"Admission Process Can't Be Endless": Supreme Court Dismisses Pleas Seeking Additional Mop-Up Round For Filling Vacant Seats In Nursing Courses

A vacation bench of Justices MR Shah and Aniruddha Bose while dismissing the pleas observed that the time schedule for admission in an educational institution has to be adhered to.

The bench in the order further said,

"High Court has rightly refused to entertain the plea and grant any relief of further mop-up round to fill up seats which have remained vacant. Submission of the petitioners that so far as 2 other institutions are concerned, the same was extended is neither here nor there. There cannot be any negative discrimination. With respect to all other institutions, the time limit has been adhered to. Even the date May 15 has also gone. The process of admission to an educational institution cannot be endless and must come to an end at a particular time. Any extension or deviation from the time schedule may affect education."

The observations were rendered in the SLP assailing Delhi High Court's order of dismissing writ seeking to quash notification dated December 23, 2021, which extended the last date of completing admission to BSc (Hons), Nursing for the academic session up to June 15 ("impugned judgement")

While dismissing the petition, the division bench of Justices Sanjeev Sachdeva and Tushar Rao Gedela had said, "We find merit in the contention of the learned counsel appearing for 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. The 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."

In the hearing today, counsel appearing for St Stephens Hospital College of Nursing submitted that the petitioner which was a college affiliated to GGSIPU had contended that the admission process for colleges affiliated to the University but run by the Central Government be continued till May 15 but, for the appellant and other non-Central Government-run colleges the process was closed on April 7, 2022.

The counsel further contended that "Cut off date is March 31 & the admissions have gone till May 15. For 2 colleges out of 6, the admission goes till May 15. There were 6 rounds of counselling. Can they act arbitrarily like that? For us, only 2 rounds of counselling were conducted & till March 31. They can't play with the career of students. Please see the notification of March 31 and it does not refer to any discrimination. Is there any distinction that sought to be made out? Under the same university for the same course, admission has gone up to May 15. If the cut off is arbitrary, the bench would interfere. 2 colleges are permitted to undertake admission up to May 15. Discrimination, and arbitrariness are made out & there is no distinguishing feature b/w us & them. In Delhi 100's of seats are lying vacant."

While expressing its disinclination to grant the relief and upholding the High Court's judgement, Justice Shah the presiding judge of the bench said, "High Court has also observed that so far as the entire period, of course, is concerned, it is over and was extended due to CoVID. It cannot be further extended & extended & extended."

Case Title: St Stephens Hospital College of Nursing v UOI| Diary No 18166 of 2022

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