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
| 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
Institutions are not bound by errors made in admission announcements by examination authorities; admissions are governed by institutional policies and procedures.
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.
The court ruled that the failure of AIIMS to clearly communicate eligibility criteria for admission led to unjust denial of admission to meritorious candidates, emphasizing the need for clarity in ac....
The Chandigarh Administration has the authority to impose distinct admission criteria for MBBS and BDS courses for Foreign Indian Students, justifying the exclusion of NRI wards among other provision....
: Benefit of reservation must reach deserving candidate in category and is not eaten away or affected by a candidate of reserved category, who, on strength of his merit, has equal or better merit tha....
The allocation of reserved seats must follow institutional policies ensuring compliance with relevant laws, without arbitrary conversion of categories.
Admissions to Post Graduate courses must recognize prior rural service of candidates despite changes in area categorization, ensuring compliance with constitutional principles of equality.
Point of law: Occasion to consider the nature of relief that can be granted to a student after the last date of admissions in case it was found that the said candidate was denied admission illegally.
The main legal point established in the judgment is that the Board failed to act in conformity with the mandate and spirit of the J&K Reservation Act, 2004, and Rules 15 and 17, leading to the denial....
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