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Punjab-Haryana High Court

Date Of Decision:07.10.2013 vs Post Graduate Institute For Medical on 7 October, 2013

Author: Rakesh Kumar Jain

Bench: Rakesh Kumar Jain

                                                               Kumar Vinod
                                                               2013.10.10 14:52
                                                               I attest to the accuracy and
                                                               integrity of this document
                                                               Chandigarh


CWP No.22237 of 2013                                                      [1]
                                   *****

         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH


                                      CWP No.22237 of 2013
                                      Date of decision:07.10.2013

Chirag Jain                                                       ...Petitioner
                                   Versus
Post Graduate Institute for Medical
and Research and another                                     ...Respondents


CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain


Present:      Mr. Pankaj Jain, Advocate,
              for the petitioner.
                     *****


RAKESH KUMAR JAIN, J.

After completing his MBBS on 17.01.2013, the petitioner is doing one year internship (rotatory houseman ship) which would complete on 18.01.2014. The respondents issued an admission notice No.95/2014 dated 21.09.2013, inviting applications for Postdoctoral and Postgraduate Courses for the academic year starting from 01.01.2014 in various courses. For the purpose of entrance examination, last date for online registration of application form was from 16.09.2013 to 10.10.2013 and the last date for receipt of offline applications is 12.10.2013 (up to 2.00 P.M.). In the General Information, it is categorically provided that the candidates completing internship after 31.12.2013 are not eligible for course No.1, 2 and 3.

The petitioner wanted to sit in the entrance examination of Kumar Vinod 2013.10.10 14:52 I attest to the accuracy and integrity of this document Chandigarh CWP No.22237 of 2013 [2] ***** Postgraduate MD/MS but due to the condition that candidates completing internship after 31.12.2013 would not be eligible because he is going to complete his internship after the cut off date on 18.01.2014, challenged the notice dated 21.09.2013 on the ground of its being arbitrary alleging that in the other colleges, the eligibility criteria of one year internship by 30.01.2014 is provided. He has thus, prayed for direction to the respondents to relax the cut off date for completion of internship by extending it up to 30.01.2014 to enable him to apply for the Postgraduate MD/MS Course by filing his application offline within the prescribed period.

Counsel for the petitioner has submitted that a letter has been issued by the College of the petitioner on 24.09.2013 to the respondents intimating that as the University results were announced late, the internship would start only w.e.f. 19.01.2013 and keeping in view the future of the students like the petitioner, the condition enumerated in Clause 5 of the General Information be relaxed. It is also submitted that even the petitioner had also made a representation to the respondents in this regard but to no effect.

I have heard learned counsel for the petitioner and perused the record.

The difficulty projected by the college of the petitioner of late declaration of result of the batch of the petitioner because of which the internship had been started only in January 2013, is no ground to declare the act of the respondents in prescribing the date of 31.12.2013 as the cut off date for completion of internship to be arbitrary because if the conditions of Kumar Vinod 2013.10.10 14:52 I attest to the accuracy and integrity of this document Chandigarh CWP No.22237 of 2013 [3] ***** notice of admission are to be tested on this ground, then the cut off date cannot be fixed by the respondents because this circumstance may happen in the other Universities as well because of which the cut off date would be changed on the asking of the students.

No other point has been raised.

In view of the aforesaid discussion, I do not find any merit in the present writ petition and hence, the same is hereby dismissed.

October 07, 2013                                     (Rakesh Kumar Jain)
vinod*                                                     Judge