An administrative discretion by PGIMER to reserve seats for foreign nationals only in specific academic sessions cannot create an inherent right to admission across other categories or schedules.

JUDGMENT

Sanjeev Narula, J. (Oral)--Petitioner - a Nepalese national, is aggrieved with the denial of admission in M.Ch. (cornea, cataract and refractive surgery) course [hereinafter, "said course"] by Respondent No. 2 - Post Graduate Institute of Medical Research and Education, Chandigarh ["PGIMER"], despite fulfilling the eligibility criteria and being declared as a selected candidate in the entrance test for Institutes of National Importance Super-Speciality ["INI-SS"] conducted by Respondent No. 1 - Examination Section of All India Institute for Medical Sciences ["AIIMS"], pursuant to a Merit List dated 25th December 2021, on the ground that Respondent No. 2 did not have any seats reserved for foreign national candidates. He thus seeks direction to Respondents to grant him admission.

BRIEF FACTS

2. In October, 2021, AIIMS invited applications from eligible candidates, including foreign nationals, for admission to various degree courses, including the said course, for the academic session commencing from January 2022. Pursuant thereto, Petitioner appeared for, and subsequently cleared the INI-SS Examination. On 25th December, 2021, AIIMS released a merit list of provisionally qualified candidates, wherein Petitioner was selected for admission in PGIMER in the said course under the `foreign national' category.

3. It is the case of the Petitioner that pursuant to the result, he made several attempts to contact PGIMER regarding further procedure for admission. By way of an email communication dated 28th December, 2021, he was informed by AIIMS that he need not apply for counselling. Thereafter, as he did not receive any further instructions, aggrieved from the lack of communication regarding his admission, Petitioner approached the High Court of Punjab and Haryana at Chandigarh, which, vide order dated 19th January, 2022, directed him to approach the Director of PGIMER, and accordingly, he made a representation dated 20th January, 2022.

4. Thereafter, on 25th January, 2022, by way of an email communication, he was informed by AIIMS that the allocation of seat to him was erroneous and no seat was available to foreign national candidates at PGIMER. The said communication reads as follows:

"From: AIIMS INI-SS

Date: Tue, Jan 25, 2022, 17:05

Subject: Withdrawal of Candidature for M.Ch-Cornea, Cataract & Refractive Surgery at PGIMER, Chandigarh for January-2022 session

To: Vishnu Todi

Cc: DMMCh Section

Dear Candidate,

Attention drawn towards allocation of seat for course M.CH in subject/specialty of Cornea, Cataract and Refractive Surgery Vide result notification 205/2021 dated 25.12.2021.

It is informed that seats under Sponsored and Foreign National category are not interchangeable at PGIMER, Chandigarh and an allocation to you has been made inadvertently. The mistake has been communicated to you by the PGIMER on the day of reporting at the Institute.

In continuation of same it is hereby informed that the said allocation on sponsored seat in M.Ch. Cornea, Cataract and Refractive Surgery stands cancelled as you have applied under Foreign National Category and there is no seat available for Foreign National in the said specialty at PGIMER, Chandigarh.

The inconvenience caused is deeply regretted."

5. Pursuant to AIIMS's communication, PGIMER, vide letter dated 29th January 2021, withdrew the Petitioner's admission, stating that seats under the above-noted categories are not interchangeable at PGIMER, Chandigarh.

6. Assailing the two aforesaid communications as arbitrary and unjust, Petitioner has filed the present writ petition.

CONTENTION