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2016 Supreme(Del) 3148
IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV SACHDEVA, J.
KINJAL RAJNIKANT PATEL AND ANR – Petitioners
Versus
NATIONAL BOARD OF EXAMINATIONS AND ANR – Respondents
W.P. (C) No. 7115 of 2016 & C.M. No. 29275 of 2016
Decided On : 26-08-2016
For the Petitioner:Mr. Satinder S. Gulati and Mr. Kamaldeep Gulati, Advocates.
For the Respondent:Dr. Rakesh Gosain, Ms. Arti Bansal and Ms. Nandita Mishra, Advocates.
The main legal point established in the judgment is that the eligibility criteria specified in the Information Bulletin, in accordance with the Indian Medical Council Act, 1956, are crucial in determining the eligibility of candidates for admission.
Headnote:
PDCET - Eligibility Criteria - Information Bulletin, Indian Medical Council Act, 1956 - [Indian Medical Council Act, 1956, Information Bulletin]
Fact of the Case:
The petitioners sought setting aside of the order and result of PDCET, as they were held ineligible for not submitting proof of passing Post Graduate Diploma final examination before the cut-off date. The petitioners completed their training programme on 29.06.2016, and the result was declared on 18.07.2016, after the cut-off date.
Finding of the Court:
The court found that the petitioners did not satisfy the eligibility criteria as laid down by the Information Bulletin and upheld the action of the respondents in holding the petitioners ineligible for admission.
Issues: The main issue was the eligibility of the petitioners for admission based on the cut-off date for passing the qualifying examination as per the Information Bulletin.
Ratio Decidendi: The court relied on the eligibility criteria prescribed by the Information Bulletin, which specified the cut-off date for completing the Post Graduate Diploma qualification and passing the final examination. The court emphasized that the petitioners did not satisfy the eligibility criteria and thus were ineligible for admission.
Final Decision: The writ petition was dismissed, and the court found no fault with the action of the respondents.
SANJEEV SACHDEVA, J.
1. The petitioner seeks setting aside of the order dated 21.07.2016 and the result of PDCET (Post Diploma Common Entrance Test, 2016) whereby the petitioners have been held ineligible by the respondent - National Board of Examinations for the reasons that they had not submitted their proof of passing Post Graduate Diploma of final examination on or before the cut-off date 30.06.2016.
2. The petitioners had appeared in the final examinations conducted by the Rajasthan University in June, 2016.
3. On 28.06.2016, the respondent no. 1 conducted the competitive examination of DNBPDCET for (Post Diploma) Course. The examination is conducted for filling up the seats in DNBPDCET for (Post Diploma) Course and also other courses for the medical colleges and other institutions on all India basis.
4. It is contended that the petitioners completed their two year training programme as Post Graduate Diploma Residents in Department of Radio Diagnosis on 29.06.2016. It is contended that the result was declared by the Rajasthan University on 18.07.2016 for the qualifying examinations of Post Graduate Diploma. It is contended that the respondent no. 1 has not declared the result of the competitive entrance examinations on the ground that the petitioners are not qualified for admissions since their results for the qualifying examination has been declared after the cut-off date of 30.06.2016.
5. Learned counsel for the respondents submits that the last cut-off date of 31.05.2016 was subsequently extended to 30.06.2016. Since the petitioners have not qualified the qualifying examinations on or before 30.06.2016, they are not eligible in terms of the Information Bulletin to seek admission for the subject course for this academic session. It is contended that the examination for the subject course is held twice a year and the next course is to commence in January for which the qualifying examination would be held prior to December 2016.
6. Reference may be had to the Information Bulletin which lays down the instructions as also the eligibility criteria for admission. The instructions to candidates reads as under:
“Completing Post Diploma Qualification means candidate should have completed the requisite two years training and his/her result of the final examination of the requisite Post Diploma qualification should have been declared by the cut off date i.e. 31st May, 2016.Candidates who are not completing the training by the cut off date or their final result has not been declared by the cut off date or they have not qualified in the requisite examination need not apply.
Cut off Date for Completing Post Diploma Qualification: 31st May, 2016. ”
7. The eligibility criteria prescribed by the Information Bulletin for PDCET-July, 2016 reads as under:-
“3. ELIGIBILITY CRITERIA FOR PDCET-JULY 2016 ADMISSION SESSION
3.1 Candidates who have passed the final examination leading to the award of Post Graduate Diploma from Indian Universities which are duly recognized as per provisions of Indian Medical Council Act, 1956, Govt. of India i.e. have passed/Passing the final examinations for Post graduate diploma on or before 31st May, 2016 can apply for Post diploma CET examination in the same Broad speciality. Candidates should have completed his/her 2 years post diploma training by 31st May, 2016.
3.2 Submissions of proof of having passed/passing the post graduate diploma final examination on or before the 31st May, 2016 is an essential pre-requisite. In case the candidate does not submit requisite proof of passing his/her post graduate diploma final examination, the candidate shall not be allowed to appear in PDCET July 2016 admission session.
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3.5 Requests for appearing in PDCET from candidates, who are qualifying and getting their results of the basic eligibility qualification after 31st May, 2016 shall be summarily rejected.
Candidate who are qualifying their PG Diploma exit examination or and getting results after 31st May, 20
