Delhi High Court - Orders
Ayush Agarwal vs Union Of India & Ors on 28 January, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 171/2021, CM APPL. 517/2021
AYUSH AGARWAL ..... Petitioner
Through: Mr.Sanjeev Kumar Dubey, Mr.Raj
Mangal Kumar & Mr.Jitu,
Advocates
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Sanjeev Sabharwal, Sr. Panel
Counsel for R-1/UOI.
Mr.T.Singhdev, Mr.Abhijit
Chakravarty & Ms.Sumangla
Swami, Advocates for R-2/NMC.
Ms.Nimisha Arora, Advocate for
Mr.Sanjay Dewan for R-3/MAMC.
Mr.Dushyant Parashar & Mr.Nanu
Parashar, Advocates for R-
4/PGIMER
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 28.01.2021
1. Pursuant to the orders of this Court dated 07.01.2021 and 19.01.2021, learned counsel for the respondents have taken instructions and made their submissions.
2. The petitioner has been pursuing the MBBS Degree at Maulana Azad Medical College ["MAMC"] (Respondent no. 3) since 2015. He W.P.(C) 171/2021 Page 1 of 5 claims to have commenced his one year internship on 01.01.2020 and completed twelve months of internship on 31.12.2020. His internship assessment card to this effect has been placed on record as Annexure P-3 to the writ petition.
3. The petitioner took the Combined Entrance Test to pursue a postgraduate degree from the Institutes of National Importance ["INI- CET"] and secured 15th rank therein. He has been offered admission in the post-graduate MD course in Internal Medicine at Post Graduate Institute of Medical Education and Research, Chandigarh ["PGIMER"] (respondent no. 4) for the session 2021-2023.
4. The issue which has given rise to this petition is that MAMC released an internship roster on 29.12.2020 which required the petitioner [who is part of Batch 1D mentioned therein] to complete a further two weeks of internship in Obstetrics and Gynaecology from 19.01.2021 to 30.01.2021, whereas PGIMER required the petitioner to have completed his twelve month internship by 31.12.2020 and to take admission by 01.01.2021. The extension of the petitioner's internship by MAMC is on the ground that his original rotation in Obstetrics and Gynaecology could not be completed, as he spent most of that period on COVID duty.
5. In these peculiar circumstances, this Court recorded the following order on 19.01.2021:
"2. The nub of the matter in the present case is that the petitioner was required by PGIMER to join his postgraduate course on 01.01.2021, after completing his internship by 31.12.2020. On the other hand, MAMC has extended his internship till 30.01.2021.W.P.(C) 171/2021 Page 2 of 5
3. Mr. Dewan states, upon instructions, that the petitioner‟s internship rotation in the Department of Obstetrics and Gynaecology was incomplete, as he had spent most of the period in COVID duty. He refers me to page no. 68 of the writ petition in this regard. He submits that, in these circumstances, respondent no. 3 requires the petitioner to complete a further period of two weeks internship in Obstetrics and Gynaecology in January 2021, as reflected in the impugned internship roster dated 29.12.2020.
4. Mr. Sanjeev Kumar Dubey, learned counsel for the petitioner, states that without prejudice to his rights and contentions in the present petition, the petitioner has joined the internship in Obstetrics and Gynaecology today. Mr. Sabharwal states that, in the meantime, after the order dated 07.01.2021 in this petition was passed, PGIMER has addressed an e-mail dated 12.01.2021 to the effect that the petitioner‟s admission would be cancelled if he does not join by 14.01.2021.
5. Mr. Sabharwal‟s contention however is that, at the request of the petitioner, PGIMER had extended his joining date to 14.01.2021. Mr. Dubey further states that the petitioner did report to PGIMER on 14.01.2021, but was not permitted to join the postgraduate course on the said date.
6. I am of the view that an attempt has to be made to find a solution which does not deprive a young doctor of his opportunity to undertake the postgraduate medical course for which he has admittedly qualified with a very high rank. Mr. T. Singhdev, learned counsel for National Medical Commission, suggests that PGIMER may permit the petitioner to join the postgraduate course immediately after the completion of his internship on 31.01.2021, subject to condition that the petitioner would make up the lost time during the three-year course. Mr. Dubey states that the petitioner would be satisfied with such a resolution of the matter.
7. Mr. Sabharwal is requested to take instructions and apprise the Court on the next date of hearing.W.P.(C) 171/2021 Page 3 of 5
8. Respondent no. 4/PGIMER, Chandigarh is directed not to take any action against the petitioner until the next date of hearing."
6. Pursuant to the orders, learned counsel for MAMC and PGIMER have taken instructions, and made their submissions.
7. Mr.Dushyant Parashar, learned counsel for PGIMER, states that the last date for admission in the post-graduate course to which the petitioner has been admitted is tomorrow i.e. 29.01.2021, when the institute is conducting an open round of admissions. He submits that if the petitioner approaches the institute tomorrow with the requisite documentation, he will be granted admission in the course.
8. Ms. Nimisha Arora, learned counsel for MAMC states that MAMC is agreeable to the petitioner completing his extended internship today and will issue a certificate to that effect. It is made clear that in view of the internship assessment card produced with the writ petition as Annexure P-3, the certificate to be issued by MAMC will state that the petitioner has completed twelve months of internship on 31.12.2020 and has completed the extended internship period from 19.01.2021 to 28.01.2021. As stated above, this extension was necessitated on account of the peculiar situation of the Covid-19 pandemic in the present year.
9. PGIMER is directed to accept the certificate to this effect in compliance of the requirement that the petitioner has completed twelve months of internship by 31.12.2020.
10. Mr. Sanjeev Kumar Dubey, learned counsel for the petitioner, states that the petitioner will report at PGIMER tomorrow and will carry out the formalities pursuant to the provisional admission letter dated W.P.(C) 171/2021 Page 4 of 5 23.12.2020 issued to him.
11. In view of the aforesaid, no further orders are required in this petition and therefore, the petition stands disposed of in these terms.
12. Learned counsel are at liberty to communicate this order the parties.
PRATEEK JALAN, J JANUARY 28, 2021 „hkaur‟ W.P.(C) 171/2021 Page 5 of 5