Court Orders Fresh Counselling for B.Sc. Nursing Admissions Based on Indian Nursing Council's Relaxation
In a landmark decision, the Chhattisgarh High Court has quashed the State Government's prescription of a 10th percentile qualifying benchmark for admissions to B.Sc. Nursing courses, directing a fresh counselling process in line with the Indian Nursing Council's relaxed standards. The ruling came as a significant relief to nursing aspirants and private nursing colleges in the state, who had challenged the arbitrary admission criterion imposed by the state authorities.
The judgment arose from two writ petitions filed by the Private Nursing College Association of Chhattisgarh and several student aspirants, who argued that the State's decision was contrary to the statutory framework governed by the Indian Nursing Council Act, 1947, and the Chhattisgarh Nursing Admission Rules, 2019. The Indian Nursing Council had earlier relaxed the minimum qualifying percentile for nursing admissions due to a substantial number of vacant seats, prompting the State Government to impose a fresh benchmark without authorization.
Justice Amitendra Kishore Prasad, presiding over the case, highlighted the statutory obligation of the State to adhere to the standards set by the Indian Nursing Council, emphasizing that the State's independent prescription was arbitrary and lacked jurisdiction. The court underscored the importance of maintaining uniform educational standards across the country, as prescribed by the central regulatory body.
The ruling also addressed the constitutional mandate of reservation and relaxation for Scheduled Castes, Scheduled Tribes, and Other Backward Classes, which the State's uniform qualifying standard had disregarded. The court held that such action violated principles of affirmative action and equality.
Furthermore, the court acknowledged the delay caused by the State's actions, extending the admission process and directing the concerned colleges to conduct extra classes to maintain academic standards. The decision is expected to prevent the wastage of educational infrastructure and ensure eligible candidates are granted the opportunity for admission.
This judgment is a significant affirmation of the supremacy of central regulatory standards over state-imposed criteria and reinforces the legal framework governing professional education in India.
Bottom line:-
State authorities cannot prescribe independent qualifying benchmarks for nursing admissions that override statutory relaxations granted by Indian Nursing Council under the Indian Nursing Council Act, 1947.
Statutory provision(s):
Indian Nursing Council Act, 1947, Rule 4(4) of Chhattisgarh Nursing Admission Rules, 2019, Clause 16 of the Act, 1947, Article 226 of the Constitution of India.
