Delhi High Court
Radhika Ashar And Ors vs Union Of India And Ors on 24 March, 2022
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 24th March, 2022
+ 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
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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
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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
Public Notice dated 01.08.2021, a fresh schedule of examination was
declared, stipulating that the online submission of the application form
shall be from 01.08.2021 to 21.08.2021. It was provided that the date
of examination shall be announced later.
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5. By a Public Notice dated 03.08.2021, the date for conduct of the
examination was declared as 18.09.2021. The examination was duly
held on the said date.
6. In the meantime, vide Notice dated 16.08.2021, the respondent
no. 1 further extended the cut-off date for completion of internship to
31.12.2021.
7. The appellants, who could not complete their internship by
31.12.2021, filed a Writ Petition before this Court, being WP(C) 8687
of 2021, seeking extension of the date for completion of internship to
31.01.2022.
8. This court, vide its order dated 18.08.2021 passed in the above
Writ Petition, directed the respondent no.1 to consider the petitioners‟
request for extension.
9. The appellants filed a detailed representation before the
respondent no. 1, however, the same was rejected by the respondent
no. 1 vide its letter dated 27.08.2021. The same is reproduced herein
below:
" I am directed to refer to order dated
18.08.2021 passed by the Hon'ble High Court
of Delhi in writ petition no. 8687/2021 and to
say that as per ASU PG Regulation, 2016, the
cut- off date of for admission in PG courses
shall be the 30th September of each calendar
year. Accordingly the internship of candidate
shall be completed on or before 30th
September, 2021 for eligibility for appearing
in AIAPGET-2021 examination.
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2. However, considering present covid-19
situation, the Ministry had extended Cut-off
date of Internship towards determination of
eligibility for appearing in AIAPGET-2021 to
31st October, 2021, vide its letter dated
23.04.202 I.
3. Further, numerous requests have been
received from AIAPGET aspirants of different
States, regarding extension of Cut-off date of
completion of Internship towards
determination of eligibility for appearing in
AIAPGET-2021, as they are unable to
complete internship on or before 31st October,
2021, due to the prevailing Covid-19 pandemic
situation.
4. On examining the request, the Ministry
of Ayush has further extended the cut-off date
of completion of Internship towards
determination of eligibility for appearing in
AIAPGET-2021 to 31.12.2021 for A.Y. 2021-
22 vide its letter dated 16.08.2021, which is 3
months beyond the cut- off date for admission
in PG courses i.e. 30th September as per
existing ASU PG Regulation, 2016.
5. As per ASU UG Regulation, the students
who got admitted in A.Y. 2015-16, should have
appeared in their Final professional
examination in the month of Oct/Nov, 2019
and they supposed to have started their
internship in January/February, 2020 after
declaration of result of their final professional
examination. Accordingly their internship
supposed to be completed by
January/February, 2021. (ex. Admission Year-
2015, First Professional Examination- by July
2016, Second Professional Examination- by
July, 2017, Third Professional Examination-
by May/June, 2018, Final Professional
Examination- by Oct/Nov, 2019).
6. The Ministry of Ayush has already
considered this issue and extended the cut-off
date upto 31.12.2021 & further extension of
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cut-off date of completion of internship will
cause further delay in the admission and
commencement of session. Further extension
of cut-off date will become a never ending
process as at any cut-off date some of students
are found not fulfilling the criterion of
Internship. It will also jeopardize the interest
of many students who have completed their
internship within time.
7. In view of the above, the request of
Petitioners to further extend the cut-off date
can't be acceded.
8. This issues with the approval of
competent authority."
10. The appellants thereafter filed a writ petition, out of which
present appeal arises, again praying that they be allowed to appear in
the AIAPGET - 2021 entrance examination with liberty to submit the
compulsory one-year rotating internship certificate at the time of
counselling.
11. The learned Single Judge, vide his interim order dated
15.09.2021, allowed the appellants to take AIAPGET - 2021 without
prejudice to the rights and contentions of the parties, directing that no
equity shall arise in favour of the appellants as a result thereof. The
order was passed as the learned counsel for the respondents had
sought time to seek instruction.
12. Pursuant to the interim order, the appellants have taken their
examination and claim to have secured a high rank therein.
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13. The learned counsel for the appellants submits that due to
Covid-19 pandemic, the entire schedule of AIAPGET - 2021 has been
disturbed. The examination, which was earlier to be conducted on
07.06.2021, was eventually conducted on 18.09.2021. He submits that
the declaration of results for BUMS/BAMS/BSMS/BHMS course(s)
for various States was also delayed due to the Covid-19 pandemic,
resulting in a delay in the students joining the compulsory rotating
internship. He submits that as the counselling was to begin only from
17.01.2022, and was to continue till 25.03.2022, there was no
impediment for the respondents to allow the students, who completed
their internship and are able to produce their internship completion
certificates at the time of counselling, to participate in such
counselling.
14. The learned counsel for the appellants further submits that the
stand taken by the respondents is, in fact, resulting in 104 All India
Quota Seats remaining unfilled, which cannot be countenanced.
15. On the other hand, the learned counsel for the respondents
submits that the plea of the appellants has been considered by the
Competent Authority and has been rejected vide letters dated
27.08.2021 and 30.09.2021. He submits that the cut-off date of
31.12.2021 was arrived at, taking into account that the entrance test
was delayed by a period of three months, thereby an equivalent
extension was granted for completion of the internship. He submits
that grant of any relief to the petitioners would make the cut-off date
totally redundant and open-handed.
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16. Placing reliance on the judgment dated 27.05.2020, passed by
this Court in LPA 147 of 2020, titled Dr. Ojasvini Agarwal v. Union
of India & Ors.; as also the Order dated 08.02.2022, passed by the
Supreme Court in WP(C) 68 of 2022 in Shivam Satyarthee & Ors. v.
Union of India & Ors., he submits that prescribing the cut-off date is
a policy decision and cannot be interfered with by a Court exercising
its power under Article 226 of the Constitution of India. He submits
that just like the appellants, there may be many other
students/candidates who did not take the examination knowing that the
cut-off date prescribed was 31.12.2021; the appellants cannot take a
march over them, merely because they have participated in the
examination pursuant to an interim order passed by this Court.
17. We have considered the submissions made by the learned
counsels for the respective parties.
18. From the above narration of facts, it is apparent that in terms of
Regulations, 30.09.2021 is prescribed as the cut-off date for
completion of the one-year compulsory internship for being able to
participate in the AIAPGET. Due to the Covid-19 pandemic, the
respondent no.1 itself extended the cut-off date for completion of
internship for AIAPGET-2021 to 31.10.2021, and thereafter to
31.12.2021. Pursuant to the directions of this Court, the respondent
no.1 has considered the representations of the appellants for further
extension of the cut-off date and rejected the same vide its letters
dated 27.08.2021 and 30.09.2021. The respondent no.1, having
applied its mind to the representations of the appellants and rejected
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the same by giving reasons, which are not found arbitrary and
whimsical, this Court, in the exercise of its power under Article 226 of
the Constitution of India, cannot substitute the decision of the Body
charged with the function of fixing such cut-off date, and direct a
modification of the cut-off date for completion of the internship.
19. It is also to be noted that there would be many students who
would not have taken the AIAPGET - 2021 course knowing that the
last date for completion of the internship was fixed as 31.12.2021.
Granting relief to the appellants, therefore, would result in
discrimination against such students. The appellants cannot take
benefit of the fact that they were allowed to participate in the
examination pursuant to the interim order passed by the learned Single
Judge. The said interim order itself stated that the appellants shall not
claim any equity on that basis.
20. As far as the plea that there are 104 All India Quota Seats
available after counselling, it is for the respondent no. 1 to consider
the said vacancy position and, if it so feels, pass such other
orders/directions to fill such vacant seats. However, this cannot be a
ground for this Court to grant relief to the appellants.
21. In view of the above, we find no merits in the present appeal
and the same is dismissed. However, the dismissal of the present
appeal shall not come in the way of the respondents taking a decision
on the representations of the appellants on the availability of the All
India Quota Seats.
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22. There shall be no order as to cost.
NAVIN CHAWLA, J
VIPIN SANGHI, ACJ
MARCH 24, 2022/Arya/P
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Signing Date:29.03.2022
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