MSc Nursing Admissions | AIIMS Can't Prescribe Eligibility Criteria That Nullifies Recognition Granted By Indian Nursing Council: Delhi High Court

It noted that the degrees of candidates who have undertaken B.Sc. (Post Basic) through distance mode are recognized by UGC as well as the Indian Nursing Council (INC) and that they have the requisite eligibility qualification for seeking admission to M.Sc. (Nursing) at AIIMS.

It held that the AIIMS Act cannot be expanded to include the power to override or disregard the qualification recognized by INC.

A bench comprising Justice Sanjeev Narula observed,

"Undoubtedly, AIIMS is a premier-educational institute in the field of medical sciences and has been empowered under the AIIMS Act to regulate and prescribe courses and curriculum… It is open for AIIMS to prescribe eligibility criteria and setting the bar for admission in courses so long as the restriction is not discriminatory and has a rational nexus with the aim to be achieved however, AIIMS cannot dislodge the uniformity in standards set by the INC – which is acting under a central legislation; and nullify/curtail recognition of IGNOU B.Sc (Post Basic) degree in the process of determining admission criteria."

The Court held that there is no evidence to show that education through distance learning is inferior, or any less credible, to what is provided through regular classes mode.

It noted that to obtain a degree in three-year B.Sc. (Post Basic) course at IGNOU, candidates are required to possess a diploma, and meet the needs of practical work experience prescribed in the curriculum. The syllabus and curriculum are structured in such a way that candidates are given exposure to hands-on practical training at hospitals or nursing centres.

"Therefore, candidates of distant learning programmes are equally competent and adept to handle patients and there is no reason to exclude them from admission into the Course," the Court said.

The Petitioners are in-service nursing officers at AIIMS, having obtained B.Sc. (Post Basic) degree from Indira Gandhi National Open University through distance learning medium.

They had moved the High Court challenging the condition introduced by the institute rendering them ineligible from seeking admission in M. Sc (Nursing) course on the ground that their qualifying degree i.e. B.Sc. (Post Basic) was acquired through distance learning mode, as opposed to regular mode.

The Petitioners submitted that the Indian Nursing Council is a statutory body providing professional recognition to degrees/ diplomas in nursing courses and it has granted recognition to B.Sc. (Nursing) course run by IGNOU. Thus, the disqualification condition, laid down in the impugned notice has the effect of derecognizing degrees awarded by IGNOU, which is impermissible and contrary to the directives of the University Grants Commission.

Counsel for AIIMS argued that the Petitioners have not exhausted the alternative remedy available to them. The appropriate authority for determination of the issue urged herein is the Examination and Academic Section of AIIMS, which was not done.

Nonetheless, he submitted that AIIMS has not disputed the recognition of degrees provided by IGNOU for higher education, but has merely laid down the criteria to ensure higher standard of education in conformity with the object of establishment of AIIMS.

He added that degrees obtained through distant learning mode cannot be equated with those obtained through the formal system of education. The Course requires rigours of hands-on physical training, and the same cannot be substituted by a degree obtained through online mode regardless of the fact that such degrees are recognised for the purpose of employment by AIIMS.

The Court observed that in Rajat Duhan & Ors. v. All India Institute of Medical Sciences, (2019) SC OnLine Del 11437, relied upon by the Respondent, it was held that AIIMS is fully entitled to lay down a more stringent condition for admission into various courses than those established by the INC.

However, the Court held that the reliance placed thereon is misplaced and erroneous as the instant case is not of prescription of a stringent condition by AIIMS; but introduction of a disqualification, in complete disregard of the eligibility criteria prescribed by, and the recognition extended to distant learning programmes by the INC.

The Court held that even if the Bachelor's Degrees procured through distant mode were to be excluded, a decision to that effect could only be taken by the Academic Committee, in terms of Regulation 20 of notification dated 18th October, 2019 issued by the Union Ministry of Health and Family Welfare. However, the same was not done.

Finally, it held,

"AIIMS seeks to create a distinction between academic pursuit of technical education and employment opportunities, when the same are interrelated. Granting recognition to one but not the other violates the principle of equality in as much as the same institute deems the same qualification to be sufficient for employment, but not for further specialisation courses which are mostly undertaken by candidates out of own choice, to further their professional skills. The action of disqualifying candidates possessing Bachelor's Degrees through distant learning from seeking admission in the Course fails to meet the test of reasonableness and as such, is liable to be quashed."

It directed AIIMS to declare the results of Petitioners and ordered that in case the Petitioners are found to be successful, they shall be considered for admission as per merit in the said Course.

Case Title: Chithra N & Ors. v. AIIMS

Citation: 2022 LiveLaw (Del) 667

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