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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, J.
Disha Keyurkumar Trivedi – Appellant
Versus
Union Of India – Respondent
R/Special Civil Application No. 11773, 11781, 11783 of 2021
Decided on : 07-09-2021
Constitution of India,1950 – Article 226 -Examination– Internship - Petitioners have completed their MBBS course and were undergoing Compulsory Rotatory Internship which would get completed other date - Petitioners wish to pursue a Post Graduate Degree after appearing for NEET-PG Examination - Grievance with which petitioners have approached this Court is that respondents have fixed as last date of completion of compulsory one year rotational internship to enable petitioners to participate in National Eligibility Cum Entrance Test (Post-Graduate) i.e. NEET-PG Examination to be held petitioners would complete internship only, direction upon respondents is sought to extend eligibility criteria of cutoff date of completion of internship for NEET-PG 2021 Examination to be conducted - Learned advocate for petitioners submitted that due to circumstances arising on account of pandemic Covid-19, NEET-PG Examination which is normally held in the month of January has been postponed - According to him, schedule for conducting Examination is in consistence with completion of the internship or even later - It was submitted that such a modification to extend date of eligibility criteria of internship would not disturb the proposed schedule and would ensure to benefit of several candidates whose internship would not be completed - Whether = writ court can interfere with cut-off dates in academic matters is not.
Finding of the Court:
This Court is sympathetic to passionate claim that has been made by the petitioner seeking for the extension of cut-off date for completion of the internship - However, sympathy by itself cannot be a ground for issuing any positive directions, more particularly, when it comes to education - Cut-off dates are not fixed based on individual claims made and the respondents will have to take into consideration a wide range of options and take a decision - Respondents had in fact taken into consideration pandemic situation and had extended the time for the completion of the internship - Learned counsel appearing on behalf of respondent has made it clear that there is no further scope for extension of the cut-off date beyond - Court in respectful agreement with the view taken by Madras High Court, which is also consistent with the binding precedents of this Court- Court also in agreement with respect to the view taken by Delhi High Court and the Madras High Court and for the same reasons these petitions are dismissed.
Result: Dismissed
ORDER :
Heard learned advocate Mr.Prateek S. Bhatia for the petitioners and learned advocate Mr.Krutik A. Parikh for the respondent No.3.
1. By these petitions, the petitioners who are Doctors have prayed for the following reliefs :
(B) In the Alternative, Your Lordships may be pleased to direct Respondent No.2 to decide the representation dated 10.08.2021 submitted by the Petitioner:
(C) Any other appropriate order or orders as deemed just be also passed.”
2. As facts of all the petitions are identical, the same are heard analogously and are disposed of by this common order.
3.1. The petitioners have completed their MBBS course in July 2020 and were undergoing Compulsory Rotatory Internship which would get completed on 19th October, 2021.
3.2. The petitioners wish to pursue a Post Graduate Degree after appearing for NEET-PG Examination. The grievance with which the petitioners have approached this Court is that the respondents have fixed 30th September, 2021 as the last date of the completion of the compulsory one year rotational internship to enable the petitioners to participate in the National Eligibility Cum Entrance Test (Post-Graduate) i.e. NEET-PG Examination to be held on 11th September, 2021. The petitioners would complete internship only on 19.10.2021 and therefore, direction upon the respondents is sought to extend the eligibility criteria of cut off date of completion of internship for NEET-PG 2021 Examination to be conducted on 11th September, 2021 from 30th September, 2021 to 20th October, 2021.
4.1. Learned advocate Mr.Prateek Bhatia for the petitioners submitted that due to the circumstances arising on account of pandemic Covid-19, the NEET-PG Examination which is normally held in the month of January has been postponed to 11th September, 2021. According to him, the schedule for conducting the Examination is in consistence with completion of the internship by 31st October, 2021 or even later. It was submitted that such a modification to extend the date of eligibility criteria of internship from 30th September, 2021 would not disturb the proposed schedule and would enure to the benefit of several candidates whose internship would not be completed by 30th September, 2021.
4.2. Learned advocate Mr.Bhatia for the petitioners relied upon the Medical Council of India Post Graduate Medical Education Regulation, 2000 (PGMER) to point out that the schedule for completion of admission process for Post Graduate Medical Courses provides that the entrance examination be conducted by 10th January and the result be declared by the end of January and counselling is to be conducted in three months between 12th March and 8th May with 31st May being the last date of admission in Post Graduate Course. It was submitted that in view of the prescribed schedule the last date of completion of internship for the purpose of eligibility for appearing in the NEET-PG Examination was fixed as 31st March, 2021.
4.3. It was submitted that however, due to pandemic Covid-19, the Medical Council of India, now National Medical Commission respondent No.2- herein by Notification dated 7th April, 2020 extended the last date for completion of internship to 30th April, 2021.
4.3. It was submitted that National Board of Examination by Notice dated 23rd February, 2021 fixed the NEET-PG Examination on 18.04.2021 and results were to be declared on 31.05.2021. It was submitted that at the relevant time, National Board of Examination also issued an Examination Information Bulletin wherein, it was provided that last date for completion of internship was extended to 30th June, 2021.
4.4. It was
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