Delhi High Court
Saloni Yadav & Ors. vs Union Of India And Ors on 4 May, 2022
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision : 04.05.2022
+ W.P.(C) 6834/2022 & CM APPL. 20791/2022 -Stay.
SALONI YADAV & ORS.
..... Petitioner
Through: Mr. Saurabh D. Karan Singh, Ms.
Kanika Jain and Mr. Ishan Sharma, Advs.
versus
UNION OF INDIA AND ORS
..... Respondent
Through: Mr. Alok Singh, Sr. Panel
Counsel, UOI with Ms. Seema Singh, G.P. and
Mr. Gaurav Bhardwaj, Adv. with Lt. Col.
Sandip Singh.
Major Partho Katyayan for respondent.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
REKHA PALLI, J (ORAL)
1. The petitioners, who aspire to pursue B.Sc. (Nursing) in various
colleges being run by the respondents, have approached this Court
assailing the notification dated 22.04.2022 published by the
respondents on its web-portal informing the prospective
candidates that only candidates who clear the NEET UG-2022
exam will be eligible for admission to the B.Sc. (Nursing) course
in MNS for the academic session 2022-23.
Signature Not Verified
Digitally Signed
By:GARIMA MADAN
Signing Date:05.05.2022
12:36:08
2. Learned counsel for the petitioners submits that for the last many
years, admission to B.Sc (Nursing) in the institutes run by the
respondents was based on a computer based entrance examination
being conducted by the respondents. In the said examination, the
candidates were tested in General English, General Intelligence
and Science with 50 marks being allotted for each of these three
subjects. However, at the fag end of the academic session, the
respondents have suddenly issued a notification making the
requirement of a candidate qualifying the NEET-UG exam as a
pre-requisite for admission to B.Sc (Nursing) without appreciating
the fact that the pattern of NEET-UG exam is entirely different
from the computer based examination earlier held by the
respondents. In the NEET-UG examination, the students are tested
in detail, on different science subjects without any weightage
being given to General English and General Intelligence. He,
therefore, contends that this last-minute change in the exam
pattern has caused grave prejudice to the candidates as a majority
of candidates have been preparing for General English and
General Intelligence subjects for the last few months in order to
appear in the entrance examination as they were under a bonafide
belief that the entrance examination for B.Sc (Nursing) would be
conducted on the same pattern as was being followed for the last
many years.
3. He further submits that even otherwise, the last date for applying
for NEET-UG, 2022 is 06.05.2022 and therefore there is very little
time for the candidates to apply and appear in the said exam. He,
Signature Not Verified
Digitally Signed
By:GARIMA MADAN
Signing Date:05.05.2022
12:36:08
therefore, prays that the impugned notification be quashed and the
respondent be directed to conduct the exam on the pattern being
followed by them for the last many years.
4. On the other hand, Mr. Alok Singh, learned counsel for the
respondents, vehemently opposes the petition. He hands over a
compilation of documents which is taken on record and submits
that the petitioners' plea that they have been taken by surprise by
this change in the exam pattern is wholly misplaced. He submits
that for the last many years, the National Testing Agency (NTA)
as well as the various state governments have been issuing
guidelines making it clear that the future admissions to B.Sc.
(Nursing) course would be based on the marks obtained by a
candidate in the NEET-UG examination. This change in the exam
pattern was necessitated in order to improve the standards of
nursing education in the country and to ensure that students who
join the B.Sc. (Nursing) course in premier institutions like those
being run by the respondents are well qualified.
5. He further submits that the petitioners' grievance that they have
now been caught unaware and therefore cannot apply for the
NEET-UG exam has been already taken care of by the
respondents as a further notification dated 01.05.2022 has been
issued by the NTA, extending the last date for submitting
applications to appear in the NEET-UG exam, 2022 till
15.05.2022. He therefore contends that in the light of this revised
notification issued on 01.05.2022, the petitioners now have
sufficient time to apply for and appear in the NEET-UG exam
Signature Not Verified
Digitally Signed
By:GARIMA MADAN
Signing Date:05.05.2022
12:36:08
which is scheduled to be held on 17.07.2022.
6. Mr. Singh further submits that even otherwise, once the degree in
B.Sc (Nursing) is to be awarded by the affiliating universities who
have already adopted the system of granting admission to B.Sc.
(Nursing) course on the basis of the NEET-UG exam, the
respondents have no other option but to adopt the said criteria.
Mr. Singh finally submits that even the petitioners' apprehension
that their preparation in General English and General Intelligence,
for the last many months will go waste, is wholly misplaced as the
respondents are in the process of issuing a detailed circular which
will be published not only in leading newspapers but also on its
web portal informing the candidates that the selection for
admission to B.Sc (Nursing) will not be based solely on the basis
of the NEET-UG score but will also be based on their
performance in the Computer Based Tests (CBT) in General
English and General Intelligence as also a Psychological
Assessment Test (PAT) followed by an interview and medical
examination. Thus, the final selection will be based on the
combined merit of the performance of a candidate in NEET-UG,
the CBT and interview, subject to the medical fitness. He,
therefore, prays that the writ petition be dismissed.
7. Having considered the submissions of learned counsel for the
parties and perused the record, I am of the view that at the first
blush, the grievance of the petitioners appears to be merited as the
respondents have admittedly changed the pattern for selection of
candidates for admission to B.Sc. (Nursing) only on 22.04.2022.
Signature Not Verified
Digitally Signed
By:GARIMA MADAN
Signing Date:05.05.2022
12:36:08
However, what emerges is that on account of the extension
granted by the NTA to apply for the NEET-UG exam and taking
into account the fact that the NEET-UG exam is scheduled to be
held on 17.07.2022, the petitioners and all other candidates will
still get more than two months' time to prepare and appear in the
NEET-UG, 2022. In these circumstances, the petitioners' plea that
they will not have sufficient time to apply and prepare for NEET-
UG is without any merit and therefore no prejudice will be caused
to the interested students to prepare for the NEET-UG exam,
which is now a mandatory condition for seeking admission to
B.Sc (Nursing) course.
8. In so far as the petitioners' grievance that the syllabus for the
entrance test has been radically changed, I am of the considered
view that once the experts in the field have taken a considered
decision regarding the eligibility conditions and the subjects on
which the prospective candidates for admission to the B. Sc
(Nursing) course should be tested, this Court ought not to interfere
with the same unless it is found to be totally perverse or arbitrary.
Moreover, since it is an admitted position that most of the
universities including the Delhi University and those in the state of
Maharashtra, with which the nursing institutes run by the
respondents are affiliated, have already issued guidelines directing
that the admissions to B.Sc (Nursing) should be based only on
NEET-UG examination, the respondents were fully justified in
prescribing the same eligibility criteria as prescribed for the
NEET-UG, for admission to the B.Sc (Nursing) in their institutes
Signature Not Verified
Digitally Signed
By:GARIMA MADAN
Signing Date:05.05.2022
12:36:08
as well. It is not the petitioners' case that the syllabus for NEET-
UG exam, 2022 is different from syllabus of Class XII and
therefore, merely because the students will now be tested in more
detail in the science subjects cannot be a reason to interfere with
the well-considered decision of the experts.
9. The petitioners' plea that since they have been preparing General
English and General Intelligence for the last many months as per
the earlier syllabus for the entrance examination, the respondents
ought to follow the earlier pattern for this year as well, is also
without any merit. It has been categorically stated by the
respondents that the final selection for admission to B.Sc
(Nursing) will be based not only on the results of the NEET-UG
2022 but on the combined merit of performance of a candidate in
NEET UG, the CBT and interview subject to the medical fitness
and therefore, it is not as if the preparation in General English and
General Intelligence, which the petitioners claim to have been
made for the entrance exam will go waste.
10.I therefore find no infirmity in the decision of the respondents to
include a mandatory eligibility condition of qualifying the NEET-
UG as per the criteria fixed by the NTA, as a pre-condition for
admission to the B.Sc (nursing) in their institutes. The writ
petition is accordingly dismissed without no orders as to costs.
(REKHA PALLI)
JUDGE
MAY 4, 2022
acm
Signature Not Verified
Digitally Signed
By:GARIMA MADAN
Signing Date:05.05.2022
12:36:08
