Mr. Aly Mirza v. W.P.(C) No. 3481/2011

Delhi High Court · 29 Jul 2011 · 2011:DHC:18185
Kailash Gambhir
W.P.(C) No. 3481/2011
2011:DHC:18185
constitutional petition_allowed Significant

AI Summary

The court directed the Nursing Council to issue No Objection Certificates to petitioners for admission to M.Sc. Nursing, relying on prior judgments that recognized IGNOU's Safdarjung Study Centre certificates despite lack of Nursing Council recognition.

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%29.07.2011
Present: Mr. Wills Mathew for the petitioners.
Mr. Aly Mirza for respondent no.1
Mr. V.S.R. Krishna for the respondent.
+W.P.(C) No. 3481/2011 & CM No. 10581/2011
*
By this petition filed under Article 226 of the
Constitution of India, the petitioner seeks directions to direct the respondent no.4 and 5 to permit the petitioners to seek admission in Master of Nursing Course.
Mr. Mathew, counsel for the petitioners submits that these petitioners have passed basic B.Sc. Nursing Course conducted by respondent no.l IGNOU at Safdarjung Study Centre, New Delhi and both the petitioners were issued certificates dated
18.9.2003 and 24.3.2003 by the IGNOU. Counsel also submits that both the petitioners have applied to seek admission in M.Sc.
Nursing Course with the respondent no.5, but the petitioners were not considered for the admission in the said course on the ground that said Safdarjung Study Centre Delhi is not recognized by the respondent no.2 Nursing Council. Counsel also submits that the matter in issue is squarely covered by the
JUDGMENT
of this court in
2011:DHC:18185
Ms. Bessy Edison & Ann Vs. IGNOU & Ors. W.P.(C) No. 5604/2010 and SauminiPrasannan Vs.IGNOU & Ors. W.P.(C) No. 2774/201.
1 have heard learned counsel for the parties.
Once the issue is squarely covered by the aforesaid judgments of this court and it is indisputable that these Judgments have not been challenged by the respondent and therefore no different view can be taken by this court in the case of the present petitioners. This court do not find merit in the contention of counsel for the respondent no.2 that the aforesaid Judgments confined to the case of the petitioners therein. This court cannot discriminate between one student and the other student unless there are peculiar facts vis-a-vis other students.
In the light of the above, the respondent no.2 is directed to issue the requisite NOC to the petitioners to enable
KM them to gain admission for M.Sc. Nursing with the respondent no.5 in the current academicrsession.
In the light of the aforesaid, the petition stands disposed of. '
DASTl.
KAILASH GAMBHIR,J
JULY 29,2011
MG
2011:DHC:18185