IN THE HIGH COURT OF DELHI
Prateek Jalan, J.
Arman Sindhu - Appellant
Versus
Union of India - Respondent
W.P.(C) 8429 of 2021 & CM Appl. 26090 of 2021
Decided On : 18-08-2021
| Table of Content |
|---|
| 1. petitioner seeks extension of internship completion date. (Para 1) |
| 2. arguments presented regarding pandemic impact on exam schedule. (Para 2 , 10) |
| 3. regulatory timeline adaptations noted due to covid-19. (Para 3 , 4 , 5 , 6 , 7) |
| 4. petition seeks multiple writs for extending deadlines. (Para 8) |
| 5. government agencies respond to petition. (Para 9) |
| 6. precedent judgments referenced against petitioner's claim. (Para 11 , 12 , 14 , 15 , 19) |
| 7. court emphasizes limits of judicial intervention in academic timelines. (Para 16 , 18) |
| 8. agreement with madras high court’s decision regarding cut-off dates. (Para 20) |
| 9. writ petition dismissed without costs. (Para 21 , 22) |
JUDGMENT
1. The petitioner is a doctor. He has completed the MBBS course from Rohilkhand Medical College, Bareilly, Uttar Pradesh and wishes to pursue a post graduate degree. The grievance with which he has approached the Court is that the respondents have fixed 30.09.2021 as the last date for completion of the compulsory one-year rotational internship to enable a candidate to participate in the National Eligibility cum Entrance Test (Post Graduate) [hereinafter, "NEETPG"] examination to be held on 11.09.2021. The petitioner will complete his internship only on 25.10.2021, and therefore seeks a direction upon the respondents to extend the date of completion of internship from 30.09.2021 to 31.10.2021.
2. Mr. Sanjay Sharawat, learned counsel for the petitioner, submitted that this year, due to circumstances arising out of the Coronavirus pandemic, the NEET-PG examination, which is normally held in the month of January, has been postponed to 11.09.2021. According to him, the schedule laid down by the respondents is entirely consistent with completion of the internship by 31.10.2021 or even later. He submits that such a modification would not disturb the proposed schedule, and would enure to the benefit of several candidates whose internship will not be completed by 30.09.2021, but soon after.
3. In support of this contention, Mr. Sharawat drew my attention to the Medical Council of India Postgraduate Medical Education Regulations, 2000 [hereinafter, "PGMER"] wherein the schedule for completion of the admission process for post graduate medical courses has been laid down. This schedule provides that the entrance examination be conducted by 10th January and result be declared by the end of January. Counselling is to be conducted in three rounds between 12th March and 8th May, with 31st May being the last date of joining. In conjunction with this schedule, Mr. Sharawat submitted that the last date for completion of internship for the purposes of eligibility for writing the NEET-PG examination is fixed as 31.03.2021.
4. In the wake of the Coronavirus pandemic, by a notification dated 07.04.2020, the Medical Council of India, now the National Medical Commission [respondent no. 2 herein] [hereinafter, "NMC"], extended the last date for completion of internship to 30.04.2021.
5. By a notice dated 23.02.2021, the National Board of Examinations [hereinafter, "NBE"] [respondent no 3 herein] fixed the NEET-PG examination for 18.04.2021 and the results were to be declared on 31.05.2021. At this time, the NBE also issued an examination information bulletin, in which it was provided that the last date for completion of internship was extended to 30.06.2021.
6. Due to the intervening outbreak of the second wave of COVID-19 pandemic in the country, the examination was not held on 18.04.2021. The Ministry of Health and Family Welfare, Government of India issued a letter dated 03.05.2021 to the State Governments stating that the NEET-PG examination was being postponed and would not be held prior to 31.08.2021. The aforesaid letter also called upon the States to utilize prospective NEET-PG candidates in the COVID-19 workforce. According to the petitioner, he has also been serving in COVID-19 related duties since April, 2021.
7. The NEET-PG examination has now been
Judicial discretion in extending eligibility deadlines for medical examinations should be exercised cautiously, respecting established procedures and avoiding arbitrary interventions based on individ....
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....
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....
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....
NEET-PG 2022 examination – Postponement of any examination is replete with serious consequences – Needs of patient care and treatment must be paramount in clash of rival interests between those docto....
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....
The main legal point established in the judgment is the importance of providing evidence and demonstrating a violation of rights or regulations when seeking relief under Article 226 of the Constituti....
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.
The main legal point established in the judgment is the importance of strict adherence to the admission schedule prescribed by the Medical Council of India's Regulations 2000 and the principle of mer....
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