Rajasthan High Court
Dr. Sandeep Tailor S/O Shri ... vs Union Of India ... on 19 October, 2023
Bench: Manindra Mohan Shrivastava, Praveer Bhatnagar
[2023:RJ-JP:30863-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Special Appeal (Writ) No. 746/2023
In
S.B. Civil Writ Petition No.9564/2023
1. Dr. Sandeep Tailor S/o Shri Prakash Chandra Tailor, Aged
About 27 Years, Resident Of Bishanoura @ Charanwas,
Jaipur, Rajasthan- 303804
2. Dr. Maneesha Mishra D/o Shri Babu Lal Mishra, Aged
About 25 Years, Resident Of A N Public School Ke Piche,
Ganga Vihar Colony, Jaipur Road, Chomu, Jaipur,
Rajasthan-303802.
3. Dr. Muskan Agarwal D/o Shri Mahesh Agarwal, Aged
About 25 Years, Resident Of Mishro Ka Mohalla, Chandni
Chowk, Bahror, Alwar, Rajasthan-301701.
4. Dr. Surabhi Garg D/o Shri Krishna Mohan, Aged About 26
Years, Resident Of Jawahar Colony, Nagar, Bharatpur,
Rajasthan-321205
5. Dr. Manisha Bijarania D/o Shri Balraj Bijarnia, Aged About
23 Years, Resident Of Ward No. 13, Kheri Mohalla, Bagar,
Jhunjhunu, Rajasthan-333023.
6. Dr. Alpna Bijarnia D/o Shri Rampal Bijarnia, Aged About
25 Years, Resident Of Nangal Purohit, Jaipur, Rajasthan-
302032.
7. Dr. Kavita Meena D/o Shri Ramji Lal Meena, Aged About
24 Years, Resident Of Sarsop, Sawai Madhopur,
Rajasthan-322703.
8. Dr. Vivekta Yadav D/o Shri Vedprakash Yadav, Aged About
25 Years, Resident Of Dhokal Nagar, Teshil Mundawar,
Padmara Khurd, Alwar, Rajasthan-301427.
9. Dr. Prachi Joshi D/o Shri Narendra Kumar Sharma, Aged
About 24 Years, Resident Of Majri Kalan, Alwar,
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Rajasthan-301703.
10. Dr. Kapila Chaurasia D/o Shri Kamlesh Chaurasia, Aged
About 25 Years, Resident Of Kapila Krishi Vihar, Hospital
Road, Baran, Rajasthan-325205.
11. Dr. Bidam Choudhary D/o Shri Babu Lal, Aged About 29
Years, Resident Of Kalya Khana Ki Dhani, Ward No 17,
Chomu, Jaipur, Rajasthan-303702.
12. Dr. Nidhi Jha D/o Shri Prem Shankar Jha, Aged About 25
Years, Resident Of 500, Kundlav Colony, Hospital Road,
Amber, Jaipur, Rajasthan-302028.
13. Dr. Priyanka D/o Shri Harnath, Aged About 25 Years, At
Present Resident Of Govind Nagar, Near By Nia, Jaipur,
Rajasthan-302002.
14. Dr. Shalini D/o Shri Mahaveer Prasad, Aged About 24
Years, At Present Resident Of Govind Nagar, Near By Nia,
Jaipur, Rajasthan-302002.
15. Dr. Neha Suthar D/o Shri Sita Ram Suthar, Aged About 24
Years, At Present Resident Of Govind Nagar, Near By Nia,
Jaipur, Rajasthan-302002.
----Appellants
Versus
1. Union Of India, Through Secretary, Ministry Of Ayurveda,
Yoga And Naturopathy, Unani, Siddha And Homoeopathy
(Ayush), Ayush Bhawan, B-Block, Gpo Complex, Ina, New
Delhi-110023.
2. National Commission For Indian System Of Medicine,
Through Its Chairman, Ministry Of Ayush, Govt. Of India,
61-65, Institutional Area, Janakpuri, D-Block, New Delhi-
110058.
3. National Testing Agency, Through Sr. Director (Exams), C-
20, 1A/8, Sector-62, Iitk Outreach Centre, Noida-201309.
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4. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurveda
University, Through Vice Chancellor, Kadwad, Nagaur
Road, Jodhpur-342037.
5. Dr. Manoj Yadav S/o Shri Ram Sahai Yadav, Aged About
27 Years, Resident Of H. No. 4, Bajaj Nagar, Near Bisalpur
Office, Sawaimadhopur Road, Tonk, Rajasthan- 3034001
6. Dr. Daulat Singh Gurjar S/o Shri Dhaula Ram Gurjar, Aged
About 24 Years, Resident Of Dorata Ki Dhani, Jamwa
Ramgarh, Jaipur, Rajasthan- 303109
7. Dr. Nikita Bairwa D/o Shri Hanuman Lal Bairwa, Aged
About 25 Years, Resident Of Basant Colony, Sadarpura
Road, Brijlal Nagar, Tonk, Rajasthan-304502.
8. Dr. Aishwarya Choudhary D/o Shri Fateh Singh, Aged
About 26 Years, Resident Of Ward No. 1, Dev Colony,
Power House Ke Piche, Tehsil Chirawa, Pilani District
Jhunjhunu, Rajasthan-333031.
9. Dr. Ravi Todawata S/o Shri Rajendra Todawata, Aged
About 24 Years, Resident Of 116, Todawato Ke Dhani,
Jaitpura, Jaipur, Rajasthan-303704.
10. Dr. Puneet Sharma S/o Shri Lava Kumar Sharma, Aged
About 25 Years, Resident Of Village Mau, Chandpur, Tehsil
Mundawar, Alwar, Jaipur, Rajasthan-301407.
11. Dr. Mukesh Kumar Saini S/o Shri Omprakash Saini, Aged
About 26 Years, Resident Of Ward No. 29, Chomu, Jaipur,
Rajasthan-303802
12. Dr. Ajay Kumar Mundotiya S/o Shri Dhanna Ram
Mundotiya, Aged About 23 Years, Resident Of Mohalla
Reigaran, Abhaws, Sikar, Rajasthan-332602
13. Dr. Piyush Sharma S/o Shri Ram Gopal Sharma, Aged
About 27 Years, Resident Of Ward No. 9, Doojod, Sikar,
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Rajasthan-332021
14. Dr. Nikita Kumari D/o Shri Rohitash Kumar, Aged About
25 Years, Resident Of Kant, Jhunhunu, Rajasthan-331025.
15. Dr. Jahanvee Gautam D/o Shri Budhiprakash Sharma,
Aged About 25 Years, Resident Of 213, Gautam Bhawan,
Mokhapada, Kaithoonpoll, Laadpura, Kota, Rajasthan-
324006.
16. Dr. Megha Agarwal D/o Shri Omprakash Agarwal, Aged
About 26 Years, Resident Of 204, Subhash Mandi, Neem
Ka Thana, District Sikar, Rajasthan-332713.
17. Dr. Mohit Saini S/o Shri Subhash Chandra Saini, Aged
About 23 Years, Resident Of Anjani Hanuman Mandir Ke
Samne, Reengas Road, Jharkhand Ki Dhani, Hadota,
Jaipur, Rajasthan-303702.
18. Dr. Dharmendra Jakhar S/o Shri Ghenwar Ram, Aged
About 24 Years, At Present Resident Of Govind Nagar,
Near By Nia, Jaipur, Rajasthan-302002.
19. Dr. Puna Ram S/o Shri Oma Ram, Aged About 24 Years,
At Present Resident Of Govind Nagar, Near By Nia, Jaipur,
Rajasthan-302002.
20. Dr. Mahesh Soni S/o Shri Shriniwas Soni, Aged About 26
Years, At Present Resident Of Govind Nagar, Near By Nia,
Jaipur, Rajasthan 302002.
21. Dr. Himanshi Rathore D/o Shri Munshi Singh Rathore,
Aged About 25 Years, At Present Resident Of Govind
Nagar, Near By Nia, Jaipur, Rajasthan-302002.
22. Dr. Kalyani Pareek D/o Shri Ganga Sahay Pareek, Aged
About 24 Years, At Present Resident Of 15, Sukh Vihar,
Krishna Home Tuition, Gurjar Ki Thadi, Jaipur, Rajasthan-
302019.
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23. Dr. Mokshda Thanvi D/o Shri Ramesh Kumar Thanvi, Aged
About 24 Years, At Present Resident Of Govind Nagar,
Near By Nia, Jaipur, Rajasthan-302002.
24. Dr. Himanshi Sharma D/o Shri Sandeep Sharma, Aged
About 23 Years, At Present Resident Of Govind Nagar,
Near By Nia, Jaipur, Rajasthan-302002.
----Respondents
For Appellant(s) : Mr. Akhil Simlote Advocate with Mr.
Dikshant Jain Advocate.
For Respondent(s) : Mr. M.S. Raghav Advocate.
Mr. V.P. Mathur Advocate.
Mr. Vishesh Sharma Advocate on
behalf of Dr. Y.C. Sharma Advocate.
Mr. C.S. Sinha Advocate on behalf of
Mr. R.D. Rastogi, Additional Solicitor
General.
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Judgment
19/10/2023
1. Heard.
2. This appeal is directed against order dated 28.07.2023
passed by the learned Single Judge, whereby, the writ petition
filed by the appellants seeking a direction for extending the cut off
date of completion of one year of Rotatory Internship has been
dismissed.
3. The submission of learned counsel for the appellants is that
this year when the examination schedule was published inviting
applications for appearing in the entrance examination for
admission to All India Ayush Post Graduate Entrance Test
(AIAPGET) 2023, initially the cut off date was prescribed as
31.08.2023. Upon representations made by various candidates
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that there was unavoidable delay in completion of course resulting
in consequent delay in commencement and completion of
internship, the respondents extended the cut off date of
completion of internship from 31.08.2023 to 31.10.2023. In the
hope that in future further extension would be granted as was
done in the previous year, the appellants appeared in the
examination. However, the respondents did not fulfill the
legitimate expectation on the part of the appellants that the cut
off date would invariable be extended in such a manner that will
make all the appellants eligible for admission. Learned Single
Judge has not taken into consideration the fact that for reasons
beyond control, there had been a delay in commencement of the
regular session and it had a cascading effect which resulted in
delay in commencement of internship. He would submit that had
the session commenced in time, internship would have been
completed well within the period prescribed in the advertisement
and, thus, the appellants would have become eligible for being
considered for admission.
4. Learned counsel for the respondents, on the other hand,
would submit that the matter relating to fixing cut off date, is a
matter of policy. They would submit that it is not that the
respondents did not consider this aspect. Experts took into
consideration various attending circumstances and even before the
last date for submission of application, i.e., 25.06.2023, vide
Notification dated 15.06.2023, the cut off date for completion of
compulsory rotatory internship was extended from 31.08.2023 to
31.10.2023. The matter stood finalized on that stage. The
appellants were in full notice and knowledge that they are not
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eligible yet they submitted the applications and appeared in the
examination. Learned counsel would submit that as to what should
be the cut off date is a matter of policy. In the absence of any
hostile discrimination, or violation of statutory provision,
interference of this Court may not be warranted.
5. We have heard learned counsel for the parties and perused
the order passed by the learned Single Judge and the material
available on record.
6. The appellants are those whose internship would complete
only on 30.11.2023. When the advertisement was initially issued
inviting applications, the appellants were not eligible. The last date
for submission of applications was 25.06.2023.
7. It appears that certain category of candidates started making
representations for extension of the cut off date for completion of
internship. Such representations were considered by the
respondents and one time extension was granted vide Notification
dated 15.06.2023. By this Notification, cut off date was extended
from 31.08.2023 to 31.10.2023. This position remained
unchanged and the cut off date was not extended till the last date
of submission of application form, i.e., 25.06.2023. All the
appellants were fully aware that they are not eligible to appear.
8. It, however, appears that taking undue advantage of the fact
that the respondents have allowed everyone to appear in the
examination without scrutiny of the eligibility, which was to be
done subsequently, all the appellants appeared in the
examination.
9. As to what should be the cut off date, is a matter of policy
and this cannot be dictated by the Court. True it is that the
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pandemic has affected all, but to what extent the pandemic effect
is to be nullified, is a matter to be considered purely on the
administrative side. Communication dated 24.07.2023 clearly
shows that only minuscule of the candidates whose cut off date for
completion of internship is beyond 31.10.2023 would be affected.
In our opinion, the decision taken by the respondents not to grant
further extension does not warrant interference on judicial side.
10. We are also of the view that the appellants have approached
this Court with delay. The delay can frustrate claim depending on
the nature and circumstance of the case. In the present case, the
peculiar circumstances are that the cut off date for completion of
internship was extended vide Notification dated 15.06.2023 and,
thereafter, no further extension was granted till the last date of
submission of application, i.e., 25.06.2023. None of the appellants
approached this Court seeking direction for reconsideration of the
issue. It is only after having submitted application beyond
25.06.2023, writ petition was filed before this Court.
11. At this stage, it is not possible for the Court to direct the
respondents to reconsider their decision for further extension. We,
however, leave this matter for consideration of the respondents
without issuing any direction.
12. The appeal is dismissed, however, subject to the aforesaid
observations.
(PRAVEER BHATNAGAR),J (MANINDRA MOHAN SHRIVASTAVA),J
SANJAY KUMAWAT-128
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