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JYOTI SINGH
Damini Sonker – Appellant
Versus
Union of India – Respondent
JUDGMENT
Jyoti Singh, J.
1. This writ petition has been filed by the Petitioner seeking the following reliefs:
"(a) Quash the memorandum dated 18.06.2021, 12.07.2021, 01.09.2021, 22.10.2021 and 04.07.2022 whereby the Respondent No.2 had rejected the Petitioner's request to allow the Petitioner to rejoin the M.Sc. Nuclear Medicine Course in Nuclear Medicine Dept. AIIMS;
(b) Direct the Respondent No. 2 to allow the Petitioner to appear for the final examination of M.S.C. Nuclear Medicine being held in December, 2022 or any future date;
(c) Direct the Respondent No.2 to grant of study leave to the Petitioner for completion of her M.S.c. in Nuclear Medicine."
2. Petitioner joined the two-years M.Sc. Nuclear Medicine Course in Nuclear Medicine Department, AIIMS/Respondent No.2 (hereinafter referred to as 'AIIMS') on 03.08.2019, but did not complete the same. Case set up by the Petitioner is that on account of Pandemic COVID-19 and the consequent lockdown imposed by the Government, she was unable to attend the course from 27.03.2020 upto 02.09.2020 due to lack of transportation facilities. The grievance of the Petitioner, in a nut-shell, is that AIIMS had acted arbitrarily and unreasonably
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....
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....
Admission criteria cannot be altered post-publication of eligibility requirements; disqualifications must be explicitly stated in the prospectus.
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....
(1) Study Leave – No leave can be claimed as a matter of right.(2) Court cannot be oblivious to legitimate expectation of COVID-19 warriors (Doctors) to fair treatment, to enable them to pursue highe....
Academic institutions hold the authority to enforce attendance and training requirements for qualifications; writ courts have limited jurisdiction in these matters.
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 judgment established that mandamus lies only when there is a judicially enforceable right, and the absence of such a right precludes the issuance of mandamus.
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