Madras High Court
Ga Vishwajeet vs Union Of India on 9 August, 2021
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 09.08.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH.,J
W.P.No.16526 of 2021 &
W.M.P.No.17491 & 17493 of 2021
GA Vishwajeet .. Petitioner
Vs
1. Union of India,
rep by its Secretary to Government,
Ministry of Health and Family welfare,
Nirman Bhavan,
New Delhi- 110 011
2 National Board of Examination in Medical Sciences,
Rep by its Executive Director,
NAMS Building Medical Enclave,
Ansari Nagar, Ring Road, New Delhi.
3 The Secretary
National Medical Commission, Pocket 14,
Sector 8, Dwarakha Phase I, New Delhi- 110 077.
.. Respondents
Prayer .: Writ petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of certiorarified Mandamus to
https://www.mhc.tn.gov.in/judis/
2
call for the records in pursuant to the impugned clause 4.1 of the
information bulletin for NEET PG 2021 issued by the 2nd respondent
in so far as it fixes 30th June 2021 as the cut off date for
completing the one year mandatory compulsory Rotatory
Residential Internship (CRRI) as eligibility criteria to appear for
NEET PG 2021 and quash the same and consequently direct the
respondents to extend the cut off date for completing the one year
mandatory compulsory Rotatory Residential Internship (CRRI) to
31st of October 2021 and to further direct the respondents to
permit the petitioner to participate in the NEET PG 2021
examination by considering the petitioners representation dated
16.07.2021.
For Petitioner : Mr.R.Prem Narayan
For Respondents : Mr.Srinivasamurthy
Central Government Standing
Counsel for R1
Mr.R.Thirunavukarasu
Standing counsel for R2
M/s.Subharanjani Ananth
Standing Counsel for R3
https://www.mhc.tn.gov.in/judis/
3
ORDER
This writ petition has been filed challenging the impugned clause 4.1 in the information bulletin issued by the 2nd respondent insofar as fixing the cut off date for the completion of the one year Compulsory Rotatory Residential Internship (CRRI), which is an eligiblity criteria for participating in the selection in the NEET PG 2021 examination.
2. The grievance of the petitioner is that he passed the M.B.B.S during September 2020 and he will be completing his one year CRRI on 04.10.2021. According to the petitioner, the cut-off date for completion of CRRI was originally fixed for 30th June 2021 and thereafter, it was regularly extended and presently, it has been extended up to 30.09.2021. The petitioner is going to complete the CRRI on 04.10.2021 and the petitioner will be missing the dead line only by 5 days. According to the petitioner, this situation had arisen only due to the pandemic situation and https://www.mhc.tn.gov.in/judis/ 4 therefore, the petitioner had made a representation to the respondents to extend the time fixed for the completion of the one year CRRI. Since the same was not considered by the respondents, the present writ petition has been filed before this Court.
3. Heard the learned counsel for the petitioner and Mr.Srinivasamurthy, learned Central Government Standing Counsel for 1st respondent, Mr.R.Thirunavukarasu, learned Standing counsel for 2nd respondent and M/s.Subharanjani Ananth, learned Standing Counsel for 3rd respondent.
4. The learned counsel appearing for the respondents 2 and 3 submitted that originally the cut-off date was fixed as 30th June 2021 for the completion of the CRRI/ Intern ship, for the purpose of participating in the NEET PG 2021 examination. Thereafter, considering the pandemic situation, the cut-off date was extended from time to time and it is now fixed as 30.09.2021. It was submitted that there is no scope for any further extension https://www.mhc.tn.gov.in/judis/ 5 and very shortly, the examination will be conducted and the counselling will be held for selection to the PG Course.
5. The learned counsel for the petitioner submitted that the pandemic situation has brought about a very extra ordinary scenario, where the students are already suffering and there is a delay in the completion of the internship for the petitioner only due to this situation. The learned counsel submitted that the respondents must take into consideration the suffering of the students and one more extension can be given for the completion of the CRRI/Internship. The learned counsel submitted that even though the petitioner cannot claim this as a matter of right, it is always open to the respondents to take into consideration the present situation and sympathetically consider the request made by the petitioner and similarly placed students.
6. This Court is sympathetic to the passionate claim that has been made by the petitioner seeking for the extension of the https://www.mhc.tn.gov.in/judis/ 6 cut-off date for completion of the internship. However, sympathy by itself cannot be a ground for issuing any positive directions, more particularly, when it comes to education. The cut-off dates are not fixed based on individual claims made and the respondents will have to take into consideration a wide range of options and take a decision. The respondents had infact taken into consideration the pandemic situation and had extended the time for the completion of the internship from 30.06.2021 up to 30.09.2021. The learned counsel appearing on behalf of the 2nd respondent has made it clear that there is no further scope for extension of the cut-off date beyond 30.09.2021.
7. It will be very difficult for the Courts to interfere into every decision that is taken on the Administrative side and fixing of a cut off date is completely out of the purview of a writ petition filed under article 226 of Constitution of India. The petitioner is trying to project his individual grievance and is seeking for the extension of the cut-off date. However, if such a claim is https://www.mhc.tn.gov.in/judis/ 7 entertained, it will open flood gates and every student who was not able to complete the internship on or before 30.09.2021, will approach this Court seeking for a similar direction and it will only end up in chaos. Such directions issued by this Court, will directly impact the further process of the respondents 2 and 3 in completing the admission for the PG courses. Therefore, even though this Court has considered the claim made by the petitioner sympathetically, it will be too difficult for this Court to direct the respondents to extend the cut off date.
8. In view of the above discussion, this Court is not in a position to grant the relief as sought for by the petitioner and accordingly, this writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.
09.08.2021 rka Index : Yes /No Internet :Yes /No https://www.mhc.tn.gov.in/judis/ 8 To
1. Union of India, rep by its Secretary to Government, Ministry of Health and Family welfare, Nirman Bhavan, New Delhi- 110 011 2 National Board of Examination in Medical Sciences, Rep by its Executive Director, NAMS Building Medical Enclave, Ansari Nagar, Ring Road, New Delhi.
3 The Secretary National Medical Commission, Pocket 14, Sector 8, Dwarakha Phase I, New Delhi- 110 077. https://www.mhc.tn.gov.in/judis/ 9 N.ANAND VENKATESH.,J rka W.P.No.16526 of 2021 & W.M.P.No.17491 & 17493 of 2021 09.08.2021 https://www.mhc.tn.gov.in/judis/