Minimum Percentile Fixed By Indian Nursing Council For B.Sc. Nursing Admissions Must Be Strictly Adhered To; Cannot Be Diluted Without Approval: Calcutta High Court

"When the eligibility criteria has been prescribed it must be strictly adhered to and the same cannot be diluted or tampered with as it will work injustice to the other candidates," Calcutta High Court, in a significant order, held that the minimum qualifying percentile prescribed by the Indian Nursing Council (INC) for B.Sc. Nursing admissions is mandatory and cannot be relaxed by the State Government or the University without express approval from the Council.

A Single Bench of Justice Hiranmay Bhattacharyya observed that merely possessing a rank in the entrance examination does not entitle a candidate to admission if they fail to meet the minimum percentile threshold.

The International Institute of Nursing and Research, Kalyani, along with 30 of its students, approached the High Court challenging the refusal of the West Bengal University of Health Sciences (WBUHS) to register them for the 2025-26 academic session. The Institute had admitted these 30 students to fill vacant seats following a State notification dated December 17, 2025. While the students possessed ranks in the JENPAS UG 2025 examination, they did not meet the minimum qualifying criteria of the 50th percentile (for General candidates) as prescribed by the INC.

The primary question before the court was whether the State Government's notification dated December 17, 2025, effectively relaxed the minimum qualifying percentile for B.Sc. Nursing admissions. The court was also called upon to determine if students who fall below the INC-prescribed percentile can be granted provisional registration and allowed to appear for examinations on sympathetic or equitable grounds.

Mandatory Nature Of INC Eligibility Criteria

The Court emphasized that the Indian Nursing Council is the expert body empowered to fix the terms and conditions for nursing admissions. Under the relevant regulations, the minimum qualifying criteria for the entrance test is fixed at the 50th percentile for General candidates, 45th for General-PwD, and 40th for SC/ST/OBC categories. The Bench noted that these criteria are designed to ensure the quality of nursing education and the competence of future professionals.

"The eligibility criteria for admission as prescribed in the notification dated 17.12.2025 should be strictly adhered to."

State Notification Did Not Relax Percentile Requirements

The petitioners argued that the State's 2025 notification relaxed the criteria to just "having a rank." However, the Court rejected this interpretation, noting that the notification explicitly stated that candidates must "fulfil the minimum academic and eligibility criteria for appearing in JENPAS-UG, 2025 and having the eligibility criteria as prescribed by the Indian Nursing Council (INC)." The Court held that "having a rank" and "meeting the percentile" are distinct requirements that must coexist.

Distinction Between 2024-25 And 2025-26 Academic Sessions

The Bench pointed out that for the previous academic session (2024-25), a special relaxation was granted because the INC had expressly issued a "no objection" to reducing the percentile to 25th. However, no such permission was sought or granted for the 2025-26 session. The Court held that the Institute could not rely on previous years' relaxations as a precedent to admit ineligible candidates in the current year.

"An ineligible candidate cannot be made eligible by directing the Government to relax the rules."

Sympathy Cannot Override Statutory Eligibility

The petitioners pleaded that the academic careers of 30 students were at stake as examinations were scheduled to commence on June 30, 2026. Relying on the Supreme Court's ruling in Guru Nanak Dev University vs. Parminder Kr. Bansal, Justice Bhattacharyya observed that courts should not pass interim orders on sympathetic considerations that allow ineligible students to sit for exams. Such orders, the Court noted, create unnecessary complications and undermine educational standards.

"Admission cannot be ordered without regard to the eligibility of the candidates and an interim order should not be passed by the Court being swayed by the sympathy for the candidates."

Precedents On Strict Adherence To Academic Standards

The Court placed heavy reliance on the Supreme Court decision in Registrar, Rajiv Gandhi University of Health Sciences, Bangalore vs. G. Hemlatha, which established that qualifying examination criteria must be strictly followed to avoid injustice to other candidates. The Bench further noted that the Division Bench of the Calcutta High Court in the Agragati Institute case had already held that any reduction in percentile is strictly dependent upon prior approval from the INC.

The High Court concluded that the petitioners failed to establish even a prima facie case that they fulfilled the preconditions for admission. The Bench clarified that the mere fact that the students were admitted by the Institute and had pursued the course for some time did not create a legal right to registration if they were ineligible at the threshold. Consequently, the prayer for interim relief to register the students and allow them to sit for the upcoming examinations was rejected.

Date of Decision: 23 June 2026