Eligibility criteria for postgraduate AYUSH courses require timely completion of internships, and courts cannot grant extensions without demonstrating manifest arbitrariness.

JUDGMENT

Prateek Jalan, J. (Oral)

The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].

1. The petitioners are candidates for admission to postgraduate AYUSH courses. They are students of the Bachelors Degree courses [BUMS/BAMS/BSMS/BHMS] and have taken the All India Ayush Postgraduate Entrance Test, 2021 ["AIAPGET-2021"] on 18.09.2021. Their grievance in this writ petition is that the eligibility qualifications for the postgraduate courses provides for completion of compulsory one year rotating internship [which is part of the bachelors degree course] by 31.12.2021, whereas the petitioners will complete their internships only in January, 2022.

2. The National Testing Agency [respondent No. 3] called for applications for the AIAPGET-2021 by a public notice dated 03.08.2021. An information bulletin was also published, in which the eligibility condition with regard to internship was laid down in paragraph 5.3, which reads as follows:

"5.3 The dates indicated by candidates in regard to 12 months Compulsory Rotating Internship i.e. starting date, completion date, shall be treated as final and candidates will be required to submit the original Compulsory Rotating Internship completion certificate at the time of counselling.

The cut-off date for completion of internship towards determination of eligibility for appearing in AIAPGET-2021 shall be 31st October 2021."<$f Emphasis supplied.>

The date of 31.10.2021 provided therein has been extended to 31.12.2021, by a notice dated 16.08.2021, issued by the Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy, Government of India ["the Ministry"].

3. Mr. Manoj Khanna, learned counsel for the petitioners, submits that the petitioners have secured meritorious ranks in the AIAPGET-2021, but will be unable to qualify for the postgraduate courses unless some flexibility is shown in the last date of completion of internships. He submits that the petitioners' internships were delayed by reasons arising out of Covid-19 pandemic, as the issuance of their provisional degree certificates was delayed by the concerned universities. Mr. Khanna further points out that the counselling for admission to postgraduate courses has been delayed by virtue of orders passed by the Supreme Court in proceedings filed by Economically Weaker Section category candidates [W.P.(C) 961/2021: Neil Aurelio Nunes & Ors. vs. Union of India & Ors.].

4. Mr. Apoorv Kurup, learned counsel for the respondent no.1-Union of India ["UOI"], submits that the petitioners had earlier approached this Court for similar relief in W.P.(C) 8687/2021 [Radhika Ashar vs. Union of India], which was disposed of on 18.08.2021, directing the UOI to consider the request, treating the writ petition as a representation. In the order dated 18.08.2021, it was recorded as follows:

"2. Mr. Manoj Khanna, learned counsel for the petitioners, contends that the date for the post-graduate entrance examination has not yet been fixed. However, by an order dated 16.08.2021 issued by the respondent No. 2-Ministry of Ayush, Government of India ["the Ministry"], the last date for completion of internships, which is an eligibility condition for admission to the postgraduate courses, has been extended until 31.12.2021. The petitioners herein seek extension of that date until 31.01.2022 as they will be completing their internships during the month of January, 2022.

3. After some hearing, Mr. Khanna submits that the relief sought may be considered by the Ministry, in consultation with the other respondents as considered necessary.

4. The respo