LPA 44 of 2022

$~61

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 24^th March, 2022

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LPA 44/2022 & CM No.3963/2022

RADHIKA ASHAR & ORS.

..... Appellants

Through

Mr.Manoj Khanna, Ms.Aakriti

Mittal, Advs.

versus

UNION OF INDIA & ORS.

..... Respondents

Through

Mr.Apoorv Kurup, CGSC with

Ms.Nidhi Mittal, Mr.Ojaswa

Pathak, Advs. for R-1 & 2.

Mr.Sanjay

Khanna

&

Ms.Pragya Bhushan, Advs. for

R-3.

Ms.Archana

Pathak

Dave,

Mr.Anish Dave & Mr.Parmod

Kr.Vishnoi, Advs. for R-4.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE

HON'BLE MR. JUSTICE NAVIN CHAWLA

NAVIN CHAWLA, J. (Oral)

1. This appeal has been filed by the appellants challenging the

judgment dated 13.12.2021 passed by the learned Single Judge in

WP(C) 10229 of 2021, titled Radhika Ashar & Ors. v. Union of

India & Ors., holding that while the claim of the petitioners that they

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001122

LPA 44 of 2022

be allowed to participate in the counselling process of the All India

Ayush Post-graduate Entrance Test, 2021 (hereinafter referred to as

the „AIAPGET – 2021‟) cannot be granted as they have not completed

their compulsory one-year rotating internship by 31.12.2021, however,

the order will not come in the way of the Union of India taking a fresh

decision in view of the revised schedule for counselling, subject to the

orders of the Supreme Court in that regard.

2. It is the case of the appellants that they are the final year

students of BUMS/BAMS/BSMS/BHMS course(s) in different

Universities/Colleges located in the States of Kerala, Andhra Pradesh,

Telangana, Gujarat, Uttarakhand, National Capital Territory of Delhi,

West Bengal, Uttar Pradesh, et cetera. Due to the outbreak of the

Covid-19 pandemic and the lockdown declared by the Central

Government, the final-year examinations, which were originally

scheduled for April 2020, were held in July 2020, and the results were

announced only in December 2020. Subsequently, after the declaration

of the result, the appellants joined the compulsory one-year rotating

internship. Due to late declaration of result and consequent late grant

of provisional certificate, which were given to the appellants only in

January 2021, they could start rotating internship only in January

2021. This delay was for no fault on their part and for reasons beyond

their control. Due to this delay, they shall be completing their one year

rotating internship only in January 2022. The appellants submit that,

therefore, the prescription of 31.12.2021, as the date by which the

candidates for AIAPGET – 2021 must complete their one-year

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001122

LPA 44 of 2022

rotating internship, is arbitrary and whimsical. They submit that as the

counselling process was to start only from 17.01.2022 and was to

continue till 25.03.2022, the students completing their one-year

rotating internship before the end of counselling should have been

allowed to participate therein.

3. On the other hand, the learned counsel for the respondents

submits that 30.09.2021 was the initial cut-off date for completion of a

compulsory one-year rotating internship for eligibility in appearing

AIAPGET – 2021. He submits that this requirement is stipulated in

Regulation 7 of the Indian Medicine Central Council (Minimum

Standards of Education in Indian Medicine) Amendment Regulations,

2016, read along with Regulation 20 of the Indian Medicine Central

Council (Post Graduate Ayurveda Education) Regulations, 2016.

However, vide letter dated 23.04.2021, the respondent no.1 extended

the cut-off date for completion of internship to 30.10.2021 due to the

ongoing Covid-19 pandemic.

4. He submits that the initial schedule for conducting AIAPGET –

2021 was 07.06.2021, however, due to the Covid-19 pandemic, the

same was postponed by a Public Notice dated 05.05.2021. Later, by a

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