J U D G M E N T

DEVENDRA KUMAR UPADHYAYA, C.J.

1. By instituting the proceedings of this intra-court appeal under Clause X of the Letter Patent, the appellant seeks exception to the judgment and order dated 02.02.2026 passed by learned Single Judge in W.P.(C) 78/2026, whereby the writ petition has been allowed and the order under challenge therein, dated 02.01.2026 cancelling the candidature of the respondent no.1 for admission to a Super-Speciality Medical Course, namely D.M. in Critical Care Medicines (CCM) at All India Institute of Medical Sciences (hereinafter referred to as the “AIIMS”) has been quashed.

2. The facts of the case which are not in dispute are as under:-

2.1. For admission to Super-Speciality Courses, namely D.M./M.Ch. at Institutes of National Importance for medical education, a common entrance test known as the Institute of National Importance Super-Speciality Entrance Test (hereinafter referred to as the “entrance test”) was conducted by the AIIMS on 22.11.2025.

2.2. The last date for admission in the course is 28.02.2026, and the last date of fulfilment of eligibility for admission was 31.01.2026. As per Clause 4.3.2 of the Prospectus issued by the AIIMS, the eligibility for admission was that the candidate must have completed the requisite qualification, degree and tenure by 31.01.2026. The said clause further prescribed that the candidates who were likely to complete their three years (365 x 3 = 1095 days) tenure, qualification and degree after 31.01.2026 would not be eligible to appear in the examination. Clause 4.3.2 of the Prospectus is extracted hereunder: - “4.3.2. The candidates must have completed the requisite qualification, degree and tenure by 31.01.2026. The candidates who are likely to complete their “3 years (365 × 3) = 1095 Days” tenure, qualification or degree after 31.01.2026 will not be eligible to appear in this examination.”

2.3. The respondent no.1, desirous of seeking admission to a Super-Speciality course based on the said entrance examination, applied for the same and on the basis of his performance in the entrance examination, secured an All India Rank 4. Accordingly, he was allotted a seat in D.M. (CCM) programme at AIIMS.

2.4. When the respondent no.1 reported for joining at AIIMS on 01.01.2026, he was informed that he did not fulfil the eligibility as prescribed in Clause 4.3.2 of the Prospectus and accordingly, by means of an order dated 02.01.2026 his candidature was cancelled and in addition, the security money of Rs.3,00,000/- was forfeited for reporting and holding the seat in question for non-fulfilment of eligibility criteria under Clause 4.3.2 of the Prospectus.

2.5. The respondent no.1 represented his cause against the order of cancellation of his candidature, dated 02.01.2026 and ultimately instituted W.P.(C) 78/2026, which has been allowed by learned Single Judge by means of the judgment and order dated 02.02.2026, which is under challenge herein.

2.6. The respondent no.1 completed his MBBS course at GCS Medical College, Ahmedabad in the year 2021 and appeared, thereafter, in NEET PG on 11.09.2021, which was rescheduled twice on account of the situation which prevailed because of pandemic – COVID-19. The National Medical Commission – respondent no.3 issued a circular on 11.01.2022, whereby it was provided that due to pandemic the Post-Graduate courses would commence from 01.02.2022.

2.7. On the basis of NEET PG held on 11.09.2021, the respondent no.1 participated in the first round of counselling on 29.01.2022 and was allotted a seat in MD (Anaesthesiology) course at Pramukhswami Medical College, Karamsad. He accordingly joined the said medical college on 01.02.2022 and resigned from there on 15.02.2022. During his stay at Pramukhswami Medical College, he underwent 15 days of post-graduate residency training.

2.8. The respondent no.1 thereafter participated in the second round of counselling held on 02.03.2022 and was accordingly allotted a seat in AMC MET Medi