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Ayush Agarwal vs Union Of India & Ors on 7 January, 2021

Author: Prateek Jalan

Bench: Prateek Jalan

$~16
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+      W.P.(C) 171/2021

       AYUSH AGARWAL                                      ..... Petitioner
                  Through:             Mr. Sanjeev Kumar Dubey &
                                       Mr.Rajmangal Kumar, Advocates.

                                  versus

       UNION OF INDIA & ORS.                            ..... Respondents
                     Through:          Mr. Sanjeev Sabharwal, Standing
                                       Counsel for R-1.
                                       Mr. T. Singhdev, Mr. Abhijit
                                       Chakravarty & Ms. Sumangla
                                       Swami, Advocates for Respondent
                                       No. 2/NMC.

CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN

                   ORDER

% 07.01.2021 The proceedings in the matter have been conducted through video conferencing.

CM APPL. 518/2021(exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 171/2021 & CM APPL. 517/2021(for stay)

1. Issue notice. Mr. Sanjeev Sabharwal, learned Standing Counsel accepts notice on behalf of respondent no.1. Mr. T. Singhdev, Advocate accepts notice on behalf of respondent no.2. There is no appearance on W.P.(C) 171/2021 Page 1 of 3 behalf of respondent nos. 3 and 4 although Mr. Sanjeev Kumar Dubey, learned counsel for the petitioner states that the petition has been served in advance by email. Learned counsel for the petitioner is directed to serve respondent nos. 3 and 4 by all permissible modes including electronically in the course of the day, and file an affidavit of service. In addition, personal service on respondent no. 3 is permitted.

2. The contention of the petitioner is that he has been pursuing his MBBS degree at the respondent no. 3 - Maulana Azad Medical College since 2015. He claims to have completed his one-year internship from 01.01.2020 to 31.12.2020. The petitioner's internship assessment card has been annexed to the petition as Annexure P-3.

3. The petitioner has since appeared in the Combined Entrance Test to pursue a post-graduate degree from the Institutes of National Importance (INI-CET) and has secured 15th rank therein. Consequently, he has been admitted to the Post-Graduate Institute of Medical Education and Research, Chandigarh for the session commencing in January, 2021.

4. However, the petitioner's grievance arises out of an internship roster for the month of January, 2021 which has been released by Maulana Azad Medical College on 29.12.2020 [Annexure P-17 to the writ petition]. By virtue of the said internship roster, the petitioner (who is in Batch 1D) is required to do a further two weeks of internship from 19.01.2021 to 30.01.2021 in the field of Obstetrics and Gynaecology. Mr. Sanjeev Kumar Dubey, learned counsel for the petitioner points out that the petitioner has already completed the internship rotation in Obstetrics and Gynaecology, as evident from the internship assessment record which is annexed to the writ petition.

5. I also note that in the roster for January, 2021, it is provided as follows:-

"The departments may kindly exclude the batches/interns who don't require the said training."

6. The respondent no. 3 is directed to ensure that it is effectively represented on the next date of hearing, and will also inform the Court as to the applicability of the said exception to the case of the petitioner.

7. List on 19.01.2021.

8. Mr. Dubey submits that the petitioner has already paid the requisite deposit for his seat in the respondent no. 4 institution. It is made clear that any further action taken by the respondent no. 4 will be subject to the result of this petition.

PRATEEK JALAN, J JANUARY 7, 2021 'pv' W.P.(C) 171/2021 Page 3 of 3