Dr. Sonia Garg And Anr. vs Union Of India And Anr.
2012 Latest Caselaw 400 Del

*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+            W.P.(C) 427/2012 and CMs 911-913/2012


                                                      Decided on: 20.01.2012
IN THE MATTER OF
DR. SONIA GARG AND ANR.                            ..... Petitioners
                   Through: Mr. Gagan Gupta, Advocate

                   versus


UNION OF INDIA AND ANR.                             ..... Respondents
                    Through: Ms. Reeta Kaul, Advocate with
                    Mr. Sandeep Khatri, Advocate for R-1/UOI.
                    Dr. Rakesh Gosain, Advocate for R-2.

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI


HIMA KOHLI, J. (ORAL)

1. The present petition is filed by the petitioners praying inter alia

for quashing of the eligibility condition in the Information Bulletin &

Application Form for Diplomate of National Board Post Diploma Centralized

Entrance Test, January 2012 and for directions to respondents No.1 and 2 to

extend the date of eligibility stipulated in clause 4.1 of the said Information

Bulletin.

2. Briefly stated, the facts as set out in the petition are that both

the petitioners had successfully completed their degree course and obtained

MBBS degrees. While petitioner No.1 had obtained the MBBS degree in the

year 2008, petitioner No.2 obtained the same in the year 2007. In June,

2009, both the petitioners took admission in a two year course of Diploma in

Gynaecology from the Maharashtra University of Health Sciences, Nashik. It

is stated that as per the impugned Information Bulletin circulated by

respondent No.2/National Board of Examinations (in short „NBE‟) in October,

2011, the last date of submission of application forms for the Post Diploma

CET Examination was fixed as 31.10.2011. Clause 1 of the aforesaid Bulletin

which stipulates the last date of submission of application form is reproduced

hereinbelow:-

"1. Last Date of submission of application form:

I) POST DIPLOMA CET EXAMINATION: 31st October

Applications must reach the NBE office by the close of office on the cut-off date mentioned above. No concession shall be given on any ground including postal delays or delivery delays.

2. Date of Post Diploma CET examination:

Sunday, the 22nd January, 2012 9:00 AM - 12:00 PM NOTE:

(i) No application will be entertained under any circumstances after the stipulated date.

(ii) Candidates are advised to read the instructions carefully and fill correct information.

(iii) Incomplete applications or applications not in accordance with instructions will not be considered."

3. The eligibility criteria prescribed for admission in the post

diploma course as laid down in clause 4.1 of the Bulletin, is as below:-

"4.1 ELIGIBILITY:

Post Diploma Candidates who have passed the final examination leading to the award of Post Graduate Diploma from Indian Universities which are duly recognized as per provisions of Indian Medical Council Act, 1956, Govt. of India, i.e., have passed the final examinations for Post graduate diploma on or before 31 December 2011 can apply for the Post diploma CET examination in same Board specialty. A proof to this effect has to be submitted along with the application form for Post Diploma CET examination.

Submission of proof of having passed the Post graduate diploma final examination on or before the 31.12.2011 is an essential pre-requisite. In case the candidate does not submit requisite proof of passing his/her post graduate diploma final examination, his/her application shall be rejected and fees forfeited.

Note: Candidates are advised to ensure before submitting their application form that they fulfill the prescribed eligibility criteria and their application is complete in all respects. Applications of those candidates which are incomplete or do not fulfill the eligibility criteria will be summarily rejected."

4. Though the aforesaid eligibility criteria clearly stipulates that

only such candidates, who have passed the final examination leading to the

award of Post Graduate Diploma from Indian Universities, that are duly

recognized as per the provisions of Indian Medical Council Act, 1956, on or

before 31.12.2011, could apply for the Post Diploma CET examination in the

same Board specialty, both the petitioners, who had admittedly not fulfilled

the aforesaid eligibility criteria, applied to respondent No.2/NBE in October

2011 for taking the CET examination. The said applications of the

petitioners were rejected by respondent No.2/NBE, who informed them that

their applications were not in terms of the guidelines prescribed in the

Information Bulletin. In this regard, counsel for the petitioners draws the

attention of this Court to the letters dated 13.01.2012 addressed by

respondent No.2/NBE to the petitioners (Annexure P-7 colly). A perusal of

the aforesaid document reveals that the reason given by respondent

No.2/NBE for refusing to issue admit cards to the petitioners was that they

had been declared ineligible for the said examination on account of their

failure to furnish the proof of passing the Post Diploma certificate, specify

the date of declaration of their result and the proof of IMR/Additional Medical

Qualification registration certificate having been issued by MCI.

5. Counsel for the petitioners states that in response to the

aforesaid rejection letters, the petitioners submitted representations to

respondent No.2/NBE stating inter alia that they had appeared for the

Diploma examination on 02.12.2011, but their results were yet to be

declared by the University. It is pointed out that a representation was also

submitted by the Maharashtra University of Health Sciences directly to

respondent No.2/NBE, requesting the latter to grant provisional permission

to the petitioners to appear for the Post Diploma CET as their results were

being declared in due course, but to no effect. He states that, after the filing

of the present petition, the petitioners have received their results from the

University only last evening, and the said results reveal that both the

petitioners have passed their diploma course in Obstetrics and Gynaecology

in the winter-2011 examination. It is thus submitted by him that, now that

the petitioners have fulfilled the prescribed eligibility criteria, though

belatedly, respondent No.2/NBE be directed to relax the cut off date and

issue them admit cards so as to enable them to appear for the Post Diploma

CET examination to be held day after tomorrow, i.e., on 22.01.2012. He

seeks to fortify the said submission by referring to some cases last year

when in similar circumstances, respondent No.2/NBE had relaxed the

eligibility norms for a number of students, whose names have been given in

para (A) of the grounds taken in the writ petition. He states that despite the

fact that the results of the aforesaid students for the post graduate diploma

course had not been declared before the prescribed cut-off date fixed last

year, which was 30.06.2011, they were all permitted to appear for the post

graduate CET examination held by respondent No.2/NBE in August 2011.

6. Counsel for respondent No.2/NBE, who appears on advance

copy, submits that the circumstances last year were entirely different

inasmuch as , w.e.f. 12.06.2011 respondent No.2/NBE had for the first time

introduced the CET + counselling system. He states that prior thereto,

admissions were conducted by Accredited Institutes only through an aptitude

test, but the said manner of conducting admissions was not found to be

satisfactory by the Governing Body of respondent No.2/NBE, due to which a

decision was taken to overhaul the system. As a result, in the meeting of

the Governing Body held on 12.06.2011, it was decided to implement the

scheme of entrance examination for various super specialty programmes

w.e.f. January 2011. It was further decided that diploma qualifications,

which were not recognized, would not be considered and the candidates

must be in possession of the diploma qualification by 30th June and 31st

December for the June and December examination respectively. Pursuant to

the aforesaid minutes of the meeting of the Governing Body held on

12.06.2011, it was decided to conduct CET + counselling for DNB

(secondary) for the July 2011 admission session. It is stated that as the

aforesaid minutes of the meeting of the Governing Body were to be

confirmed only by 20.06.2011, thus leaving hardly ten days for the cut-off

date of 30.06.2011 to be given effect to, the said cut-off date had to be

extended last year to 30.07.2011, due to which, relaxation was given to the

students whose names have been mentioned in ground (A) of the writ

petition. However, this year all the arrangements are stated to be in place

and respondent No.2/NBE has frozen the eligibility date for this year and for

all future years as 30th June and 31st December for the June and December

examination respectively, by which dates the candidates are required to

possess their diploma qualification.

7. Counsel for the petitioners states that the petitioners are aware

of two students, namely, Mr. Prashant Chauhan and Ms. Kauravi, who are

similarly placed as them and have been permitted to take CET examination

slated for 22.01.2012, on the basis of some directions issued by the

Aurangabad Bench of the Bombay High Court. However, he does not have

the particulars of the writ petition, or a copy of the order passed in the

aforesaid proceedings. Even the date of passing of the order or other

material particulars are not available with the learned counsel, for this Court

to direct respondent No.2/NBE to obtain instructions from his client. Despite

the fact that such limited information was furnished by the learned counsel

for the petitioners, the case was passed over with directions to counsel for

respondent No.2/NBE to obtain instructions from his client. After pass over,

counsel for respondent No.2/NBE states that till date, his clients are neither

aware of any order passed in respect of the aforesaid candidates nor has any

such copy of order been served on them.

8. Having regard to the fact that respondent No.2/NBE has laid

down the mode and manner of conducting the CET + counselling, and

thereby permitted candidates to take their CET examination only on

satisfaction of the eligibility criteria as revised by the Governing Body of

respondent No.2/NBE in its meeting held on 12.06.2011, this Court does not

find any reason to interfere in the said decision or direct respondent

No.2/NBE to relax the cut off date to accommodate the petitioners.

9. It is settled law that the High Court, in exercise of its jurisdiction

under Article 226 of the Constitution of India, should ordinarily not interfere

with the eligibility criteria as laid down by academic bodies, since decisions

taken by the academic bodies are policy decisions and any interference

therein would be uncalled for unless the petitioner is able to show some

patent malafides, arbitrariness or discrimination on the part of the academic

body, or a case can be made out that the criteria laid down is so perverse

that it cannot be sustained. In a recent decision of a Division bench of this

Court dated 2.12.2011 in WP(C) No.7610/2011, entitled "Siddhartha Kaul

Vs. Guru Gobind Singh Indraprastha University", the court has held that

merely because certain conditions imposed are inconvenient to some

students, they cannot be said to be arbitrary.

10. The Court must also not be oblivious to the fact that there would

be many similarly situated candidates as the petitioners herein, who are not

before the Court and would be adversely affected if there is any intervention

on the part of the Court by directing respondent No.2/NBE to relax the cut-

off date for the petitioners. Further, counsel for respondent No.2/NBE states

that NBE has not entertained such requests for relaxation of the eligibility

criteria for any candidate similarly placed as the petitioners and his

instructions are that till date, 26 such applications, which were received from

candidates based in different parts of the country, have been summarily

rejected. He also submits that apart from the University, where the

petitioners have been studying, there are 14 other Universities and a

number of private institutions all over the country, from where candidates

would be participating in the aforesaid CET examination slated to be held

day after tomorrow, on 22.01.2012 and any relaxation given to the

petitioners herein would result in placing at a disadvantage such candidates

who did not apply for participating in the Post Diploma CET Examination to

be held in January, 2012, in view of the eligibility criteria prescribed in the

Information Bulletin and therefore they are not before the Court.

11. This Court finds force in the aforesaid submissions made by the

learned counsel for respondent No.2/NBE and is of the opinion that there is

no reason or justification to interfere in the eligibility criteria laid down by

respondent No.2/NBE and duly circulated in its Bulletin three months ago, in

the first week of October 2011, as the petitioners have failed to satisfy the

Court that it suffers from any illegality, arbitrariness or caprice.

Furthermore, if the petitioners had a grievance in respect of any clause in

the Information Bulletin or the cut-off date fixed by respondent No.2/NBE,

which came to their knowledge a few months ago in the month of October

2011,i.e., when the said Information Bulletin was circulated, they ought to

have approached the Court at the earliest or at least within a reasonable

period of time. Instead, they have chosen to approach the Court on the eve

of the examination, which is to be held two days down the line.

12. In view of the aforesaid facts and circumstances, the Court

declines to entertain the present petition, which is dismissed in limine

alongwith the pending applications.

                                                      (HIMA KOHLI)
JANUARY    20, 2012                                      JUDGE
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