Delhi High Court - Orders
Ayush Agarwal vs Union Of India & Ors on 19 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,
Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.T.Singhdev, Ms.Michelle
B.Das, Mr.Abhijit Chakravarty &
Ms.Sumangla Swami, Advocates
for R-2./NMC.
Mr.Sanjeev Sabharwal, Advocate
for R-4/PGIMER, Chandigarh
Mr.Sanjay Dewan, Advocate for
Maulana Azad Medical College.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 19.01.2021 The proceedings in the matter have been conducted through video conferencing.
1. Mr. Sanjay Dewan, learned counsel, enters appearance on behalf of respondent no. 3/Maulana Azad Medical College [hereinafter, "MAMC"], New Delhi. Mr. Sanjeev Sabharwal, learned counsel, enters appearance on behalf of respondent no. 4/Postgraduate Institute of Medical Education and Research [hereinafter, "PGIMER"], Chandigarh.
2. The nub of the matter in the present case is that the petitioner was W.P.(C) 171/2021 Page 1 of 3 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.
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 W.P.(C) 171/2021 Page 2 of 3 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.
8. Respondent no. 4/PGIMER, Chandigarh is directed not to take any action against the petitioner until the next date of hearing.
9. List on 28.01.2021.
PRATEEK JALAN, J JANUARY 19, 2021 'hkaur' W.P.(C) 171/2021 Page 3 of 3