Back
HIGH COURT OF DELHI
MR. JUSTICE PURUSHAINDRA KUMAR KAURAV, J
DR. DEEPAK SURESH KUMAR & ANR. – Appellant
Versus
ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ORS. – Respondent
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 IN
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....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
