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Neutral Citation Number: 2023:DHC:2011

5. In the meantime, on 21.08.2020, Petitioner appeared in the Computer Based Test ('C.B.T.') for appointment to the post of Technician (Radiology) in AIIMS, as there was no bar in applying for the said post during the M.Sc. course. On 29.10.2020, AIIMS issued an order regularizing 163 leaves taken by the Petitioner from 27.03.2020 to 02.09.2020 as also postponing her final examination from July, 2021 to December, 2021, simultaneously extending the M.Sc. registration upto 07.01.2022.

6. Petitioner avers that on 08.03.2021, she submitted her thesis and a month later on 05.04.2021, she cleared the C.B.T. Examination and received an offer letter to join as Technician (Radiology) within 60 days. As per Clause 14 of the offer of appointment, it was mandatory that the Petitioner submitted either a course completion certificate or certificate of discontinuation of the M.Sc. Course at the time of joining, failing which she would not be allowed to join the post and the offer of appointment was liable to be cancelled/withdrawn. Under Clause 2(C), a relieving order with acceptance of resignation from an employer was required to be submitted where a candidate was an employee in a Government Sector. Since the Petitioner had accepted the offer letter on 07.04.2021 to join the post of Technician (Radiology), by a letter dated 25.05.2021 she requested AIIMS to permit her to complete her academic tenure and appear in the final examination.

7. On 01.06.2021, Petitioner wrote to Director (AIIMS) apprising him that she had accepted the offer letter and was joining as Technician (Radiology) on 03.06.2021. As required, Petitioner tendered her resignation on 02.06.2021 with a request to accept the same with effect from the same day. AIIMS accepted the resignation on 02.06.2021 itself and Petitioner joined as Technician in the Neutral Citation Number: 2023:DHC:2011 Radiology Department on 03.06.2021. Soon thereafter on 11.06.2021, Petitioner requested Head of the Department, Surgical Block of AIIMS, to grant permission for appearing in the final examination, but the request was declined on 18.06.2021. On 28.06.2021, Petitioner sought withdrawal of the resignation with permission to re-join and complete the remaining M.Sc. course.

9. Contentions raised on behalf of the Petitioner:

A. Petitioner is an exceptional student who completed her B.Sc. (Hons.) in Medical Technology in Radiography from AIIMS in 2019, after which she cleared the Competitive Examination and joined the M.Sc. Course. Petitioner has undergone more than 80% of the course and also submitted her thesis on "Scintigraphic images restoration using Richardson-Lucy Algorithm", which was later published in a very reputed Journal "Nuclear Medicine Communication". Petitioner had no intent to discontinue the course but was forced by the circumstances arising out of the pandemic. Petitioner's father was the only earning member whose factory was sealed in 2016 and after Neutral Citation Number: 2023:DHC:2011 which he was doing small jobs, which had to be discontinued during COVID-19. Thus, having no source of income, Petitioner had no option but to accept the post of Technician (Radiology) and since the pre-condition of the job was resignation/submission of course completion or discontinuation certificate, Petitioner had to tender her resignation from the M.Sc. Course. Having secured a job, Petitioner requested AIIMS to permit her to re-join the course and take the final examination in June, 2021 itself, which request was declined, without any basis.