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IN THE HIGH COURT OF DELHI AT NEW DELHI
Vikas Mahajan, J.
Dr. Ranjan Agrawala – Appellant
Versus
University of Delhi & Ors. – Respondents
W.P.(C) 4357 of 2022 & CM APPL. 35594 of 2022
Decided On : 23-06-2023
MD Course - University Regulations - Ordinance 26 of the Postgraduate (Degree/Diploma) Post-Doctoral Courses Ordinance, 2011 - Summary of Acts and Sections: The court discussed the span period for completing the MD course as prescribed by the University of Delhi and the Postgraduate Medical Education Regulation, 2000. The court emphasized the importance of adhering to the statutory training period and other requirements prescribed for completion of the MD course. The court also highlighted the petitioner's failure to fulfill the requisite criteria for availing the centenary chance provided by the University.
Fact of the Case:
The petitioner, a student pursuing the MD (Radiodiagnosis) course, left the course midway to join the Indian Revenue Service. He sought permission to complete the course at a later time, citing mandatory service requirements. The University of Delhi had prescribed a 'span period' for completing the course, and the petitioner sought to avail the 'centenary chance' offered by the University to complete the degree after the expiry of the span period.
Finding of the Court:
The court found that the petitioner did not fulfill the statutory training period and other requirements prescribed for completion of the MD course. The court dismissed the petitioner's claim for the centenary chance, emphasizing that the petitioner failed to demonstrate an enforceable statutory right for relaxing the span period or the right to take the centenary chance examination under the notifications of the respondent-university.
Issues: The issues involved in the case were whether the petitioner could be allowed to complete the MD course after the expiry of the prescribed 'span period' and whether the petitioner was entitled to the benefit of the 'centenary chance' offered by the University of Delhi.
Ratio Decidendi: The court held that the petitioner's failure to fulfill the requisite criteria for availing the centenary chance provided by the University, including the completion of the statutory training period and other requirements prescribed for the MD course, rendered his claim for the centenary chance untenable.
Final Decision: The court dismissed the writ petition, finding no merit in the petitioner's case.
JUDGMENT
Vikas Mahajan, J. The short questions involved in the present writ petition are (i) whether the petitioner, who after completing more than 02 years of the 03 years M.D. (Radiodiagnosis) course, left the same to join Indian Revenue Service (Income Tax) could be allowed to complete his MD course after the expiry of "span period" prescribed for completing the same, and (ii) whether the petitioner is entitled to the benefit of "centenary chance" offered by the University of Delhi (respondent no. 1) to all its students who could not complete their degree within the "span period", in terms of the notifications dated 28.04.2022 and 08.07.2022 issued by the University of Delhi (respondent no. 1).
2. The brief facts giving rise to the present writ petition are that the petitioner after successful completion of his MBBS course in January, 2012, appeared in All India Medical Examination for Post Graduate Medical Course (M.D./M.S./Diploma), which was then conducted under the aegis of AIIMS, New Delhi. The petitioner secured All India Rank of 145 in the said examination and vide letter dated 29.06.2012 was admitted to the 03 year M.D. (Radiodiagnosis) course at the University College of Medical Sciences, GTB Hospital, New Delhi (respondent no. 2). The petitioner joined the 03 year course of M.D. (Radiodiagnosis) programme with the respondent no. 2 after completing all requisite formalities.
3. While pursuing the M.D. (Radiodiagnosis) course with the respondent no. 2, the petitioner cleared the Civil Services (Main) Examination 2013 and on the basis of his All India Rank of 317, he was allowed a place in the Indian Revenue Services (Income Tax).
4. Since post selection, joining the training for a period of 16 months was a mandatory requirement at the Indian Revenue Service, the petitioner left the M.D. (Radiodiagnosis) course and went for training leaving the M.D. programme midway. The petitioner joined the mandatory training of Indian Revenue Service at the National Academy of Direct Taxes, Nagpur w.e.f. 22.12.2014.
5. The pleaded case of the petitioner in the writ petition is that even before joining the training, the petitioner requested the respondent no. 3, the Dean, Faculty of Medical Sciences, University of Delhi, to grant him permission to join the Indian Revenue Service and to allow him to complete his final year at a later point in time. It is further pleaded by the petitioner that he was granted permission by the respondents.
6. It is also the case of the petitioner that being an employee of Central Government, the petitioner was duty bound to comply with the mandatory provisions envisaged under Central Civil Services (Leave) Rules, 1972, which proscribed availing of leave before completion of 5 years of regular continuous service (including the period of probation).
7. At this stage, it is apposite to refer to Ordinance 26 of the Postgraduate (Degree/Diploma) Post-Doctoral Courses Ordinance, 2011 [in short "Ordinance, 2011"] of the University of Delhi, which provides the "span period" for passing the degree and diploma examination and post graduate courses, and reads as under:
"26. Span Period:
(i) Students admitted to MD/MS/MDS courses should pass the degree examination within 5 years after registration to the course.
(ii) Students admhitted to the M.Ch. and D.M. courses should pass the examinations within 5 years from the date of registration to the course.
(iii) Students admitted for diploma courses shall pass the examination within 4 years from the date of registration to the course. Similar rules will apply for 2 years MD/MS course where the student had obtained diploma at the time of registration.
(iv) Salary in lieu of the training period will only be payable for the regular duration.
EXPLANATION: If a student leaves after submission of thesis and wants to continue study during the span period he/she will not be entitled for salary."
8. The other relevant ordinances of the Ordinance, 2011 read as under:
9.1
No vaca
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Academic institutions hold the authority to enforce attendance and training requirements for qualifications; writ courts have limited jurisdiction in these matters.
Point of Law : Where the training is largely achieved on the job, the training requirement cannot be divorced altogether from the question of excessive leave.
The stipulation for a two-year internship for foreign medical graduates is upheld as valid, ensuring adequate clinical training crucial for public health standards, especially post-COVID-19.
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