2015 Supreme(Del) 2312
IN THE HIGH COURT OF DELHI AT NEW DELHI
RAJIV SAHAI ENDLAW, J.
AKASH KUMAR
KARTIK SAROHA
DHIRENDRA JAISWAL
VARSHA - Petitioner
Versus
ALL INDIA INSTITUE OF MEDICAL SCIENCES - Respondent
W.P.(C) 7769, 7793, 7828, 7880/2015 & CM No.15345, 15442, 15546, 15815/2015 (for stay).
Decided on : 21st August, 2015
Mr. Maninder Singh and Mr. Sermon Rawat, Mr. O.P. Panwar, Mr. R.K. Saini, Adv.
Mr. R.K. Gupta, Adv. for R-1/AIIMS with Mr. Sanjiv Lalwani, Registrar (Academics), AIIMS.
Mr. A.R. Singh and Mr. Prashant Singh, Advs.
Headnote:
Education - Admission - Proof education - Submission after the required date - Admission, denied - Admission to the Master of Science (Nuclear Medicine Technology) programme in AIIMS for the Academic Year 2015-2016 - Non-submission of required proof of education - Result of the qualifying examination of all the candidates have been declared - Respondent AIIMS should make admissions as per the merit list - Requirement of the Prospectus was that the proof of passing the qualifying examination has to be submitted within five (05) days of declaration of the result of the Entrance Examination - Failing which the performance at the Entrance Examination was not to be considered - No distinction can be carved out between those who had submitted the proof of passing the qualifying examination before the date of commencement of the academic session and those who submitted the proof of passing the qualifying examination after the date of commencement of the academic session - Prospectus does not contain any specific Clause to extend the time prescribed - AIIMS having decided in consonance with the practice followed in the previous years, not to enforce the time prescribed for submission of proof of having passed the qualifying examination - No error is found in the decision of the respondent AIIMS.
RAJIV SAHAI ENDLAW, J
1. All these petitions concern admission to the Master of Science (M.Sc.) (Nuclear Medicine Technology) programme of the respondent All India Institute of Medical Sciences (AIIMS) for the Academic Year 2015-2016.
2. As per the Prospectus published by the respondent AIIMS for admission to the said programme, (a) the total number of seats in the said programme are six (06) of which three (03) are unreserved, one (01) is reserved for Scheduled Castes (SC) and two (02) are reserved for Other Backward Classes (OBCs); over and above the same there is one (01) seat for AIIMS candidate (in – service) in General Category; (b) the academic session commences on 1st August every year and the selected candidates have to join the course on or before 30th September of the year of admission; (c) the admission requirement is of, B.Sc. Degree in Nuclear Medicine from a recognized University or a B.Sc. Degree with Physics / Chemistry / Mathematics from a recognized University or a B.Sc. in allied/related subject i.e. Radio Diagnosis/Radiotherapy from a recognized University or a B.Sc. in Life Sciences with Physics as a subject from a recognized University; (d) Note 2 at the end of Chapter-6 titled “Admission Requirements” is inter alia as under:- “Note 2: For M.Sc / M. Biotechnology and M.Sc. Nursing Courses:- Candidates who are due to appear at the qualifying examination, or have already appeared and are awaiting result, can also apply for admission. But such candidate must furnish: - Proof of passing the qualifying examination with requisite percentage of marks and subjects within 5 (five) days from the date of declaration of results of Entrance Examination failing which their performance at the Entrance Examination will not be considered. - All such candidate can submit certificate of Registration as a Nurse and Midwife from the Indian Nursing Council / State Nursing Council at the time of joining if they are selected.” (e) admissions are to be made entirely on the basis of performance of candidates in the Entrance Examination with the minimum cut-off of 50% in the Competitive Entrance Test as a condition of eligibility; (f) the method of counselling is of calling candidates equal to eight times the number of seats and the order of counselling being General / ST / SC / OBC and the counseling being done strictly by combined merit list starting from Rank No.1 and the candidates in order of merit being entitled to exercise choice of subject according to availability of seats; (g) Clause -3 of Chapter-9 titled “Procedure to Apply” is as under:-
“3. Attested copies of the following certificates / documents should be submitted to the Registrar, Academic Section AIIMS, within five days from the date from declaration of Entrance Examination results by the successful candidates.” (h) Clauses-16 & 23 of Chapter-11 titled “Important Instructions” are as under:-
“16. The decision of the Director of the Institute shall be final in the matter of selection of candidates for admission to the above courses and no appeal shall be entertained on this subject.”
“23. The rules are subject to change in accordance with the decision of the Institute taken from time to time.”
(i) The date of Entrance Examination was 4th July, 2015 and the expected date of declaration of examination results was 8th July, 2015.
3. The result of the Entrance Examination held for admission to the subject course was declared by the respondent AIIMS on 8th July, 2015. The same also provided as under:- “Instructions 1. Candidates are required to submit attested photo-copies of the requisite documents in support of their claims in respect of educational qualifications, marks, community, date of birth etc. to the Registrar (Academic) within five days from the date of declaration of result, failing which their candidature will be cancelled and the seat will be offered to the candidate next on the merit list.”
4. Within 5 (five) days thereof, none of the candida