High Court of Bombay Grants Ad-Interim Relief to Ineligible Nursing Students, Allows Attendance and Examination Pending Final Decision.

Headnote:

In a batch of writ petitions challenging the cancellation of admissions to ANM/GNM Nursing courses for the 2024-25 academic year, the Bombay High Court granted ad-interim relief to students who did not strictly meet eligibility criteria as per Indian Nursing Council (INC) and Maharashtra State Board of Nursing norms. The Court allowed them to continue attending classes and appear for the 1st semester examinations while reserving the final outcome. The judgment balanced regulatory compliance with equitable considerations for students who had already commenced the course and paid fees, emphasizing that continuation does not confer permanent rights if final petitions are dismissed.

Background:

The Petitioners were admitted to the 3-year ANM/GNM Nursing courses for 2024-25 but were later declared ineligible by INC and the respective Colleges. Their 12th Standard vocational subjects did not strictly meet the eligibility criteria prescribed by INC. The students had already commenced classes and completed the 1st semester when cancellation orders were issued. They contended that similarly placed students in higher years had been allowed to continue, and that sudden cancellation mid-course was inequitable. The Petitioners filed writ petitions seeking relief to attend classes and appear for exams, highlighting prior inconsistent admissions and payment of fees.

Court Opinion/ Analyses:

The Court observed that the Petitioners did not strictly satisfy the eligibility requirements set by INC and Maharashtra State Board. Verification revealed that the 22 Petitioners, along with 68 others, were admitted illegally. However, balancing fairness and equities, the Court granted ad-interim relief permitting the Petitioners to continue attending classes and appear for the 1st semester examinations, pending final adjudication. INC was impleaded as a party. The Court emphasized that allowing temporary continuation does not create any permanent right, and final relief will depend on INC’s verification and the Court’s final judgment. The decision sought to protect students’ immediate academic interests while safeguarding regulatory compliance.

Outcome:

1. Petitioners allowed to attend classes and appear for 1st semester exams (07–26 September 2025).
2. Results shall not be declared until final disposal of petitions.
3. INC impleaded as a party.
4. Final outcome dependent on verification and compliance with eligibility norms.

Legal Provisions Concerned:

Indian Nursing Council Act, 1947 (INC Act)

Section 10: Power of the Council to maintain standards of nursing education.

Section 12: Recognition of courses and institutions; admission of students only if eligibility criteria are satisfied.

Maharashtra State Board of Nursing and Paramedical Education Rules

Eligibility for admission to ANM/GNM courses, including specific vocational subjects in 12th Standard.

Section 7: Verification of eligibility and compliance with INC norms.

Constitution of India, 1950

Article 14: Right to equality; ensuring fair treatment of students in admissions.

Article 21: Right to education and protection of academic pursuits pending judicial review.

Writ Jurisdiction under Article 226 of the Constitution

Enables High Courts to grant interim relief in cases where fundamental rights or statutory entitlements are potentially affected.

Principles of Natural Justice / Equity

Ensuring that students who had already joined courses and paid fees are not unduly prejudiced by sudden cancellations.

Case Details:

Case No: 2025:BHC-AS:43711-DB

Court: High Court of Bombay, Civil Appellate Jurisdiction

Judges: Ravindra V. Ghuge & Ashwin D. Bhobe, JJ.