JUDGEMENT

JYOTI SINGH, J. (ORAL)

1. Present writ petition has been filed laying a challenge to a communication dated 05.01.2023, issued by Respondent No.1/All India Institute of Medical Sciences, whereby the Petitioner was informed that her request for extension of the date for joining the post of Senior Resident/Demonstrator has been declined on the ground that being Foreign National/OCI Cardholder, she is not eligible by virtue of a Gazette Notification dated 04.03.2021.

2. The genesis of the alleged cause of action in favour of the Petitioner lies in an Advertisement issued by Respondent No. 1 in April, 2022, inviting applications for appointment to the Senior Residency Posts in consonance with the Residency Scheme dated 05.06.1992. Petitioner is stated to have qualified the preliminary examination where after she was called for an interview and placed in a waiting list at serial no. 3. An Offer of Appointment was issued and one of the terms of the appointment was that the Petitioner has to resign from her existing employment to join Respondent No. 1. After verification of the self-declaration form and the other documents submitted by the Petitioner includin