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2020 Supreme(P&H) 1046
IN THE HIGH COURT OF PUNJAB AND HARYANA
Rajiv Sharma, Harinder Singh Sidhu, JJ.
Nipun Sharma - Appellant
Versus
Post Graduate Institute Of Medical Education And Research, Sector 12 Chandigarh - Respondent
Civil Writ Petition No. 10684 of 2020
Decided On : 14-08-2020
D.S. Patwalia, Advocate, Gaurav Rana, Advocate, Amit Jhanji, Advocate
The Prospectus has the force of law and must be strictly followed. The doctrine of reading down or recasting the statute can only be applied in limited situations and cannot be used to alter clear and unambiguous provisions.
Headnote:
Prospectus - Admission Criteria - 7(3)(g) - The court upheld the strict adherence to condition 7(3)(g) of the Prospectus and denied the request for change of category after the last date of application and granting admission against the vacant seat in the sponsored category.
Fact of the Case:
The petitioner sought admission to a super specialty course in Plastic Surgery at PGIMER under the 'Sponsored Category' after initially applying under the 'General Category'. The petitioner secured 2nd rank in the 'General Category' but was not considered for admission under the 'Sponsored Category' due to a vacant seat.
Finding of the Court:
The court found that the petitioner's request for change of category after the last date of application could not be entertained as per the Prospectus. The court upheld the strict adherence to condition 7(3)(g) of the Prospectus and denied the request for change of category after the last date of application and granting admission against the vacant seat in the sponsored category.
Issues: The main issue was whether the petitioner's request for change of category from 'General' to 'Sponsored' could be entertained after the last date of application as per the Prospectus.
Ratio Decidendi: The court held that the Prospectus has the force of law and must be strictly followed. It emphasized that the doctrine of reading down or recasting the statute can only be applied in limited situations and cannot be used to alter clear and unambiguous provisions.
Final Decision: The court dismissed the petition, upholding the strict adherence to condition 7(3)(g) of the Prospectus and denying the request for change of category after the last date of application and granting admission against the vacant seat in the sponsored category.
JUDGMENT
Harinder Singh Sidhu, J. - This writ petition has been filed for issuance of writ, order or direction for reading down condition 7(3)(g) as contained in the Prospectus for Session July, 2020 issued by respondent - PGIMER for admission to DM/M.Ch. Courses, wherein it has been provided that no request for change of category applied for shall be entertained after submission of application to the extent that in case no eligible candidate is available under the 'Sponsored Category', then elegible candidate, if available, under 'General Category' be considered and granted admission to the course of Master of Surgery (M.Ch.) (Plastic Surgery) on fulfilling the requisite eligibility conditions.
2. Further prayer has been made for setting aside the action of respondent in not considering the candidature of petitioner for said course against vacant seat available under 'Sponsored Category' in view of fact that petitioner had applied for direct category.
3. It is also prayed that the NOC/Sponsorship Certificate (Annexure-P 6) issued in favour of petitioner by Department of Health and Family Welfare, Himachal Pradesh be accepted..
4. The petitioner secured admission in MBBS Course at Indira Gandhi Medical College and Hospital at Shimla (2006-2012) and served in rural area after appointment in 2013 for a total period of 21/2 years. He was selected for Post Graduate Course in General Surgery in 2017 as a sponsored candidate (2017 to 2019) in PGIMER, Chandigarh and secured 2nd rank in Post Graduation final examination. After completing his Post Graduation successfully with the respondent-institution he joined back as a Medical Officer in Deendayal Upadhyay Zonal Hospital, Shimla. Thereafter, the petitioner with an aim to study further and super specialize in the field of Plastic Surgery decided to get admission in the Master of Surgery (M.Ch.) (Plastic Surgery).
5. As per the Prospectus for the Session July 2020 in the PGIMER for securing admission in Post Graduation or Super Specialty Course i.e. M.Ch., two categories have been provided i.e. (a) General category and (b) Sponsored Category. In 'General Category', a candidate can apply directly i.e. without seeking permission of any State authority directly whereas in the 'Sponsored Category' only that candidate can apply, who is sponsored by the State Government with which he or she is employed. The sponsorship so made by the State Government is also in the nature of a No Objection Certificate whereby a candidate is authorized by the State Government to do a Super Specialty Course with an undertaking to serve the State Government for a specified period.
6. As per the Prospectus for seeking admission to D.M./M.Ch. Courses for its Session July, 2020 it was provided that any candidate who wishes to seek admission in any of D.M./M.Ch. Courses may submit its online application from 23.03.2020 to 22.04.2020 on the official website i.e. www.pgimer.edu.in. Admission was to be granted on the basis of Computer Based Entrance Test, which was to be held on 07.06.2020, followed by counselling, which was to be held on 20.06.2020. A candidate, (a) who is M.S. Surgery or equivalent/M.S. Otorhinolaryngology or equivalent/M.S. Orthopaedics or equivalent (must have completed requisite qualification/degree by 30.06.2020) recognized by MCI, (b) is registered with Central/State Medical Registration Council and (c) is within the prescribed age limit as on/before 31st December for January and 30th June for July Session (for General Category:40 years) is eligible for securing admission in M.Ch. Course in Plastic Surgery. Though in the prospectus the date of examination was mentioned as 07.06.2020 however, the same was re-scheduled for 14.06.2020 and 21.06.2020 due to prevailing pandemic of COVID-19. The other relevant conditions/provisions as contained in the Prospectus are reproduced below:-
"B. OTHER ELIGIBILITY & REQUIREMENTS FOR ADMISSION
1. Sponsored/Deputed Candidates.
A candidate applying for admissio
