Point of Law: Unless shown to be plainly arbitrary or discriminatory, the court would defer to the wisdom of administrators in academic institutions who might devise policies in regard to curricular admission process, career progression of their employees, matters of discipline or other general administrative issues concerning the institution or university.

JUDGMENT :

PRATEEK JALAN, J.

The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing]

1. The petitioner applied for the Combined Defense Services Examination in the Short Service Commission Women (Non-Technical) course [“the course”] pursuant to an advertisement dated 05.08.2020 issued by the Union Public Service Commission [“UPSC”]. She assails a decision of the respondent Nos. 1 and 2, i.e. the Union of India and the Director General of Recruiting [collectively referred to as “the Union”] dated 26.11.2021 by which her candidature for the said examination has been cancelled.

2. The notice issued by the UPSC covers selection to several different courses. It is not disputed that the course in question is covered under the category of admission to the Officers Training Academy, Chennai [“OTA”]. The notice prescribed educational qualifications for such courses, which included a degree from a recognized university or equivalent. The candidates were required to submit proof of passing the degree examination at the time of commencement of the course, to reach the concerned authorities by 01.10.2021. The petitioner is currently pursuing the Bachelors of Dental Surgery [“BDS”] course from the respondent No. 4-Himachal Pradesh University [“the University”] which is the qualifying degree certificate she is required to submit.

3. The petitioner participated in the selection examination which was held on 24.08.2020, and secured the first rank for the course. In order to satisfy the eligibility conditions, she submitted a communication from the University dated 12.07.2021, which stated that she had passed her BDS fourth year examinations in January, 2021, and is currently undergoing 12 months of compulsory rotating paid internship. The internship commenced on 10.03.2021 and is likely to be completed on 09.03.2022. The petitioner recently came to know that joining letters dated 24.11.2021 have been issued to other candidates, and thereafter received a communication dated 26.11.2021 from the Union cancelling her candidature on the ground that she would not have completed her BDS degree until March, 2022. In this connection, the impugned communication draws reference to the BDS Course Regulations, 2007 issued by the respondent No. 3-Dental Council of India [“DCI”] and amendments thereto. The present writ petition has been filed challenging this decision.

4. Mr. Anand Varma, learned counsel for the petitioner, submits that the award of the petitioner’s degree has been delayed due to circumstances arising out of the COVID-19 pandemic. He refers to notifications of the University whereby the examinations scheduled for August, 2020 were postponed until February-March, 2021, which led to a delay in the commencement of her internship.

5. When the petition was first taken up for hearing on 06.12.2021, Mr. Varma drew my attention to the DCI’s guidelines dated 16.04.2020, which contemplate a relaxation in the tenure of internship in order to permit passing out candidates to pursue career opportunities without loss of time. The said guidelines were reiterated by a further notification dated 28.04.2021. In view of this submission, Mr. T. Singhdev, learned counsel for the DCI, and Mr. Ruchir Mishra, learned counsel for the Union, were requested to take instructions.

6. Mr. Singhdev today submits on instructions that the guidelines issued by the DCI do contemplate the grant of a relaxation in the internship conditions. The decision, however, has to be taken by the concerned university and not by the DCI. If a university considers it appropriate on the basis of the facts and circumstances prevailing in a particular case, a candidate can be issued a degree certificate without completing the one year internship. He submits that this is a matter for the concerned dental college and the university to decide.

7. At the request of learned counsel for the Union, Major Partho Katyanan, Officer In-charge, Legal Cell, Indian Army,