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2024 DHC 9775
IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV, J.
Dr. Deepak Suresh Kumar, S/o. Dr. K.P. Suresh Kumar - Petitioner
Versus
All India Institute Of Medical Sciences, Through Its Registrar Dr. Girija Prasad Rath, Through Its Dean Dr. Kaushal Kumar Verma, Through Its Assistant Controller Of Examinations Sh. Manoj Kr. Singh and Ors. – Respondents
W.P.(C) 8943 of 2024, CM APPL. 36529 of 2024, CM APPL. 40931 of 2024 and CM APPL. 44013 of 2024, W.P.(C) 9642 of 2024, CM APPL. 39630 of 2024, CM APPL. 39631 of 2024, CM APPL. 44790 of 2024 and CM APPL. 49709 of 2024
Decided On : 16-12-2024
Advocates Appeared :
For the Petitioner : Mr. Sameer Parekh, Ms. Sonali Basu Parekh, Mr. E.R. Kumar, Ms. Pratyusha Priyadarshini and Ms. Aditi, Advocates.
For the Respondents : Mr. Anand Varma, Ms. Apoorva Pandey and Mr. Ayush Gupta, Advocates, Mr. Umang Chopra, SPC with Mr.Karan Malhotra and Mr.Aditya Malhotra, G.P., Mr. Sudarshan Rajan, Mr. Hitain Bajaj, Mr.Atyan Ahmed, Mr.Mahesh Kumar and Mr.Ramesh Rawat, Advocates.
JUDGMENT :
W.P.(C) 8943/2024
By way of the captioned petition, two young doctors have knocked on the doors of this Court being aggrieved by the Office Memorandum dated 26.06.2024 as also the notice dated 29.06.2024, whereby, they have been declared ineligible for admission in the super speciality program in Cardiothoracic and Vascular Surgery and in Gastrointestinal Surgery, respectively, in All India Institute of Medical Sciences (hereinafter referred to as “AIIMS”) for the session commencing from July, 2024.
2. The brief facts that are pertinent to decide the controversy at hand would indicate that the petitioners have completed their MBBS degree from the CMC Vellore, Tamil Nadu and Vardhaman Mahavir Medical College and Safdarjung Hospital, New Delhi in the year 2018 and 2019, respectively. Being desirous of pursuing post-graduation in MS (General Surgery), they made an application for appearing in the Institute of National Importance-Combined Entrance Test (hereinafter referred to as “INI-CET examination”) for the July, 2021 session, which was being conducted by AIIMS. However, due to the then prevailing COVID-19 pandemic, on 18.07.2021, AIIMS issued a notification, whereby, the INI-CET examination was rescheduled to 22.07.2021 and accordingly, the petitioners participated in the said examination as per the revised schedule. Thereafter, on 26.07.2021, the results of the INI-CET examination were declared and the petitioners were allotted seats at PGIMER-Chandigarh for the MS (General Surgery) program for the academic session 2021-2024. However, the pandemic also delayed the process of counselling and the petitioners eventually got admission at PGIMER-Chandigarh on 18.08.2021 and 21.08.2021 i.e., after a delay of 48 days and 51 days, respectively. While granting admission to the petitioners in the said course, PGIMER-Chandigarh issued an authorisation slip indicating that the delay in joining shall be adjusted against the sanctioned due leaves in the 1st year and 2 nd year of the Course. The petitioners, on the pretext of such assurance on the part of PGIMER-Chandigarh, diligently continued their course and undertook all the required examinations.
3. On 26.03.2024, AIIMS issued a notification for online registration for the Institute of National Importance-Super Speciality Entrance Test (hereinafter referred to as “INI -SS examination") for admission into DM/M.Ch./MD Hospital Administration Courses at Institutes of National Importance for July, 2024 session.
4. In order to pursue a super speciality course, the petitioners registered for the INI-SS examination on 31.03.2024, indicating theirdate of completion of MS (General Surgery) degree at PGIMER- Chandigarh as 30.06.2024. On 27.04.2024, the INI-SS examination was conducted and the results of Stage-I examination were declared on 04.05.2024, wherein, the petitioners succeeded in qualifying for the Stage II interview. Subsequently, on 15.05.2024 and 16.05.2024, AIIMS conducted Stage II interviews of petitioner nos.1 and 2, respectively. Thereafter, on 19.05.2024, the petitioners were intimated by AIIMS to upload their tenure/ bonafide certificates in case their MD/MS exam results were awaited and in pursuance of the same, the said certificate was uploaded by the petitioners on 20.05.2024 indicating the date of completion of the course as 30.06.2024.
5. Subsequently, on 27.05.2024, AIIMS published the list of ineligible candidates, however, the names of the petitioners did not find mention in the said list. In furtherance of the same, on 29.05.2024, the results of INI-SS examination were declared and the petitioners passed the said examination with flying colours, securing rank 1 and rank 2 in their respective specializations.
6. The AIIMS, thereafter, conducted counselling and the petitioners were allotted seats at AIIMS, New Delhi vide offer letter dated 19.06.2024. Consequently, they completed all the requisite formalities and on 21.06.2024, after verification of all the document
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 court ruled that fragmented completion of required residency days at multiple institutions satisfies eligibility, given lack of explicit restrictions in the admission criteria, emphasizing the ne....
The court emphasized that discretionary remedies under Article 226 are for doing justice and correcting injustice and not the other way round. The court also highlighted the principle that courts sho....
Admission criteria cannot be altered post-publication of eligibility requirements; disqualifications must be explicitly stated in the prospectus.
The main legal point established in the judgment is that the rules set out in the Prospectus cannot be altered mid-way, and any disqualification for admission must be explicitly mentioned in the Pros....
In cases of erroneous admissions, the institution cannot cancel admissions after the course has started if the candidates were not at fault, and the principle of estoppel applies.
Admissions should not be cancelled without any wrongdoing or default on the part of the candidate, and the responsibility of the institution in granting admissions is emphasized.
Point of law : It is a consistent law right from the very inception that Courts in the rarest of rare case can grant interim protection in the admission matters, when they are convinced that no injus....
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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