Delhi High Court - Orders
Radhika Ashar And Ors vs Union Of India And Ors on 15 September, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~136 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10229/2021
RADHIKA ASHAR AND ORS ..... Petitioners
Through: Mr. Manoj Khanna, Advocate with
Mr. Rajat Bhatia, Mr. Mukesh
Kumar Singh and Ms. Aakriti
Mittal, Advs.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Ms. Ojaswa Pathak, Adv. for
Mr. Apoorv Kurup, CGSC &
Ms. Nidhi Mittal, Advocate for
UOI.
Mr. Sanjay Khanna and
Ms. Pragya Bhushan, Advovcates
for R-3/NTA.
Ms. Archana Pathak Dave,
Mr. Parmod Kumar Vishnoi &
Mr. Avnish Dave, Advocates for
R-4- NCISM/CCIM.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 15.09.2021 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].
CM APPLs. 31523/2021 & 31524/2021 (exemptions) Exemptions allowed, subject to all just exceptions. The applications are disposed of.
Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:16.09.2021 14:11:11 W.P.(C) 10229/2021 Page 1 of 4W.P.(C) 10229/2021
1. Issue notice. Ms. Ojaswa Pathak, learned counsel, accepts notice on behalf of respondent nos. 1 and 2. Mr. Sanjay Khanna, learned counsel, accepts notice on behalf of respondent no.3/National Testing Agency ["NTA"]. Ms. Archana Pathak Dave, learned counsel, accepts notice on behalf of respondent no. 4/National Commission for Indian System of Medicine ["NCISM"].
2. The petitioners seek following relief in this writ petition:-
"a. Issue a writ of mandamus or any other appropriate writ(s), order(s), direction(s) directing the respondents to allow the petitioners to appear in the AIAPGET-2021 entrance examination to be held on 18.09.2021 with the liberty to submit the Compulsory One Year Rotating Internship Certificate at the time of counselling; and b. Pass any other order/directions as this Hon'ble Court may deem fit and proper in the interest of justice."
3. Mr. Manoj Khanna, learned counsel for the petitioners, contends that the respondents have extended the date for completion of the compulsory rotational internship from 31.10.2021 to 31.12.2021 for the purposes of admission to post-graduate AYUSH courses for the academic session 2021-2022. The petitioners seek a further extension of the date as they will be completing their internships during the month of January, 2022.
4. In an earlier writ petition [W.P.(C) 8687/2021], the petitioners had made the same request. The writ petition was disposed of on 18.08.2021 with a direction upon the respondents to consider the petitioners' representation and dispose of the same. The Ministry of AYUSH, Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:16.09.2021 14:11:11 W.P.(C) 10229/2021 Page 2 of 4 Government of India has since declined the request on the following grounds:-
"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 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."
5. The petitioners have made a further representation dated 03.09.2021 to the Ministry. Learned counsel appearing on behalf of the Union of India ["UOI"] seeks an opportunity to take instructions with regard to the petitioners' request.
6. Mr. Manoj Khanna, learned counsel for the petitioners and Mr. Sanjay Khanna, learned counsel for the NTA, which is conducting the All India AYUSH Postgraduate Entrance Test ["AIAPGET"], 2021 on 18.09.2021, submit that there is no impediment to the petitioners Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:16.09.2021 14:11:11 W.P.(C) 10229/2021 Page 3 of 4 taking the examination on 18.09.2021. Mr. Manoj Khanna submits that the petitioners have been issued admit cards and intend to take the examination. However, Mr. Sanjay Khanna makes it clear that candidates who have not completed their internship before the notified date would be regarded as ineligible for admission.
7. Having regard to the fact that the UOI is seeking an opportunity to take instructions, the petitioners may take the AIAPGET, 2021 without prejudice to the rights and contentions of the parties and without any equities arising in their favour as a result thereof.
8. List on 04.10.2021, to enable the UOI to take instructions.
9. In the meanwhile, the petitioners are at liberty to file an amended memo of parties keeping in mind that the Central Council for Indian Medicine has been replaced by the NCISM by virtue of the NCISM Act, 2020.
PRATEEK JALAN, J SEPTEMBER 15, 2021 'hkaur'/ Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:16.09.2021 14:11:11 W.P.(C) 10229/2021 Page 4 of 4