Delhi High Court - Orders
Abha George & Ors vs All India Institute Of Medical Sciences ... on 28 October, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~59 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12263/2021 & CM APPL. 38369/2021
ABHA GEORGE & ORS. ..... Petitioners
Through: Mr. Wills Mathews, Mr. DK
Tiwari and Mr. Robin Raju,
Advocates.
versus
ALL INDIA INSTITUTE OF MEDICAL
SCIENCES (AIIMS) & ANR. ..... Respondents
Through: Mr. VSR Krishna and Mr. V.
Shashank Kumar, Advocates for
R-1/AIIMS.
Mr. Rishabh Sahu, CGSC for R-2.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 28.10.2021 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].
1. Issue notice. Mr. V Shashank Kumar, learned counsel, accepts notice on behalf of the respondent no.1- All India Institute of Medical Science ["AIIMS"]. Mr. Rishabh Sahu, learned counsel, accepts notice on behalf of the respondent no.2- Union of India.
2. The petitioners are aggrieved by an Office Memorandum dated 18.10.2021, issued by AIIMS, whereby their admissions to M.Sc. Nursing course have been cancelled.
3. The case of the petitioners is that they applied for admission to M.Sc. Nursing course in AIIMS in various sub-specialities pursuant to the Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:28.10.2021 19:40:48 W.P.(C)12263/2021 Page 1 of 3 prospectus issued by AIIMS in February, 2021. Their applications were successful, and they were issued offer letters which were accepted by them. They have joined the course on 24.08.2021, and are presently enrolled in the M.Sc. Nursing course in AIIMS at various locations.
4. The impugned order dated 18.10.2021 purports to cancel their admissions on the ground of discrepancies found in their admissions. Mr. Wills Matthews, learned counsel for the petitioners, contends that the petitioners were duly eligible for admission and were granted admission in accordance with the procedure prescribed in the prospectus. He submits that no fault has been attributed to the petitioners for which their admissions are being cancelled at this stage.
5. Mr. Kumar submits that the writ petition has not been served upon him. Although an e-mail of service is annexed to the writ petition, he submits that the attachment thereto did not contain the writ petition. He seeks time to take instructions and assist the Court.
6. Having regard to the documents placed on record, the respondents are directed to file their counter affidavits within four weeks, dealing with the contents of the writ petition. Rejoinder thereto, if any, may be filed within two weeks thereafter.
7. In the meanwhile, the petitioners have made out a prima facie case for a limited ad interim relief. The impugned order dated 18.10.2021 does not attribute any fault or misrepresentation to the petitioners, and purports to cancel their admissions only on account of discrepancies found in the processing of their applications. As the petitioners have already joined the course, and have been studying for over two months now, the balance of convenience is also in favour of the status quo being maintained with Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:28.10.2021 19:40:48 W.P.(C)12263/2021 Page 2 of 3 regard to their admissions. I am satisfied that the petitioners would suffer irreparable loss and prejudice, if interim relief is not granted. The respondents are, therefore, directed to maintain status quo with regard to the petitioners' admissions until the next date of hearing, without prejudice to the rights and contentions of the parties. It is made clear that this order is subject to the result of the writ petition, and the petitioners will not be entitled to any special equities as a result of this order.
8. List on 22.12.2021.
PRATEEK JALAN, J OCTOBER 28, 2021 'vp' Signature Not Verified Digitally signed By:SHITU NAGPAL Signing Date:28.10.2021 19:40:48 W.P.(C)12263/2021 Page 3 of 3