Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Navin Chawla, J.
Radhika Ashar & Ors. - Appellants
Versus
Union Of India & Ors. - Respondents
LPA 44/2022 & CM No. 3963/2022
Decided On : 24-03-2022
AIAPGET - 2021 - Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016, Regulation 7, Regulation 20 - The court discussed the regulations related to the completion of a compulsory one-year rotating internship for eligibility in appearing AIAPGET - 2021 and the extensions granted due to the Covid-19 pandemic. The court emphasized that it cannot substitute the decision of the Body charged with fixing the cut-off date for completion of the internship and granting relief would result in discrimination against other students.
Fact of the Case:
The appellants, final year students of BUMS/BAMS/BSMS/BHMS courses, sought to participate in the counselling process of AIAPGET - 2021 despite not completing their compulsory one-year rotating internship by 31.12.2021 due to delays caused by the Covid-19 pandemic.
Finding of the Court:
The court found that the respondent had extended the cut-off date for completion of internship for AIAPGET-2021 to 31.12.2021 due to the Covid-19 pandemic and had considered and rejected the representations of the appellants for further extension with valid reasons. The court dismissed the appeal, emphasizing that it cannot substitute the decision of the Body charged with fixing the cut-off date and granting relief would result in discrimination against other students.
Issues: The issues revolved around the eligibility for participating in AIAPGET - 2021 counselling process based on the completion of a compulsory one-year rotating internship and the extensions granted due to the Covid-19 pandemic.
Ratio Decidendi: The court held that it cannot substitute the decision of the Body charged with fixing the cut-off date for completion of the internship and granting relief would result in discrimination against other students.
Final Decision: The appeal was dismissed, but the dismissal shall not come in the way of the respondents taking a decision on the availability of the All India Quota Seats. No order as to cost was given.
ORDER
Navin Chawla, J. (Oral). - This appeal has been filed by the appellants challenging the judgment dated 13.12.2021 passed by the learned Single Judge in WP(C) 10229 of 2021, titled Radhika Ashar & Ors. v. Union of India & Ors., holding that while the claim of the petitioners that they be allowed to participate in the counselling process of the All India Ayush Post-graduate Entrance Test, 2021 (hereinafter referred to as the 'AIAPGET - 2021') cannot be granted as they have not completed their compulsory one-year rotating internship by 31.12.2021, however, the order will not come in the way of the Union of India taking a fresh decision in view of the revised schedule for counselling, subject to the orders of the Supreme Court in that regard.
2. It is the case of the appellants that they are the final year students of BUMS/BAMS/BSMS/BHMS course(s) in different Universities/Colleges located in the States of Kerala, Andhra Pradesh, Telangana, Gujarat, Uttarakhand, National Capital Territory of Delhi, West Bengal, Uttar Pradesh, et cetera. Due to the outbreak of the Covid-19 pandemic and the lockdown declared by the Central Government, the final-year examinations, which were originally scheduled for April 2020, were held in July 2020, and the results were announced only in December 2020. Subsequently, after the declaration of the result, the appellants joined the compulsory one-year rotating internship. Due to late declaration of result and consequent late grant of provisional certificate, which were given to the appellants only in January 2021, they could start rotating internship only in January 2021. This delay was for no fault on their part and for reasons beyond their control. Due to this delay, they shall be completing their one year rotating internship only in January 2022. The appellants submit that, therefore, the prescription of 31.12.2021, as the date by which the candidates for AIAPGET - 2021 must complete their one-year rotating internship, is arbitrary and whimsical. They submit that as the counselling process was to start only from 17.01.2022 and was to continue till 25.03.2022, the students completing their one-year rotating internship before the end of counselling should have been allowed to participate therein.
3. On the other hand, the learned counsel for the respondents submits that 30.09.2021 was the initial cut-off date for completion of a compulsory one-year rotating internship for eligibility in appearing AIAPGET - 2021. He submits that this requirement is stipulated in Regulation 7 of the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016, read along with Regulation 20 of the Indian Medicine Central Council (Post Graduate Ayurveda Education) Regulations, 2016. However, vide letter dated 23.04.2021, the respondent no.l extended the cut-off date for completion of internship to 30.10.2021 due to the ongoing Covid-19 pandemic.
4. He submits that the initial schedule for conducting AIAPGET -2021 was 07.06.2021, however, due to the Covid-19 pandemic, the same was postponed by a Public Notice dated 05.05.2021. Later, by a Public Notice dated 01.08.2021, a fresh schedule of examination was declared, stipulating that the online submission of the application form shall be from 01.08.2021 to 21.08.2021. It was provided that the date of examination shall be announced later.
5. By a Public Notice dated 03.08.2021, the date for conduct of the examination was declared as 18.09.2021. The examination was duly held on the said date.
6. In the meantime, vide Notice dated 16.08.2021, the respondent no. 1 further extended the cut-off date for completion of internship to 31.12.2021.
7. The appellants, who could not complete their internship by 31.12.2021, filed a Writ Petition before this Court, being WP(C) 8687 of 2021, seeking extension of the date for completion of internship to 31.01.2022.
8. This court, vide its order dated 18.08.2021 passed in the above Writ Petition
The court emphasized that it cannot substitute the decision of the Body charged with fixing the cut-off date for completion of the internship and granting relief would result in discrimination agains....
Eligibility criteria for postgraduate AYUSH courses require timely completion of internships, and courts cannot grant extensions without demonstrating manifest arbitrariness.
Point of law: Court is sympathetic to the passionate claim that has been made by the petitioner seeking for the extension of the cut-off date for completion of the internship. However, sympathy by it....
Education Law - National Eligibility cum Entrance Test - Extension of date of completion of internship - Respondents have already extended cut-off date for completion of the internship, keeping in mi....
Courts should defer to the wisdom of administrators in academic institutions and regulatory authorities in matters concerning academic policies, including admission criteria, unless shown to be plain....
Judicial discretion in extending eligibility deadlines for medical examinations should be exercised cautiously, respecting established procedures and avoiding arbitrary interventions based on individ....
The Court emphasized the importance of adhering to the schedule set by regulatory authorities and the need to avoid disrupting the academic schedule by continuously extending the admissions process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
