Indian Kanoon - Search engine for Indian Law

17. This writ petition came up, for preliminary hearing, before this Court on 8th May, 2020. The above facts were briefly recorded by this Court, in the order passed on the said date. The order also recorded the submission, by Mr. Kirtiman Singh, learned Counsel for Respondents 1 and 3, and of Mr. T. Singhdev, learned counsel appearing for the Medical Council of India (Respondent No. 2) that no relief could be granted to the petitioner, as the inability, on her part, to complete the internship by 31st March, 2020, could not be attributed to the COVID- 2019 pandemic, the illness contracted by her in February 2020, as well as, later, in March 2020, not being attributable to the pandemic. This Court, nevertheless, directed learned Counsel to take instructions as to whether any relaxation, in the cut-off date can be considered for the petitioner.

18. Though no counter-affidavit, to the writ petition, has been filed, Mr. Kirtiman Singh and Mr. Singhdev submit, in one voice, that, as per their instructions, it would not be possible to accommodate the petitioner. Had the petitioner contracted the COVID-2019 bug, or had the inability, on her part, to complete the internship, being attributable thereto, they submit that some latitude may have been possible; as things stand, however, the petitioner has never, at any point of time, suffered from COVID. Her initial indisposition, commencing 29th January, 2020, was not attributable to COVID. The URTI, which she contracted on 27th February, 2020, too, was not diagnosed as COVID. While the decision, of the petitioner, not to recommence internship till 20th March, 2020, might, in part, be attributable to the COVID-2019 pandemic, in that, as a patient already suffering from URTI, she did not deem it appropriate to expose herself to infection, that, by itself, submit learned Counsel, cannot operate as a consideration, to extend the last date for completion, by her, of her compulsory internship.

19. I confess, with great reluctance, that I am compelled to accept the submissions of Mr. Kirtiman Singh and Mr. Singhdev, in preference to those of Mr. Srivastava. Mr. Srivastava was candid in accepting that the petitioner did not, at any time, actually suffer from COVID, i.e. the coronavirus-2019 infection. Neither could her indisposition, which commenced on 29th January, 2020, nor could the subsequent URTI, to which she fell prey on 27th February, 2020, be attributed to COVID. Mr. Srivastava does not dispute this factual position. At the same time, he submits that, had the COVID-2019 pandemic not intervened, the petitioner might have recommenced her internship before 20th March, 2020 and, possibly, completed it on or before 31st March, 2020. Her inability to do so, he submits, was owing to the COVID-2019 pandemic, and the especial susceptibility, to infection, of persons suffering from comorbidity in the form of respiratory infection. This, he submits, should be sufficient to justify grant of relief to his client.