SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img



IN THE HIGH COURT OF DELHI
Satish Chandra Sharma, Subramonium Prasad, JJ.
Vishnu Todi (Dr.) - Appellant
Versus
All India Institute of Medical Sciences - Respondent
LPA 396 of 2022 & CM Appl. 28407 of 2022
Decided On : 05-08-2022




Institutions are not bound by errors made in admission announcements by examination authorities; admissions are governed by institutional policies and procedures.

Headnote:(A) Constitution of India, 1950 - Articles 14 and 21 - Letters Patent Act, 1865 - Admission to medical courses - Appellant, a Nepalese national, was declared a selected candidate for admission but later informed of a cancellation due to a procedural error by AIIMS regarding seat allocation - The Ld. Single Judge dismissed the writ petition, asserting no automatic right to admission exists merely by taking an exam - The ambiguity in prospectus does not confer rights due to autonomous nature of PGIMER - No seats reserved for Foreign Nationals in relevant sessions. (Paras 1, 7, 19-24)

(B) Educational Admissions - Importance of adherence to institutional prospectus - Claims based on error by the examination authority cannot bind the admitting institution. (Paras 8, 21)

(C) Legal Principles of Fairness - The prerogative of institutions to determine admission policies unless manifestly arbitrary must be respected. (Paras 19, 24)

Facts of the case:
The Appellant improperly categorized under a mistaken allocation process by AIIMS for admission to PGIMER due to lack of seats for Foreign National candidates.

Findings of Court:
The ambiguity in admission policies did not confer any enforceable right to the Appellant for the desired course or session.

Issues: Whether the ambiguity in the prospectus could entitle the Appellant to a seat amid procedural failures of examination authorities.

Ratio Decidendi: The court underscored the distinct seat categories for admissions, emphasizing institutional autonomy in decisions regarding availability and allocation.

Result: Appeal dismissed.

Table of Content
1. facts surrounding the appellant's admission process. (Para 2 , 3 , 4 , 5 , 6 , 15)
2. argument for consideration under sponsored category. (Para 9 , 10)
3. respondents' contention on seat allocation. (Para 11 , 12 , 13)
4. recognition of ambiguity in prospectus. (Para 17 , 19)
5. court's view on applicant's rights and institutional autonomy. (Para 18 , 23)
6. decision on appeal's merit and justifications. (Para 24)
7. final dismissal of the appeal. (Para 25)

JUDGMENT

Subramonium Prasad, J. The instant Letters Patent Appeal under Clause X of the Letters Patent Act, 1865, has been filed challenging the Judgment dated 30.05.2022, passed by the Ld. Single Judge in W.P.(C) 1994/2022, whereby the writ petition filed by the Appellant herein was dismissed.

2. The facts, in brief, leading to the filing of the instant appeal are that the Appellant herein is a Nepalese national who took the examination of Institutes of National Importance Super-Speciality Entrance Test (`INI-SS') in the month of October 2021, which was conducted by All India Institute of Medical Sciences, New Delhi (hereinafter referred to as 'AIIMS') for admission into DM/M.Ch & MD (Hospital Administration) Courses at the "Institutes of National Importance" for medical education, namely, AIIMS, New Delhi; Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER), Puducherry; Post Graduate Institute of Medical Research and Education (PGIMER), Chandigrah; National Institute of Mental Health and Neuro Sciences (NIMHANS), Bengaluru, and Sree Chitra Tirunal Institute for Medical Sciences and Technology (SCTIMST), Trivandrum.

3. It is stated that the entrance test, i.e. Institutes of National Importance Super-Speciality Entrance Test ("INI-SS") is conducted twice a year in the months of January and July. The Appellant herein appeared for the said examination for the academic session commencing from January 2022. The results were declared on 25.12.2021 and a merit list of provisionally qualified candidates was issued by AIIMS wherein the Appellant's Roll Number was shown as selected candidate for admission in PGIMER, Chandigarh for admission in M.Ch. (Cornea, Cataract and Refractive Surgery) course under the `Foreign National' category. It is stated that after the result was announced, the Appellant approached PGIMER, Chandigarh for further procedure of admission. It is stated that by way of an email communication dated 28.12.2021, the Appellant was informed by AIIMS that he need not apply for counselling. Thereafter, the Appellant made several attempts to contact PGIMER, Chandigarh, but no communication was received from PGIMER. It is stated that aggrieved by the lack of communication regarding his admission, the Appellant approached the High Court of Punjab and Haryana at Chandigarh by filing a petition bearing CWP 961/2022. The High Court of Punjab and Haryana vide Order dated 19.01.2022 disposed of the said petition and permitted the Appellant to approach PGIMER, Chandigarh by making a representation, and directed the PGIMER, Chandigarh, to decide the representation expeditiously in accordance with law, preferably before the last date of the admission, i.e. 31.01.2022.

4. It is stated that on 25.01.2022, an email communication was sent by AIIMS to the Appellant, which reads as under:

    "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 Catego

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top