Supreme Court dismisses plea seeking extension of time schedule and conducting mop-up round for vacant seats in nursing courses

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A Supreme Court bench of Justices MR Shah and Aniruddha Bose today dismissed a plea seeking extension of time schedule and conduct of additional mop-up round for filling up the seats which have remained vacant in nursing courses. The plea sought for filling up of seats for the academic year 2021.

The court remarked that the process of admissions in educational institutions cannot be endless and that if there is any extension and/or deviation from the time schedule, it will ultimately affect education.

The plea filed by St. Stephen’s College of nursing had challenged the order of Delhi High Court which had refused to quash the notification dated December 2021 and extended the last date of completing admission to B.Sc (Hons) Nursing Course for the Academic Session 2021-2022 upto June 15, 2022. Whereas the time limit prescribed by Indian Nursing Council for completing the admissions ended on March 31, 2022. The High Court had accepted the Nursing Council’s contention that delaying the closure of admissions further will have an effect on all colleges across the country.

The High Court had also noted that 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, they were delayed on account of the pandemic in the last two years.

The Top Court stated that the process should not 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," the Court added.

While dismissing the plea, it was observed that it is the settled position of law that the time schedule for admission in the educational institutions has to be adhered to. The apex court has held that  the High Court has rightly refused to entertain the petitions and grant any relief to further Mop-up round to fill up the seats, which have remained vacant.

The court, while considering the submissions of the college that for two other Government institutions, the time limit was extended to 15th of May, 2022 held  “the same is neither here nor there.” The court noted that with respect to all other institutions, the time limit of March 31, 2022 has been adhered to.

The plea has therefore been dismissed.

Case title: St.Stephen’s College of Nursing Vs Union of India