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IN THE HIGH COURT OF DELHI AT NEW DELHI
JASMEET SINGH, J.
Meet Bhadresh Shah – Petitioner
Versus
All India Institute Of Medical Sciences & Ors. – Respondents
W.P.(C) NO. 78 of 2026
Decided On : 02-02-2026
| Table of Content |
|---|
| 1. challenge to rejection of admission (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 2. petitioner's arguments on eligibility criteria (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 3. institution's arguments on policy discretion (Para 26 , 27 , 28 , 29 , 30) |
| 4. judicial review in academic matters (Para 32 , 33 , 34 , 35 , 36) |
| 5. interpretation of residency requirements (Para 39 , 40 , 41 , 42 , 43 , 44 , 46 , 47 , 51) |
| 6. decision to quash rejection letter (Para 52 , 53 , 54 , 55) |
JUDGMENT :
JASMEET SINGH, J.
1. By way of this writ petition, the petitioner has approached this Court to challenge the rejection letter dated 02.01.2026 issued by the respondent No. 1 for cancelling the candidature of the petitioner for admission in DM Critical Care Medicine programme at the respondent No. 1 Institute.
FACTUAL MATRIX AS PER THE PETITIONER
2. The petitioner is a candidate seeking admission to the DM Critical Care Medicine programme, for which he appeared in the Institute of National Importance Super-Specialty (“INI-SS”) Entrance exam and secured an All India Rank of 4. The respondent No. 1 is the All India Institute of Medical Sciences, New Delhi (“AIIMS”), which conducted the INI-SS examination, the respondent No. 2 is the Union of India, the respondent No. 3 is the National Medical Commission, the respondent No. 4 is the Gujarat University, and the respondent No. 5 is the GCS Medical College, Hospital and Research Centre, Ahmedabad.
3. The petitioner completed his MBBS degree in 2021 at GCS Medical College, Ahmedabad and appeared for NEET-PG 2021 examination on 11.09.2021, through which he was allotted a seat in MD (Anaesthesiology). The NEET-PG 2021 examination was conducted during the COVID-19 Pandemic because of which it also got rescheduled twice.
4. National medical Commission (“NMC”) and Post-Graduate Medical Education Board (“PGMEB”) on 11.01.2022 issued a circular clarifying that due to COVID-19 pandemic, the academic session for the post graduate Course would commence from 01.02.2022.
5. The petitioner was allotted MD (Anaesthesiology) seat in Pramukhswami Medical College on 29.01.2022 through the first round of counselling conducted by Medical Counselling Committee (“MCC”) and the Admission Committee for professional post graduate medical education Course. The petitioner joined the allotted College on commencement of the said Course i.e. 01.02.2022 and resigned from it on 15.02.2022, thereby undertaking his 15 days of PG residency in the department of Anaesthesiology.
6. On 02.03.2022 through 2nd round of counselling the petitioner got allotted AMC MET Medical College, Ahmedabad, and he took admission in PG residency/course (Dept. of Anaesthesiology) on 08.03.2022 and resigned from it on 30.04.2022, thereby undertaking 54 days of PG residency training in the department of Anaesthesiology.
7. On 29.04.2022, through 3rd round of counselling, the petitioner was allotted GCS Medical College, Ahmedabad. The petitioner joined the institution on 02.05.2022 and left it on 21.02.2025, thereby, completing 1026 days of PG residency in the department of Anaesthesiology.
8. During his postgraduate study, the petitioner transitioned between three institutions in accordance with the authorised counselling process. The petitioner undertook the medical residency in the first and second rounds at different institutions for 15 and 54 days, respectively, until he got admission in his top preference university, i.e. the GCS Medical College, where he completed the remaining 1026 days of medical residency.
9. Based on this completion of tenure in accordance with NMC norms, the petitioner was awarded MD Degree with registration number. Thereafter, the petitioner was appointed as a Senior Resident in the department of Anaesthesiology, GCS Medical College and served there from 11.03.2025 to 14.06.2025.
10. The petitioner applied for the INI-SS exam for the DM Critical Care Medicine Programme (January 2026 session). The pr
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