Dr. Suraj Kumar Sharma S/O Sh. ... vs Union Of India ...
2023 Latest Caselaw 6168 Raj/2

[2023:RJ-JP:30790-DB]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               D.B. Civil Special Appeal (Writ) No. 745/2023
                                           In
                  S.B. Civil Writ Petition No.14133/2023
1.       Dr. Suraj Kumar Sharma S/o Sh. Ghanshyam Sharma,
         Aged About 27 Years, R/o Village - Tilpatti, Post Rajpura
         Patawals, Teh- Toonga, Jaipur (Raj.) 303305


2.       Dr. Snehlata D/o Sh. Kailash Chand, Aged About 27 Years,
         R/o Ward No. 5, Lambi Aheer, Lambi Ahir, Buhana,
         Jhunjhunu (Raj.) 333502


3.       Dr. Laxmi Chaudhary S/o Sh. Anna Ram Chaudhary, Aged
         About 23 Years, R/o Depot Ke Piche, Didwana Road,
         Hanuman Bhag, Nagaur (Raj.) 341001


4.       Dr. Jaishree Tak D/o Sh. Dinesh Kumar Tak, Aged About
         24 Years, R/o Jagavata Ka Bas, Chenar, Nagaur (Raj.)
         341001


5.       Dr. Komal Poonia D/o Sh. Kalu Ram Poonia, Aged About
         26 Years, R/o Village 17Bb, Post Office 17Bb, Tehsil
         Padampur, Dist Sri Ganganagar (Raj.) 335041
                                                                      ----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
4.       Dr.     Sarvapalli       Radhakrishnan             Rajasthan     Ayurveda
         University, Through Vice Chancellor, Kadwad, Nagaur
         Road, Jodhpur-342037
                                                                    ----Respondents

[2023:RJ-JP:30790-DB] (2 of 5) [SAW-745/2023]

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 20.09.2023

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

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

[2023:RJ-JP:30790-DB] (3 of 5) [SAW-745/2023]

examination. However, the respondents did not fulfill the

legitimate expectation on the part of the appellants that the cut

off date would invariably 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

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.

[2023:RJ-JP:30790-DB] (4 of 5) [SAW-745/2023]

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

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.

[2023:RJ-JP:30790-DB] (5 of 5) [SAW-745/2023]

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-127

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