The Delhi High Court recently dismissed an appeal pertaining to admission in B.Sc. Nursing courses, challenging the notification issued by the National Testing Agency (NTA) that made clearing of NEET-UG examination a prerequisite. The appeal was preferred from the order of a Single Judge, refusing to interfere in the matter.
A Division Bench bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta noted that the case of the appellants is no different from the earlier decided case of Saloni Yadav where it was held that there is no infirmity in NTA's decision to include a mandatory eligibility condition of qualifying the NEET-UG as a pre-condition for admission in Military Nursing Service courses.
It held that merely because the appellants are desirous of competing for B.Sc. (Nursing) as opposed to the Military Nursing Service, it makes no difference. It noted that the distinctions sought to be drawn by the appellants between the courses are wholly irrelevant.
Advocate Ajit Kakkar for the appellant had argued that Military nursing service aspirants have a different eligibility criteria and their exams are conducted by the Director General of Military Service. The Court regarded this an irrelevant comparison.
It further noted that the appellants have been given sufficient notice to prepare for the NEET UG Examination which is slated to be held in July 2022.
In the appellant's case, they had been preparing for a year for the B.Sc. (Nursing) Examination based on the syllabus prescribed in the said course, and suddenly an advertisement was issued by the respondents laying the condition that the candidate had to clear the NEET UG Examination. The Single Judge followed her own decision in Saloni Yadav.
In Saloni Yadav, the petitioner had assailed the same stipulation for the same academic session 2022-23 on similar grounds. It was dismissed after noticing that the candidates had been given sufficient notice to prepare for the NEET UG Examination since the same has been fixed three months ago. The judge had also noticed that the overall merit for the said examination was to be drawn not only on the basis of the NEET-UG Examination but also on the basis of the combined performance of the candidates in the NEET examination, the CBT, and the interview subject to medical fitness.
Advocate Harish Vaidyanathan Shankar, appearing for the respondent, pointed out that the subjects on which the candidates are tested for the NEET UG Examination are the same as the subjects on which the candidates were earlier been tested for the B.Sc. (Nursing) Course.
Case Title: M/S Chhavi & Ors v. Union of India
Citation: 2022 LiveLaw (Del) 499
Read The Order