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Showing contexts for: internship completion in Dr Ojasvini Agrawal vs Union Of India & Ors on 27 May, 2020Matching Fragments
(h) The appellant fell sick and she absented herself for 8 days between 23rd November 2019 to 22nd January 2020. She further remained absent for 28 days between 23rd January 2020 to 24th March 2020. In all, she absented herself for 36 days. The appellant states that in this duration, she was suffering from Typhoid and she recovered and thereafter joined duty. Unfortunately, she subsequently contracted Upper Respiratory Tract Infection (URTI) in the last week of February, 2020. The explanation offered by her for not recommencing her internship was that in view of her URTI, she felt it prudent not to do so in the interest of her health and safety. The appellant states that she recommenced her internship on 20th March, 2020, when she felt that she had completely recovered. The appellant completed her internship and an internship completion certificate dated 30 th April, 2020, was issued in her favour by the School of Medical Sciences and Research & Sharda University. The certificate shows that the appellant was absent for a period of eight days between 23rd November 2019 to 22nd January 2020 and for a period of twenty eight days between 23rd January 2020 to 24th March 2020, totalling to thirty six days and as a result, her period of internship was extended by thirty six days.
v. Internship completion certificate/certificate from the Head of the Institution or College that the candidate shall complete the internship by 31st March, of the year of admission.
vi. Permanent/provisional Registration certificate issued by the MCI or DCI/State Medical or Dental Council. Provisional Registration Certificate is acceptable only in cases where the candidate is undergoing internship and likely to complete the same on or before 31st March of the year of admission.
7. The impugned judgment has been challenged in the instant Letters Patent Appeal.
8. Mr. Samar Kachwaha, learned counsel appearing for the appellant would contend that the date for submitting the internship certificate by 31st March 2020 does not have any rationale basis. He would submit that the date of 31st March, 2020 is not carved in stone as it has not been statutorily prescribed and therefore, there is nothing which prevents the time limit from being extended. He would further contend that in the present case, the appellant was not able to complete her internship due to circumstances beyond her control and therefore, she ought to be given admission on the basis of the rank she has secured in the examination. In short, the contention of Mr.Kachwaha is that date line as given by the NBE is only directory and not mandatory in nature. He would contend that the appellant has completed her one year internship before beginning of the course and is therefore, qualified to be admitted in the P.G. course. Thus, she cannot be denied admission just because she had not submitted her internship certificate before 31st March 2020. In the alternative, Mr.Kachwaha contends that the benefit of the Notification dated 7/4/2020 should be extended to candidates like the appellant herein. He would contend that unless the said Notification is not extended to candidates who have not been able to complete their internship by 30th March, 2020, due to the COVID-19 pandemic, then the same would suffer from "manifest arbitrariness" and ought to be struck down. He would state that there cannot be any distinction between a candidate who has not been able to complete the internship by March 31, 2020 and those who have not been able to commence their internship for the academic year 2020-2021, to be able to finish their internship by 31st March 2021.
12. Paragraph 4.1 A of the Information Bulletin, (quoted supra), lays down that the candidates in possession of an MBBS degree or Provisional MBBS pass certificate recognized as per the provisions of the IMC Act and have completed one year internship are likely to complete internship on or before 31st March, 2020 are alone eligible to apply NEET-PG, 2020 examination. Paragraph 4.3 of the Information Bulletin for the National Eligibility-cum- Entrance Test (Post Graduate) NEET - PG for admission to MD/MS/Post Graduate Diploma Courses for Session 2020, clarifies that any request for appearing in the NEET examination on completing internship after 31st March, 2020 shall be summarily rejected. Paragraph 4.3 of the Information Bulletin in no uncertain terms states that the cut-off date for internship towards determination of eligibility for appearing in NEET - PG 2020 shall be 31st March, 2020.