Allahabad High Court
Ayushi Gupta vs Union Of India Thru. Secy. ... on 17 February, 2023
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- WRIT - C No. - 488 of 2023
Petitioner :- Ayushi Gupta
Respondent :- Union Of India Thru. Secy. Ministry Of Ayush Thru. Aaccc And 3 Others
Counsel for Petitioner :- Harendra Pratap Singh,Onkar Singh
Counsel for Respondent :- A.S.G,Krishana Kumar Singh,Sachida Nand Singh,Shashank Bhasin
Hon'ble Brij Raj Singh,J.
Heard learned counsel for the petitioner and learned counsel for opposite party no.2.
Sri Shashank Bhaseen is appearing on behalf of opposite party no.2 and is filing counter affidavit, the same is taken on record.
Counsel for the petitioner does not want to file reply of the counter affidavit. Affidavit of service filed, the same is taken on record.
Counsel for the respondent no.1-Union of India has also filed short counter affidavit, the same is taken on record.
The petitioner has made a prayer to allow her admission in the Post Graduate Ayush Course for academic session 2022-23.
Brief facts of the case are that the petitioner applied for the All India Post-Graduate Entrance Test (hereinafter referred to as AIAPGET) as online application was invited for postgraduate Ayush Course for academic session 2022-23. The time was extended up to 31.12.2022 and in pursuance of the amended notification, the petitioner applied for the said entrance test. The petitioner secured All India Rank 153 in general category and Rank-11 in E.W.S. Category. The pre-condition of admission is that a candidate must have a one year internship on or before the cut-off date. The petitioner submitted a certificate of the internship of one year issued by Dr. Brij Kishore Homeo Medical College and Hospital, Devkali, Ayodhya on 05.01.2023 and the certificate indicates that the petitioner completed her internship from 05.01.2022 to 04.01.2023. As per the terms and conditions, it is provided that the internship should be completed by 31.12.2022. Thus, she was short of four days in internship while the cut-off date for internship is 31.12.2022. The counsel for the petitioner has submitted that it is not fault of the petitioner and thus, fours days short period may be condoned and the petitioner may be allowed to take admission for Post Graduate Courses.
Sri Shashank Bhasin, counsel for opposite party no.2 has taken stand that as per eligibility criteria Clause-5 of the Information Bulletin of AIAPGET 2022, it is provided that the candidates must possess the certificate of internship of one year. He has submitted that the eligibility criteria cannot be relaxed and the petitioner is not entitled for admission for Post Graduate Courses. He has submitted that the impugned order has been passed in pursuance of the direction issued by this Court and the authority has mentioned that the petitioner had completed one year internship after cut-off date i.e. 31.12.2022. Thus, she is not fulfilling the eligibility criteria and she is not entitled for admission. He has further submitted that earlier, the application was invited for AIAPGET test on 25.07.2022 which was extended from time to time and vide notice dated 13.08.2023, the date of completion of internship was extended from 31.10.2022 to 31.12.2022 and as per arguments of Sri Bhaseen, the petitioner is not falling even within the extended time duration. He has also relied upon the judgment wherein similar controversy has been decided in case of Radhika Ashar and Others versus Union of India and Others, W.P.(C) 10229/2021, Delhi High Court; and has submitted that in the identical issue, the Court has not interfered in the case, therefore, the present case of the petitioner is also liable to the dismissed.
Heard the parties.
Admittedly, in the present case the cut-off date i.e. 31.12.2022, is fixed by competent authority. The petitioner had no internship certificate of one year on 31.12.2022, rather it was issued on 05.01.2023 and one year internship has been completed by the petitioner on 05.01.2022. Thus, she was lacking eligibility of one year which must have been completed on or before 31.12.2022.
If the relief sought by the petitioner is granted there may still be candidates who are short of completing their internship by few days. If the Court issues any direction to allow the present petitioner in the said course, the endless exercise will never come to an end, therefore, the petitioner cannot be extended any relaxation by this Court.
The petitioner's prayer is misconceived, therefore, the present Writ Petition is dismissed.
No order as to costs.
Order Date :- 17.2.2023/Manoj K.
