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PRATEEK JALAN
Ramgopal Sharma – Appellant
Versus
All India Institute Of Medical Sciences – Respondent
JUDGMENT
Prateek Jalan, J. - The present writ petition concerns the decision of the respondent-All India Institute of Medical Sciences ["AIIMS"] to reject the candidature of the petitioner no. 1-Ramgopal Sharma ["Sharma"] for admission to the M.Sc. (Nursing) course in the 2021 admission session, on the ground that he had obtained the B.Sc. (Nursing) degree through distance education.
Facts
2. AIIMS offers various post-graduate (Masters degree) courses, including the M.Sc. (Nursing) course. For admission in the year 2021, it issued an Admission Notice, published on 02.03.2021, followed by a prospectus, which was uploaded on 27.04.2021 ["the Prospectus"]. These covered M.Sc. (Nursing), M.Sc. courses and M. Biotechnology. As far as the M.Sc. (Nursing) course is concerned, seven specialties were offered, including Paediatric Nursing. For the M.Sc. courses, the Prospectus enumerated eight specialties. For the M.Sc. (Nursing) course, in addition to the seats offered in various other categories, one seat in each specialty was reserved for AIIMS In-Service candidates.
3. Sharma is employed by AIIMS as a Nursing Officer since 2007. Prior to that, he completed a course in General Nursing and Mid
Admission criteria cannot be altered post-publication of eligibility requirements; disqualifications must be explicitly stated in the prospectus.
In cases of erroneous admissions, the institution cannot cancel admissions after the course has started if the candidates were not at fault, and the principle of estoppel applies.
The court ruled that fragmented completion of required residency days at multiple institutions satisfies eligibility, given lack of explicit restrictions in the admission criteria, emphasizing the ne....
Admissions should not be cancelled without any wrongdoing or default on the part of the candidate, and the responsibility of the institution in granting admissions is emphasized.
The court ruled that the failure of AIIMS to clearly communicate eligibility criteria for admission led to unjust denial of admission to meritorious candidates, emphasizing the need for clarity in ac....
The court emphasized that discretionary remedies under Article 226 are for doing justice and correcting injustice and not the other way round. The court also highlighted the principle that courts sho....
Misrepresentation in the application form regarding eligibility for admission can lead to the cancellation of provisional admission, and equity or sympathy cannot override statutory rules for admissi....
The court upheld the validity of amended eligibility regulations for medical admissions requiring intact limbs and functional competency, emphasizing adherence to application timelines as lawful and ....
Point of law : It is a consistent law right from the very inception that Courts in the rarest of rare case can grant interim protection in the admission matters, when they are convinced that no injus....
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