New Delhi: Finding no infirmity in the decision of making the National Eligibility-cum-Entrance Test (NEET) a prerequisite for admission to Military Nursing Service courses, the Delhi High Court bench recently dismissed a plea by the aspirants.
The dismissal came from the HC bench comprising of Justice Rekha Palli after it dismissed the contention of the petitioners that the syllabus for the entrance test has been radically changed and observed that "Court ought not to interfere with the same unless it is found to be totally perverse or arbitrary."
Apart from this, the bench also took note of the fact that the National Testing Agency had given an extension of time to the aspirants so that they could apply for the test, and it also noted that the final selection for admission to B.Sc (Nursing) will be based not only on the results of the NEET-UG 2022 but on the combined merit of performance of a candidate in NEET UG, the CBT and interview subject to the medical fitness
The petitioners, who aspire to pursue B.Sc. (Nursing) in Military Nursing Service courses, had approached the High Court assailing the notification dated 22.04.2022 published by the respondents on its web-portal informing the prospective candidates that only candidates who clear the NEET UG-2022 exam will be eligible for admission to the B.Sc. (Nursing) course in MNS for the academic session 2022-23.
It was the contention by the counsel for the petitioners that for the last many years, the candidates for the MNS courses used to be tested on the basis of a computer based entrance examination being conducted by the respondents. In the said examination, the candidates were tested in General English, General Intelligence and Science with 50 marks being allotted for each of these three subjects.
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However, at the fag end of the academic session, the respondents have suddenly issued a notification making the requirement of a candidate qualifying the NEET-UG exam as a pre-requisite for admission to B.Sc (Nursing) without appreciating the fact that the pattern of NEET-UG exam is entirely different from the computer based examination earlier held by the respondents, contented the petitioners.
Referring to the difference between the two exam patterns, the aspirants pointed out that in the NEET-UG examination, the students are tested in detail, on different science subjects without any weightage being given to General English and General Intelligence.
Therefore, it was the contention of the petitioners' counsel that the last-minute change in the exam pattern has caused grave prejudice to the candidates as a majority of candidates have been preparing for General English and General Intelligence subjects for the last few months in order to appear in the entrance examination as they were under a bonafide belief that the entrance examination for B.Sc (Nursing) would be conducted on the same pattern as was being followed for the last many years.
The counsel for the petitioners further submitted that even otherwise, the last date for applying for NEET-UG, 2022 is 06.05.2022 and therefore there is very little time for the candidates to apply and appear in the said exam. He, therefore, prayed that the impugned notification be quashed and the respondent be directed to conduct the exam on the pattern being followed by them for the last many years.
On the other hand, the counsel for the respondents including the Union Government and other concerned authorities, Mr. Alok Singh vehemently opposed the petition. He referred to a compilation of documents and submitted before the court that the petitioners' plea that they have been taken by surprise by this change in the exam pattern is wholly misplaced.
He submitted that for the last many years, the National Testing Agency (NTA) as well as the various state governments have been issuing guidelines making it clear that the future admissions to B.Sc. (Nursing) course would be based on the marks obtained by a candidate in the NEET-UG examination. This change in the exam pattern was necessitated in order to improve the standards of nursing education in the country and to ensure that students who join the B.Sc. (Nursing) course in premier institutions like those being run by the respondents are well qualified, contended the counsel.
It was further submitted by the counsel for the respondents that the petitioners' grievance that they have now been caught unaware and therefore cannot apply for the NEET-UG exam has been already taken care of by the respondents as a further notification dated 01.05.2022 has been issued by the NTA, extending the last date for submitting applications to appear in the NEET-UG exam, 2022 till 15.05.2022.
Therefore, he contended that in the light of this revised notification issued on 01.05.2022, the petitioners now have sufficient time to apply for and appear in the NEET-UG exam which is scheduled to be held on 17.07.2022.
He also stated before the court that even otherwise, once the degree in B.Sc (Nursing) is to be awarded by the affiliating universities who have already adopted the system of granting admission to B.Sc. (Nursing) course on the basis of the NEET-UG exam, the respondents have no other option but to adopt the said criteria.
Further referring to the contention of the petitioners that their preparation in General English and General Intelligence, for the last many months will go waste, the counsel for the respondents argued that such an argument is wholly misplaced. He further submitted that the respondents are in the process of issuing a detailed circular which will be published not only in leading newspapers but also on its web portal informing the candidates that the selection for admission to B.Sc (Nursing) will not be based solely on the basis of the NEET-UG score but will also be based on their performance in the Computer Based Tests (CBT) in General English and General Intelligence as also a Psychological Assessment Test (PAT) followed by an interview and medical examination.
Thus, the final selection will be based on the combined merit of the performance of a candidate in NEET-UG, the CBT and interview, subject to the medical fitness, argued the counsel as he prayed for the dismissal of the petition.
Taking note of the submissions made by both the parties, the HC bench noted,
"I am of the view that at the first blush, the grievance of the petitioners appears to be merited as the respondents have admittedly changed the pattern for selection of candidates for admission to B.Sc. (Nursing) only on 22.04.2022. However, what emerges is that on account of the extension granted by the NTA to apply for the NEET-UG exam and taking into account the fact that the NEET-UG exam is scheduled to be held on 17.07.2022, the petitioners and all other candidates will still get more than two months' time to prepare and appear in the NEET-UG, 2022.""In these circumstances, the petitioners' plea that they will not have sufficient time to apply and prepare for NEETUG is without any merit and therefore no prejudice will be caused to the interested students to prepare for the NEET-UG exam, which is now a mandatory condition for seeking admission to B.Sc (Nursing) course," further noted the bench.
Referring to the petitioners' grievance that the syllabus for the entrance test has been radically changed, the court observed,
"I am of the considered view that once the experts in the field have taken a considered decision regarding the eligibility conditions and the subjects on which the prospective candidates for admission to the B. Sc (Nursing) course should be tested, this Court ought not to interfere with the same unless it is found to be totally perverse or arbitrary.""Moreover, since it is an admitted position that most of the universities including the Delhi University and those in the state of Maharashtra, with which the nursing institutes run by the respondents are affiliated, have already issued guidelines directing that the admissions to B.Sc (Nursing) should be based only on NEET-UG examination, the respondents were fully justified in prescribing the same eligibility criteria as prescribed for the NEET-UG, for admission to the B.Sc (Nursing) in their institutes as well. It is not the petitioners' case that the syllabus for NEETUG exam, 2022 is different from syllabus of Class XII and therefore, merely because the students will now be tested in more detail in the science subjects cannot be a reason to interfere with the well-considered decision of the experts," it added.
The bench also addressed the contention of the petitioners that their earlier preparation will go to waste and noted,
"The petitioners' plea that since they have been preparing General English and General Intelligence for the last many months as per the earlier syllabus for the entrance examination, the respondents ought to follow the earlier pattern for this year as well, is also without any merit. It has been categorically stated by the respondents that the final selection for admission to B.Sc (Nursing) will be based not only on the results of the NEET-UG 2022 but on the combined merit of performance of a candidate in NEET UG, the CBT and interview subject to the medical fitness and therefore, it is not as if the preparation in General English and General Intelligence, which the petitioners claim to have been made for the entrance exam will go waste."Finally, dismissing the petition, the HC bench stated in the judgment, "I therefore find no infirmity in the decision of the respondents to include a mandatory eligibility condition of qualifying the NEETUG as per the criteria fixed by the NTA, as a pre-condition for admission to the B.Sc (nursing) in their institutes. The writ petition is accordingly dismissed without no orders as to costs.
To read the court order, click on the link below.
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