The main legal point established in the judgment is the inapplicability of Dar-Us-Slam Educational Trust to postgraduate courses and the need for a balanced legal framework to prevent seat blocking without impeding candidates' rights to better their prospects.

JUDGMENT :

Rajiv Shakdher, J.

Preface: -

1. The main grievance of the petitioner veers around denial of admission to her in the DNB Broad Specialty (Post MBBS) course [in short 'DNB (Post MBBS) course'] in the academic session January 2019 by respondent no. 2 i.e. the National Board of Examinations (hereafter referred to as 'the NBE').

2. The NBE denied admission to the petitioner on two short grounds. First, that she was unable to produce the requisite documents/certificates, in original during the document/certificate verification process. Second, that she had blocked a seat as she had secured admission in the All India Quota in respondent no. 3 college i.e. VMMC and Safdarjung Hospital, New Delhi (hereafter referred to as 'VMMC'). It is this which, essentially, has propelled the petitioner to approach this court via the instant writ petition. Thus, to adjudicate on the instant petition, the following broad facts are required to be noticed.

Background: -

2.1 The petitioner avers that she completed her MBBS course from Krishna Institute of Medical Sciences Deemed University, Karad, Maharashtra (in short 'KIMS') on 23.02.2013. Thereafter, the petitioner sat for the UPSC exam and upon being declared successful, was appointed as a medical officer on 12.09.2014, in DHS cadre (GDMO sub-cadre) in the Health and Family Welfare Department, Government of National Capital Territory of Delhi (in short 'GNCTD').

2.2 The petitioner, upon her appointment, was posted in the Lok Nayak Hospital. The petitioner sat for the National Eligibility-cum-Entrance Test Post Graduate, 2019 [in short 2019 NEET (PG)'] on 06.01.2019 after informing her superiors in Lok Nayak Hospital via a communication dated 06.11.2018.

2.3 The 2019 NEET (PG) result was declared on 31.01.2019. The petitioner obtained 643 marks out of a total of 1200 marks and consequently was ranked 10437. Given this development, the petitioner, vide letter dated 19.02.2019, once again, sought the permission of her superiors at Lok Nayak Hospital for participation in the counselling which would follow qua postgraduate courses in MD/MS Diploma/DNB. In this communication, the petitioner also indicated that she would require study leave, in case, she was offered a seat after the counselling.

2.4 On 27.03.2019, the petitioner received a Provisional Allotment Letter (in short 'PAL'). Via the PAL, the petitioner was intimated that she had secured a seat in the All India Quota in "DEG. Preventive Social Medicine" [hereafter referred to as 'MD (Community Medicine)'] in VMMC.

2.5 Accordingly, the petitioner fulfilled all formalities which included execution of a surety bond on 02.04.2019 whereby she gave an undertaking that she would be liable to pay a sum of Rs. 3,00,000/- to VMMC if any of the following circumstances occurred.

(a) She did not join the concerned course at the allotted institution on or before the stipulated date.

(b) She left the concerned course before its completion.

(c) If her admission/registration was cancelled/terminated by the University on account of unsatisfactory performance or indiscipline.

2.6 More importantly, besides executing the surety bond, the petitioner also deposited her documents/certificates in original with VMMC.

2.7 Consequently, on 03.04.2019, the petitioner received a formal admission letter which evidenced the fact that she had obtained admission in MD (Community Medicine) with VMMC. The admission, though, was subject to the petitioner submitting a "No Objection Certificate" (in short 'NOC') from her employer i.e. GNCTD.

2.8 On 12.04.2019, Government of India, Directorate General of Health Services (in short 'DGHS') took out a public notice stating that the 2019 NEET (PG) candidates who had joined the allotted seat in round I (one) and had given their willingness for upgradation in round II (two) at the reporting institute and had not been upgraded in round II (tw