2025.odt
as 'the State Board'), Directorate of Medical Education and Research,
Mumbai, vide communication dated 24th February, 2025, which is as
under :
"Sub : To get Guidance on the following
matters - reg
Madam,
This has reference to your letter
no.MSBNPE/12588/2024 dated 24.02.2024 on the
subject noted above, by keeping in mind the eligibility
criteria for ANM and GNM programme, the Vocational
stream -specialization (extracted from the CBSE list of
Vocational Subjects- copy enclosed) as stated below can
be considered for the admission to ANM & GNM
programs :
• S.no.13 (c) Yoga Anatomy and Physiology,
• S.no.14 - Ophthalmic Techniques,
• S.no.15 - Medical Laboratory Technology (Laboratory
Machine (Clinical Pathology, Hematology &
Histopathology, Clinical Biochemistry, Microbiology)
• S.no.16 - Auxiliary Nursing & Midwifery
(Fundamentals of Nursing II, Community Nursing II,
Maternity & Child Health Nursing II) - (for GNM
program)
• S.no.17 - X-Ray Technician- (Radiation Physics,
Radiography I (General), Radiography II (Special
Investigation, Imaging and Radiograph)
This issues with the approval of Competent Authority."
Gauri Gaekwad 12 of 32
WP-5697-2025.odt
5. The Registrar of the Board, who was present in the Court hall
on 22nd September 2025, submitted that after due verification of the
Applications of these Petitioners, these 22 students (the Petitioners) were
found to have been admitted illegally, along with 68 others. He submitted
that these are not irregular admissions, but illegal admissions.
For example, our attention was drawn to one Petitioner,
namely, Kole Priyanka Tukaram. Her 12th Standard curriculum was in
the "HSC Vocational" stream. Following were her subjects for the
12th standard :
"01 ENGLISH
02 MARATHI
90 GENERAL FOUNDATION COURSE
X1 COMPUTER TECHNIQUE 1
X2 COMPUTER TECHNIQUE 2
X3 COMPUTER TECHNIQUE 3
31 ENVIRONMENT EDUCATION"
By way of another example, he has cited the case of the
Petitioner, Mhaske Balaji Navnath, who had the following subjects in his
HSC Vocational stream :
"01 ENGLISH
02 MARATHI
90 GENERAL FOUNDATION COURSE
L4 CROP SCIENCE 1
L5 CROP SCIENCE 2
L6 CROP SCIENCE 3
31 ENVIRONMENT EDUCATION"
Gauri Gaekwad 13 of 32
WP-5697-2025.odt
6. The learned Advocate for the Board submitted that though a
candidate may have done his HSC from the Arts or Commerce faculty with
a Vocational stream, and if the subjects are in terms of those mentioned in
the communication of the Board dated 24th February, 2025 reproduced
above, they could be admitted. The INC had given guidance vide the
communication dated 24th February, 2025, making it clear that the students
who had any of the subjects mentioned in the said list, at the 12 th Standard,
could be admitted for the ANM/GNM.
7. The Petitioners have contended in their pleadings that the
official website of the Board carries the guidelines under the head
'Admission Terms and Condition' of 'Guidelines and Minimum
Requirements to Establish General Nursing and Midwifery School of
Nursing' (hereinafter referred to as 'the guidelines'). The minimum
requirement for the said GNM course is 10 + 2 with English and having
40% marks in Vocational stream - Health Care Science from a recognized
State Board or the Central Board.
8. It is further contended that there were several students who
have been admitted by these Respondent Colleges since 2012, though their
Gauri Gaekwad 14 of 32
WP-5697-2025.odt
Vocational course subjects did not match with the prescribed subjects. Yet,
such candidates were admitted and permitted to pass out with
Degree/Diploma certificates. The present Petitioners, therefore, should not
be faulted on the ground that their admissions are illegal. The Petitioners
have paid Rs. 60,000/- per Petitioner towards fees of the 1 st Year of the
GNM course.
9. It is further contended that these Petitioners were attending
their classes regularly and had completed the 1 st Term. After seven months
of their admission, the Management received communications from the
Board declaring that the Petitioners' admissions were cancelled. There are
many Nursing Colleges who have admitted students for the GNM course,
who had non-health subjects or other subjects in their Vocational stream
and yet, they were permitted to pursue their courses. If earlier, the illegal
admissions of such students were not cancelled, then the admissions of
these Petitioners should also not be cancelled.
10. When some of these matters were heard by the learned
predecessor Bench on 29th July 2025, it was recorded in paragraph nos. 2 to
8, as under :
Gauri Gaekwad 15 of 32
WP-5697-2025.odt
2. It is the case of the petitioners that they applied for
General Nursing and Midwifery Course ('GNM
Course', for short) for academic year 2024-25 in
respondent no. 3 - College in August 2024. There is no
dispute that the petitioners have passed 10th to 12th
Standard examination with English as vocational
stream having 40% marks. However, guidelines for
GNM Course programme to be conducted in academic
year 2024-25 provides the following criteria
"EDUCATION:
. Candidates should have passed in HSC
Examination (10+2) with English and must have
obtained a minimum of 40% at qualifying
examination conducted by Maharashtra State
Board of Secondary and Higher Secondary
Education or Equivalent, with any stream
(Science/Arts/Commerce) preferably science.
. 10+2 with English having 40% of marks in
vocational Stream Health Care Science (including
medical laboratory technician, Radiology
Technician, Child Healthcare services, Old Age
Health Care services, ophthalmic technicians)
from a recognized CBSE-board/Centre.
. Candidates are also eligible from State open
School recognized by State Government and
National Institute of Open School (NIOS)
recognized by Central Government.
. Registered ANM with pass mark."
3. Admittedly, the petitioners do not fulfill the
eligibility criteria. Shri Dere, learned counsel for
respondent no.2 invited our attention to the provisions
of the Maharashtra State Board of Nursing and
Paramedical Education 2013. The relevant portion of
Section 24 of the same provides as under :
Gauri Gaekwad 16 of 32
WP-5697-2025.odt
"24(1) Subject to the provisions of this Act, the
powers and duties of the Board shall be as
follows, namely :-
......
(c) to prescribe and regulate standard guidelines
for selection, infrastructure for nursing and
Paramedical Education Institutions, requirements
in respect of staff, buildings, furniture,
equipments, stationary and other things required
for diploma level courses;
(d) to prescribe and develop any book as text
book and reference book or to prepare or cause to
be prepared any book and print or non-print
material or to publish directly or in collaboration
with any other agency, any kind of learning
material for diploma level courses;
(e) to prescribe the general conditions governing
admission of regular candidates and ex-candidates
to the examinations and to specify the conditions
relating to eligibility, attendance, term-work and
on the fulfilment of which a candidate shall have
a right to be admitted to and appear at any such
examination.
....."
4. Shri Dere therefore submits that it is imperative for
respondent no.3- College to adhere to this statute. Shri
Dere further submits that respondent no.3- College was
very well aware of the eligibility criteria and in fact in
June 2024 itself, respondent no.2 on its website and by
all possible modes had clearly indicated the eligibility
requirement for admission for said GNM Course.
Despite such stipulation, respondent no.3- College
proceeded to admit the petitioners in the College for
the said Course. In this view of the matter, it is
Gauri Gaekwad 17 of 32
WP-5697-2025.odt
submitted that the respondent no.2 is strictly following
the provisions of the said Act and directions issued by
Indian Nursing Council ("INC", for short) and hence
no relief can be granted to the petitioners.
5. It is pointed out by learned counsel for the
petitioners that so far as 2nd and 3rd years students are
concerned, they are similar situate as the present
petitioners and no action has been taken against them.
The said Course is of 3 years. If at all there is default, it
is on the part of the College for which the petitioners
should not be made to suffer. According to the
respondent no. 3- College, the petitioners have already
completed substantial portion of the first year which is
disputed by Shri Dere. Learned counsel for respondent
no.3 submits that the College is continuing with the
classes and allowing the petitioners to attend the
classes. The examination of the 1st year is scheduled
on 07/08/2025. Shri Dere submitted that the respondent
no.3-College has cancelled the admission.
6. Prima facie, we find that there is substance in the
submission of Shri Dere that respondent no.3- College
in the first instance should not have admitted the
students who do not fulfill the criteria. However, we
find that the 2nd and 3rd years students who are similar
situate as the petitioners are concerned, they are still
attending the College and permitted to pursue the
Course. In the interest of students and as the students
should not suffer, we are inclined to grant limited relief
in favour of the petitioners subject to hearing INC.
7. In such view of the matter, leave to implead INC as
a party respondent is granted. Amendment to be carried
out forthwith.
8. Accordingly, the petitioners are allowed to appear
for the examination which are scheduled to commence
from 07/08/2025 and attend the classes. It is however
made clear that the results shall not be declared and the
Gauri Gaekwad 18 of 32
WP-5697-2025.odt
continuation of the Course of the petitioners is subject
to the outcome of this petition. The petitioners shall not
claim any equity in the event we find that the petition
deserves to be dismissed after considering the stand of
INC.
[Emphasis supplied]
11. It is, thus, evident that, while granting limited ad-interim
relief, this Court had realised that these Petitioners were not eligible to be
admitted to the course in the 1st Year. They were allowed to appear for the
1st semester exams because their seniors, who are also ineligible, were
appearing for their exams in the 2nd or 3rd Year.
12. The guidelines published by the Board on 18th June, 2024,
which is placed on record before us, were the guidelines to be followed for
the ANM/GNM courses for the Academic Year 2024-2025. The relevant
criteria for the GNM admissions were reproduced in the order of this Court
dated 29th July, 2025, reproduced herein above.
13. Some of the Managements in these cases have tendered their
affidavits in reply. More or less, their stand is almost identical. It is their
contention that the Board had forwarded the list of students to be admitted
in these Colleges. The cut-off date for the admissions was 31 st October,
Gauri Gaekwad 19 of 32
WP-5697-2025.odt
2024. It is admitted that the criteria for the admission of students for the
previous three Academic Years 2021-2022, 2022-2023, and 2023-2024,
was specified and the Vocational course was one of them. It is in these
circumstances that the list of students forwarded to the College by the
Board was accepted by these Colleges and the students were admitted.
After admitting such students, cancelling their admissions on the ground
that they did not have the requisite educational qualifications, would be
unfair and unjust.
14. The learned Advocate for the Board has relied on the affidavit
filed and the written notes of submissions. The contention of the Board is
that the Managements have indulged in blatant violation of the regulatory
framework and have willfully admitted students only to fill up all their
seats, by ignoring the necessary educational qualifications. The admission
process concluded in November, 2024. In December, 2024, the Board
initiated the verification exercise. Specific document verification was
conducted in the four Institutions that were identified for the said purpose,
on 28th January, 2025 at Ratnagiri, 4th February, 2025 at Kolhapur, 10th
March, 2025 at Raigad, and 18th March, 2025 at Sangli.
Gauri Gaekwad 20 of 32
WP-5697-2025.odt
Thereafter, the orders of cancellation of admissions of
90 students were passed March, 2025. More than 90 students voluntarily
cancelled their admissions after the Colleges also cancelled their
admissions. 22 students amongst these 90 students have approached this
Court, in July 2025, and have obtained ad-interim orders for appearing for
their 1st semester exam, on misrepresentation. 68 students whose
admissions were cancelled have left the courses and have not approached
this Court.
In the previous Academic Year, the Board had cancelled the
admission of 100 students who did not possess the requisite educational
qualifications. It is, therefore, urged that permitting such Petitioner students
to appear for exams on the ground that other students in the 2 nd or 3rd Year
are also illegally admitted, knowing that these Petitioners have been
illegally admitted to the courses, would be a mockery of the admissions
process.
15. It is further canvassed that if illegal admissions are allowed to
be continued, the functioning and credibility of the GNM Nursing Course
would be seriously jeopardized and those students who are eligible to be
admitted, would lose the legitimate opportunity of securing admission to
Gauri Gaekwad 21 of 32
WP-5697-2025.odt
the GNM course. He submits that these courses like GNM, ANM are
critical to the Nursing activities in the Hospitals. Midwifery, which means a
person who is trained to help women deliver babies, is an integral part of
such courses. If candidates without the requisite qualifications are admitted
to such courses, the entire educational program and the specific
qualifications prescribed by competent Authorities would be rendered
otiose.
16. He further submits that the Maharashtra Government has
introduced the Medical State Board of Nursing and Paramedical Education
Act, 2013 (hereinafter referred to as "the 2013 Act"), which is squarely
applicable to such courses and such Colleges.
17. A judgment of this Court is cited, to which one of us (Ravindra
V. Ghuge, J.) is a party, dated 13 th April, 2023, delivered at the Aurangabad
Bench in a group of Writ Petitions, Writ Petition No.1771 of 2023 ( Areeb
Hasan Ansari and Ors. v/s. The State of Maharashtra and Ors. ). In the said
matter, the Petitioners were admitted to Graduation courses of
BHMS/BAMS/BUMS/ BPTH/B.Sc. Nursing. The Admission Regulating
Authority (ARA) had cancelled their admissions only because they did not
Gauri Gaekwad 22 of 32
WP-5697-2025.odt
have the caste/tribe validity certificates at the time of their admissions and
had not tendered them before the cut-off date.
It is in these circumstances that the Aurangabad Bench
delivered an exhaustive judgment and imposed costs on the Managements
for admitting students without validity certificates, at the rate of
Rs.50,000/- per student. However, as the Petitioners had tendered their
caste validity certificates after the cut-off date, their admissions were
regularised. In National Medical Commission and Anr. v/s. Annasaheb
Chudaman Patil Memorial Medical College and Ors. , Civil Appeal No.966
and 967 of 2023, decided on 10th February, 2023, cost of Rs.2.5 Crores was
imposed on the Management by the Hon'ble Supreme Court, with the
direction that the said amount would not be recovered from the students.
18. In order to be very sure that the 22 Petitioners (68 others have
not approached this Court) are factually ineligible to be admitted, we have
collated the following information:-
Sr. Name of the Student Qualification
No.
A) WP 11866 of 2025
1. Priyanka Tukaram HSC in Vocational Stream - 66.00%
Kole Subjects:- English, Marathi, General Foundation
Course, X1 Computer Technique 1, X2 Computer
Gauri Gaekwad 23 of 32
WP-5697-2025.odt
Technique 2, X3 Computer Technique 3, Environment
Education
2. Balaji Navnath HSC in Vocational Stream - 58.31%
Maske Subjects:- English, Marathi, General
Foundation Course, L4 Crop Science 1, L5
Crop Science 2, L6 Crop Science 3,
Environment Education
B) WP 5697 of 2025
3. Nandini Prakash HSC in Vocational Stream - 57.83%
Ingawale Subjects:- English, Marathi, General
Foundation Course, UA Accounting & OFF
Management 1, UB Accounting & OFF, UC
Accounting & OFF Management,
Environment Education & Water Security,
Health & Physical Education.
4. Om Mayur Koli HSC in Vocational Stream - 43.17%
Subjects:- English, Marathi, General
Foundation Course, UA Accounting & OFF
Management 1, UB Accounting & OFF, UC
Accounting & OFF Management,
Environment Education & Water Security,
Health & Physical Education.
C) WP 5706 of 2025
5. Purvaja Pramod HSC from Vocational Stream - 52.83%
More Subjects:- English, Marathi, General
Foundation Course, UA Accounting & OFF
Management 1, UB Accounting & OFF, UC
Gauri Gaekwad 24 of 32
WP-5697-2025.odt
Accounting & OFF Management,
Environment Education & Water Security,
Health & Physical Education.
6. Ashlesha Sudhakar HSC from Vocational Stream - 58.50%
Tandel Subjects:- English, Marathi, General
Foundation Course, UA Accounting & OFF
Management 1, UB Accounting & OFF, UC
Accounting & OFF Management,
Environment Education & Water Security,
Health & Physical Education.
D) WP 7574 of 2025
7. Makandar HSC from vocational stream - 55%
Mustakim Miraso Subjects:- English, Marathi, General
Foundation Course, MA Animal Husbandry &
Dairy 1, MB Animal Husbandry & Dairy 2,
MC Animal Husbandry & Dairy 3,
Environment Education & Water Security,
Health & Physical Education.
E) WP 8987 of 2025
8. Om Bhagwan HSC from Vocational Stream - 48.33%
Shinde Subjects:- English, Marathi, General
Foundation Course, UA Accounting & OFF
Management 1, UB Accounting & OFF, UC
Accounting & OFF Management,
Environment Education & Water Security,
Gauri Gaekwad 25 of 32
WP-5697-2025.odt
Health & Physical Education.
F) WP (St.) 18156 of 2025
9. Kale Sangram HSC from vocational stream - 52.33%
David Subjects:- English, Marathi, General
Foundation Course, BLDG Maintenance 1,
BLDG Maintenance 2, BLDG Maintenance 3,
Environment Education.
G) WP 11411 of 2025
10. Vaishnavi Vinod HSC from vocational stream - 74%
Adgale Subjects:- English, Marathi, General
Foundation Course, FA Electrical Technology
1, FB Electrical Technology 2, FC Electrical
Technology 3, Environment Education &
Water Security, Health & Physical Education.
11. Nikita Sugriv HSC from vocational stream - 79%
Adgale Subjects:- English, Marathi, General
Foundation Course, FA Electrical Technology
1, FB Electrical Technology 2, FC Electrical
Technology 3, Env. Edu. & Water Security,
Health & Physical Education.
12. Meera Rajendra HSC from vocational stream - 62.33%
Wadhchaure Subjects:- ONLY CODES GIVEN
13. Priti Sugriv Adgale HSC from vocational stream - 82.62%
Subjects:- English, Marathi, General
Foundation Course, FA Electrical Technology
1, FB Electrical Technology 2, FC Electrical
Gauri Gaekwad 26 of 32
WP-5697-2025.odt
Technology 3, Environmental Education,
Health & Physical Education.
H) WP 11409 of 2025
14. Tanuja Prashant HSC from vocational stream - 68.83%
Gahukar Subjects:- English, Marathi, General
Foundation Course, UA Accounting & OFF
Management 1, UB Accounting &
OFF Management 2, UC Accounting & OFF
Management 3, Environmental Education &
Water Security, Health & Physical Education.
15. Shreya Vinodrao HSC from vocational stream - 68.17%
Lande Subjects:- English, Marathi, General
Foundation Course, UA Accounting & OFF
Management 1, UB Accounting &
OFF Management 2, UC Accounting & OFF
Management 3, Environmental Education &
Water Security, Health & Physical Education.
16. Bhagyashri HSC from vocational stream - 61%
Ashokrao Aaskar Subjects:- English, Marathi, General
Foundation Course, FA Electrical Technology
1, FB Electrical Technology 2, FC Electrical
Technology 3, Environmental Education,
Health & Physical Education.
17. Vaibhav Maruti HSC from vocational stream - 72.83%
Sontakke Subjects:- English, Marathi, General
Foundation Course, GA Automobile
Gauri Gaekwad 27 of 32
WP-5697-2025.odt
Technology 1, GB Automobile Technology
2, GC Automobile Technology
3, Environmental Education, Health &
Physical Education.
I) WP 11412 of 2025
18. Rangoli Sagar HSC from vocational stream - 60%
Gaikwad Subjects:- English, Hindi, General Foundation
Course, Building Maintenance 1, Building
Maintenance 2, Building Maintenance 3,
Environmental Education, Health & Physical
Education.
J) WP 12431 of 2025
19. Vaishali Gautamrao HSC from Vocational stream - 62%
Sardar Subjects:- English; Marathi; General
Foundation Course; VA Marketing & Retail
Management 1; VB Marketing & Retail
Management 2; VC Marketing & Retail
Management 3; Environmental Education &
Water Security; Health & Physical Education.
20. Priti Sharad Kharate HSC from MCVC stream - 70.17%
Subjects:- English; Marathi; General
Foundation Course; Q1 Creche & Pre-School
Management 1; Q2 Creche & Pre-School
Management 2; Q3 Creche & Pre-School
Management 3.
21. Prangalli Prakash HSC - 51.85%
Gauri Gaekwad 28 of 32
WP-5697-2025.odt
Gawai Subjects:- English, Marathi, General
Foundation Course, FA Electrical Technology
1, FB Electrical Technology 2, FC Electrical
Technology 3, Environment education, Health
and Physical Education.
22. Mayur Motiram HSC from Vocational stream - 29.08% - FAIL
Kudve (February 2017)
HSC - PASS (2nd attempt)
(May 2018)
Subjects:- English, Marathi, General
Foundation Course, K1 Auto Engg.
Technician 1, K2 Auto Engg. Technician 2, K3
Auto Engg. Technician 3, Environment
Education, Health and Physical Education.
19. The peculiar issues before us today, are as under :
(a) Whether the High Court should turn a blind eye to
the illegal admissions?
(b) If the INC may have incorrectly recommended a
list of candidates to the Colleges without scrutiny and
later on, the Maharashtra Board conducted the
documents verification and noticed that 90 students
have been granted illegal admissions in the
1st semester itself (at the beginning of the three years
course), should the High Court condone such illegal
admissions, which problem can be nipped in the bud?
(c) Is it relevant that the admissions of these students
have been cancelled at the beginning of their course as
compared to cases wherein the students may have
Gauri Gaekwad 29 of 32
WP-5697-2025.odt
completed the entire course and thereafter, it is noticed
that their admissions are illegal?
20. The Hon'ble Supreme Court in the case of Tinku v/s. State of
Haryana and Ors.1 has crystalized the law against perpetuating illegality
and irregularity and has held in paragraph no.11, as under :
11. The very idea of equality enshrined in Article 14 is
a concept clothed in positivity based on law. It can be
invoked to enforce a claim having sanctity of law. No
direction can, therefore, be issued mandating the State
to perpetuate any illegality or irregularity committed in
favour of a person, an individual, or even a group of
individuals which is contrary to the policy or
instructions applicable. Similarly, passing of an illegal
order wrongfully conferring some right or claim on
someone does not entitle a similar claim to be put forth
before a court nor would court be bound to accept such
plea. The court will not compel the authority to repeat
that illegality over again. If such claims are entertained
and directions issued, that would not only be against
the tenets of the justice but would negate its ethos
resulting in the law being a causality culminating in
anarchy and lawlessness. The Court cannot ignore the
law, nor can it overlook the same to confer a right or a
claim that does not have legal sanction. Equity cannot
be extended, and that too negative to confer a benefit
or advantage without legal basis or justification.
21. The peculiarity in these cases is that even the Petitioners admit
that they do not fulfill the requisite qualifications. It is their contention that
the College Managements have admitted them by charging them
1 2024 SCC OnLine SC 3292
Gauri Gaekwad 30 of 32
WP-5697-2025.odt
Rs.60,000/- each. They seek negative parity with some students whose
admissions are also illegal and are presently in the 2nd and 3rd Years. Their
admissions are intact.
22. In our view, it would be injustice to those who have lost their
admissions because of such illegal admissions. So also, the Managements
seem to have got emboldened by continuing to admit students who
otherwise are ineligible to be admitted. Having noticed the illegal
admissions of the Petitioners, who are amongst 90 such cancelled
admission, of the very 1st semester of the 1st Year, no equities are created in
favour of the Petitioners.
23. In view of the above, all these Writ Petitions are dismissed.
However, we are issuing the following directions :
a] The admissions of all the Petitioners stand cancelled.
b] The results of the examination taken by these
Petitioners under the ad-interim orders of this Court,
shall not be declared for 45 days, to the extent of these
Petitioners only.
c] The answer sheets of these Petitioners be preserved
for only 45 days and thereafter, the physical copies be
destroyed. The scanned soft copies be preserved for the
statutory period.
Gauri Gaekwad 31 of 32
WP-5697-2025.odt
d] The competent Authority shall initiate action against
these Managements for having illegally admitted the
students, by following the due procedure laid down in
law. Such inquiry/action will include :
(i) scrutiny of all admissions for a period of
5 preceding years.
(ii) if illegally admitted students are in advanced
educational curriculum, viz., the third year, their
admissions be protected and appropriate strict
action be taken against the Managements and also
erring officials of any statutory bodies, keeping in
view the law laid down in Areeb Hasan Ansari
(Supra).
e] The Managements shall return the entire fees
collected from the Petitioners, within 45 days from
today.
f] The Managements shall pay Rs.1 lakh to each of the
Petitioners, towards damages for the loss of one year,
within 45 days from today.
24. Rule is discharged.
25. Pending Interim Application, if any, also stands disposed off.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
Gauri Gaekwad 32 of 32
