Kanwaljit Singh Ahluwalia, J. - (1.) THE present writ petition has been filed under Article 226 of the Constitution of India by fourteen students of the respondent No. 2 Mahatma Gandhi General Nursing College & School, praying that a direction be issued to the University to regularize their admission and permit them to fill application forms for appearing in annual examination of B.Sc. Nursing Part -I.
(2.) IT is pleaded in the present petition that the petitioners took admission in B.Sc. Nursing Course run by Mahatma Gandhi General Nursing College & School, the respondent No. 2. It is further pleaded that the said nursing college is affiliated with the respondent No. 1 Rajasthan University of Health Science. It is averred that the petitioners were given admission in July to continue with their studies for academic session 2014 -15. The petitioners had deposited the fee. The petitioners have pleaded that the petitioners took admission having satisfied themselves that the respondent No. 2 college is recognized institute and is affiliated with the respondent No. 1 University. It is further averred that at the end of session, the University had announced the schedule of annual examination and the petitioners applied online to appear in the examination and as per the schedule, petitioners had to submit the application form without late fee between 29.9.2015 to 6.10.2015 and with late fee from 7.10.2015 to 9.10.2015 and with double late fee from 10.10.2015 to 12.10.2015. The case of the petitioners is that they learnt that their application forms have not been accepted by the respondent No. 1 University and the University has deprived them of a precious academic year by not regularizing their admission. This Court on 14.10.2015 while considering the application for interim relief had passed the following order: - - "On 6.10.2015, on the request made by the learned counsel for the petitioner, the case was adjourned for two weeks. Today, an application bearing No. 12930/2015 is listed. In the said application, prayer has been made that the respondent University may be directed to accept the soft as well as the hard copy of the examination forms of the petitioners with normal examination fee in order to enable them to appear in the examination of B.Sc. Nursing. A further prayer has been made that University be directed to issue enrollment number to the petitioner (students). Mr. Saurabh Saraswat, counsel for the respondent University has contended that the admission made by the respondent college is irregular. Learned counsel further contended that the college had resorted to admission without following the procedure prescribed by the University for granting admission to nursing college. I have heard the learned counsel for the parties. Commercial institution for sake of profits cannot compromise academic excellence, especially in the stream of Nursing. A wrong nurse unable to record blood pressure, take temperature or administer injection can play havoc with the health of the patients. A quack is bad for the system. The University has to maintain purity of education, sanctity of the examination and has to oversee maintenance of the academic standards. In the present case, students without appearing in the entrance examination, without undergoing process of counseling, dehors of merit and the Regulations of the University, were granted admission by the respondent college. Therefore, the University is well within its rights not to allow students to appear in the examination whose admission was not made under the aegis of the University. Hence, the application for interim relief is declined. Nothing said herein shall be construed as final expression on the merits of the case, as only application for interim relief has been decided. The main case shall be taken up on the date already fixed."
(3.) MR . Saurabh Saraswat, the learned counsel appearing the respondent No. 1 University, has submitted that the day on which the respondent No. 2 college gave admission to the students, the said college respondent No. 2 was banned by the State Government to grant admission to the students. It is further submitted that the respondent No. 1 University on 84th meeting of Academic Council held on 1.12.2014 had taken a decision that the respondent No. 2 college shall not be permitted to give admission to the students in B.Sc. Nursing Course for the session 2014 -15. It is further submitted that on the date when the respondent No. 2 college gave admission to the students, it was not recognized by the Indian Nursing Council. The respondent No. 1 University had further taken a decision that any institution which had obtained recognition from Indian Nursing Council after 30.9.2014, will not be considered eligible for grant of affiliation for academic session 2014 -15. It is further contended that the recognition given by the Indian Nursing Council later, was also dependent upon the grant of approval by the respondent No. 1, University. The learned counsel for the respondent No. 1 University has further submitted that the students had not appeared in the entrance examination and they had not participated in the counselling undertaken by the University, therefore, the students were granted admission by the respondent No. 2 college directly, at its own, dehors of the merit. The learned counsel further submitted that for achieving academic excellence and standards of education, it is imperative for the University to lay certain standards for making admission by holding entrance test and counselling, to ensure that admission is granted on the basis of merit alone.;