Bombay High Court Cancels Illegal Nursing Course Admissions
Court Orders Refund of Fees and Compensation to Students; Strict Action Against Errant Managements
In a landmark decision, the Bombay High Court has canceled the admissions of several students to Auxiliary Nurse Midwifery (ANM) and General Nursing and Midwifery (GNM) courses due to the lack of requisite qualifications. The ruling came as a response to petitions filed by students who were admitted to the courses despite not meeting the eligibility criteria set by the Indian Nursing Council (INC) and the Maharashtra State Board of Nursing and Paramedical Education.
The court, presided over by Justices Ravindra V. Ghuge and Ashwin D. Bhobe, dismissed the petitions filed by Nandini Prakash Ingawale and others, emphasizing that ad-interim orders allowing students to appear for exams do not establish equity in favor of students whose admissions were found to be illegal. The judgment firmly stated that the court cannot perpetuate illegality or irregularity under Article 14 of the Constitution, which guarantees equality before the law.
The court directed the cancellation of admissions, preservation of answer sheets for only 45 days, refund of fees to the affected students, and payment of damages amounting to Rs. 1 lakh each to the students for the loss of a year. Additionally, the court ordered a comprehensive inquiry into the illegal admissions by the managements and strict action against those found responsible.
The judgment highlighted the importance of maintaining the integrity of the nursing education system and ensuring accountability of the managements and statutory bodies involved. The court pointed out that allowing illegal admissions would jeopardize the credibility of nursing courses and deprive eligible students of their rightful opportunities.
In a stern warning, the court instructed the competent authority to scrutinize admissions over the preceding five years and take appropriate action against managements and erring officials. The ruling serves as a reminder that educational institutions must adhere to established guidelines and regulations to ensure fair and legal admissions processes.
This decision marks a significant step in upholding the standards of nursing education and reinforcing the principle that equality cannot be invoked to justify or perpetuate illegal actions. The judgment is expected to have far-reaching implications for nursing colleges across Maharashtra and potentially influence similar cases nationwide.
Bottom Line:
Admissions to Nursing Courses - Illegal admissions in Auxiliary Nurse Midwifery (ANM) and General Nursing and Midwifery (GNM) courses - Ad-interim orders allowing students to appear for exams do not create equity in favor of students whose admissions were found to be illegal - Courts cannot perpetuate illegality or irregularity under Article 14 of the Constitution - Directions issued for cancellation of admissions, preservation of answer sheets, refund of fees, damages to affected students, and inquiry into illegal admissions by Managements.
Statutory provision(s): Constitution of India, Article 14
Nandini Prakash Ingawale v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc Id # 2791770
