Delhi High Court
St. Stephen'S Hospital College Of ... vs Union Of India & Ors. on 3 June, 2022
$~11
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 03.06.2022
+ LPA 393/2022, CM APPL Nos. 28243/2022, 28244/2022 &
28245/2022
ST. STEPHEN'S HOSPITAL COLLEGE OF
NURSING ..... Appellant
Versus
UNION OF INDIA & ORS. ..... Respondents
Advocates who appeared in this case:
For the Appellant : Mr. Rajeev Sharma, Senior Advocate with
Ms. Shruti Sharma and Mr. Saket Chandra,
Advocates
For the Respondents: Mr. T.P. Singh, Senior Central Government
Counsel for R-1
Mr. Alok Jain, Advocate for Indian Nursing
Council
Ms. Ekta Sikri, Advocate for GGSIPU
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Appellant impugns judgment dated 27.05.2022 whereby the
petition filed by the Petitioner, seeking quashing of Notification dated
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23.12.2021 extending the last date of completing admission to B.Sc
(Hons) Nursing Course for the Academic Session 2021-2022 upto
15.06.2022, has been dismissed.
2. Appellant is a college affiliated to Guru Gobind Singh
Indraprastha University ("GGSIPU") and inter alia, conducts the
course of B.Sc Nursing. The National Eligibility-cum-Entrance Test
("NEET") for the said course was conducted in September, 2021 and
result declared in December, 2021.
3. Indian Nursing Council, which is the parent Body, fixed the last
date of admission as 21.03.2022. The date was thereafter extended to
31.03.2022.
4. A writ petition was filed in the High Court of Judicature at
Bombay (Aurangabad Bench) by one of the colleges, though not part
of the concerned University. The High Court of Judicature at Bombay
(Aurangabad Bench) by its judgment dated 31.03.2022 extended the
last date of admission to 07.04.2022 for the Nursing Course.
5. The grievance of the Appellant is that for the colleges affiliated
with the University but run by the Central Government, the admission
process continued upto 15.05.2022, whereas the admission process for
the Appellant and other non Central Government Colleges, was closed
on 07.04.2022.
6. It is contended by learned Senior Counsel for the Appellant that
the appellant has been discriminated and it is prayed that the
admission process be permitted to be continued for another period of
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atleast a week to enable filling up of the unfilled seats in the appellant-
College. Learned Senior Counsel for the appellant submits that the
academic session commenced only on 23.05.2022.
7. By the impugned judgment, learned Single Judge has held that
Indian Nursing Council is a Statutory Autonomous Body operating
under the aegis of the Ministry of Health and Family Welfare, which
lays down the standards of Nursing and also lays down the mode and
manner for filling up the seats in Nursing Colleges. Medical
Counselling Committee is responsible for conducting counselling for
15% of All India Quota Seats for undergraduate Courses - which
comprises of seats in Central Government Hospitals and Colleges. It is
an admitted position that the seats in the appellant-College would also
be filled up on All India basis.
8. Learned Single Judge has noticed that the time period
prescribed for carrying out the admission process for the appellant as
well as non-governmental colleges was restricted by Indian Medical
Council upto 31.03.2022, which was later extended upto 07.04.2022.
9. Learned Senior Counsel for the appellant contends that the cut-
off date was fixed for all colleges irrespective of whether they were
Central Government colleges or non-Central Governmental Colleges.
However, the admission process for Central Government Colleges
affiliated to GGSIP University was permitted to continue upto
15.05.2022. He submits that in view of the discrimination against the
appellant, appellant should also be permitted to continue with the
admission process for at least a week.
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Signing Date:04.06.2022
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10. Learned counsel appearing for Indian Nursing Council submits
that cut-off date was 31.03.2022, which was extended by the High
Court of Judicature at Bombay (Aurangabad Bench) to 07.04.2022
and for all colleges across the country the said cut-off date was
followed and no admission was permitted in non-Central Government
Colleges after 07.04.2022.
11. Learned Counsel submits that in case the extension was granted,
it would have an percolating effect on all colleges across the country,
which are nearly two thousand in number. He further submits that
academic session is likely to be affected for the reason that if the date
is extended, the academic session which has commenced in several
colleges would be adversely affected. He further submits that NEET
Examination for the next year i.e. Academic Session 2022-23 is
already under process and is likely to be held soon.
12. It is submitted by learned counsel appearing for the GGSIP
University that for the next Academic Session 2022-23, the admission
process for 85% seats which are filled up by the colleges on their own
has already commenced.
13. Learned counsel appearing for GGSIP University further
submits that for all the non-Central Government colleges under the
University, the counselling ended on 07.04.2022 and thereafter no
admission was permitted in any of the non-Central Government
colleges.
14. We find merit in the contention of learned counsel appearing for
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Indian Nursing Council as well as the University that in case the date
is further extended, it is likely to have a percolating effect on all
colleges across the country and is likely to gravely affect the academic
session. The seats which are sought to be filled up are seats for the
academic session 2021-22. Academic session which got delayed on
account of the Pandemic. Under normal circumstances, teaching for
the academic session 2021-22 would have already been over by the
end of May and examinations would have already been underway.
However, in the peculiar facts and circumstances that prevailed in the
last two years, the admission process has got delayed, however, that
does not mean that process should be further delayed. This may really
result in a zero year for the students, which is not something which is
going to be for the benefit of either the students or the colleges.
15. Another reason for dismissal of the petition as noticed by the
learned Single Judge is that admission process for the next academic
session is already underway and extending the cut-off date would
result in disruption of the academic schedule.
16. Looked at from any angle, we find no infirmity in the view
taken by the learned Single Judge in the impugned judgment in
declining to entertain the petition and extending the cut-off date. We
are also of the view that any extension of the date would disrupt the
academic session. Consequently, we find no reason to interfere with
the impugned order and find no merit in the appeal.
17. Appeal along with the applications filed herewith is,
accordingly, dismissed.
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18. Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J
TUSHAR RAO GEDELA, J
JUNE 03, 2022/'yg'
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Signing Date:04.06.2022
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