Delhi High Court - Orders
Dr. Ranjan Agrawala vs University Of Delhi & Ors on 30 May, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4357/2022 & CM APPL. 24801/2022
DR. RANJAN AGRAWALA ..... Petitioner
Through: Mr. Neeraj Malhotra, Senior
Advocate with Mr. Tarang Agarwal,
Ms. Aashna Agarwal and Mr. Nimish
Kumar, Advocates.
versus
UNIVERSITY OF DELHI & ORS. ..... Respondents
Through: Mr. Mohinder JS Rupal and Ms. V.
Bhawani, Advocates for R-1.
Mr. T. Singhdev, Mr. Abhijit
Chakaravarty, Ms. Michelle B. Das
and Mr. Bhanu Gulati, Advocates for
R-4.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 30.05.2022 CM APPL. 24798/2022 (u/S 151 of the Code of Civil Procedure, 1908 seeking urgent ad-interim reliefs against the Respondents)
1. At the first instance, it must be noted that a similar application was filed which was considered on 15th March, 2022. At that stage, the Petitioner did not however press for any interim orders.
2. However, at this stage, Petitioner relying upon the notification dated 28th April, 2022 issued by Respondent No. 1 - University of Delhi and Minutes of Meeting of the Executive Council dated 28th January, 2022, has approached this Court seeking following prayers:
Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:31.05.2022 20:06:44"A. provisionally allow the Petitioner to register for the Centenary chance being provided by the Respondent No. 1 vide Notifications dated 28.04.2022 and 01.05.2022;
B. provisionally allow the Petitioner to sit for final examinations during the pendency of the accompanying Writ Petition; and C. pass any other order as this Hon'ble Court deem fit in the interest of justice. equity and good conscience."
3. At the first instance, Mr. Mohinder JS Rupal, counsel for Respondent No. 1, requested to take instructions on the application. He has, on instructions, pointed out that Petitioner is ineligible to take the Centenary Chance as provided in the notifications dated 28th April, 2022 and 01st May, 2022. To support this submission, reliance is placed on the notification itself, which inter alia reads as follows:
"1. The Undergraduate and Postgraduate students who have completed their course work and statutory requirement prescribed for completion of the course and have Essential Repeat (ER)/failed as per the final year marksheet (ER can be in any semester/ year) shall be considered for this Centenary Chance."
4. Further, Mr. T. Singhdev, counsel for Respondent No. 4, has pointed out that under the Post-Graduate Medical Regulations, 2000 framed under the Indian Medical Council Act, 1956, a candidate is required to complete a three-year training with practical examinations to qualify for appearing in the final examination of M.D. Course.
5. In the instant case, Petitioner has left the course in between and not completed the same. Neeraj Malhotra, Senior Counsel for the Petitioner, however, argues that Petitioner has completed two and a half years of training and also submitted his thesis and the only his practical training remains. He further argues that since the benefit is also being extended to candidates who have appeared in the examination and have failed, Petitioner should not be prejudiced - by not allowing him the benefit of the notification.
Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:31.05.2022 20:06:446. However, in light of the wording of the notification and the fact that Petitioner, on a prima facie basis not found to be eligible, the Court is not inclined to grant any interim relief at this stage.
7. Accordingly, the application is dismissed. W.P.(C) 4357/2022 & CM APPL. 24801/2022
8. List on 17th August, 2022.
SANJEEV NARULA, J MAY 30, 2022 d.negi Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:31.05.2022 20:06:44