AIIMS Post Doctoral Course : Supreme Court Allows MD Student, Who Submitted Certificate Late Due To COVID, To Take Admission In Available Vacancy

Remarking that the order has been passed in the special facts and circumstances of this case since exams could not be held as scheduled by reason of rise in CoVID 19 cases and is not to be treated as precedent, the division bench of Justice Indira Banerjee and Justice R Subhash Reddy observed that,

"It is made clear that this order has been passed in the special facts and circumstances of this case, since examinations could not be held as scheduled by reason of overwhelming rise in COVID-19 cases, and considering that there is a vacant seat in the Post Doctoral Course in Pulmonary Critical Care and Sleep Medicine in AIIMS, Patna, AIIMS, Bhopal and AIIMS, Raipur respectively. It is only fair that the Respondent No. 1 should get preference over candidates who have ranked below him in the merit list."

The Court further added that "This order passed by way of a one time measure for admission to the Post Doctoral Course in Pulmonary Critical Care and Sleep Medicine for July 2021-22 session, in the special facts and circumstances of this case, is not to be treated as a precedent."

While hearing the special leave petition challenging the Madras High Court order, the bench also directed AIIMS to permit the doctor to participate in the counselling scheduled on August 31, 2021.

Directions were issued upon the submission of Advocate Dushyant Parashar appearing for AIIMS that there was one vacant seat in the Post Doctoral Course in Pulmonary Critical Care and Sleep Medicine in AIIMS, Bhopal, one vacant seat in AIIMS, Patna and one vacant seat in AIIMS Raipur.

Background

Pursuant to Admission Notification to the Post Graduate and Post Doctoral courses published by the All India Institute of Medical Sciences (AIIMS), New Delhi,  U Asha (Respondent 1), a doctor and a final year student of the M.D. (Pulmonary) Course at the Institute of Medical Sciences, Kanagachettikulam, Pondicherry, affiliated to the Pondicherry University had applied for admission to the Post Doctoral Course in Pulmonary Critical Care and Sleep Medicine of the July 2021 session.

U Asha participated in the online selection process, and in the Departmental Clinical/Practical/Lab-Based Assessment conducted virtually through video conferencing. She was duly selected for a seat in the DM course in Pulmonary Critical Care and Sleep Medicine at All India Institute of Medical Sciences (AIIMS), Rishikesh, Uttarakhand.

The Prospectus that was published by AIIMS required candidates to acquire the requisite qualification within 31st July, 2021, failing which they would be debarred from taking admission in the institution. The final year Doctor of Medicine Examination which was scheduled to commence on May 3, 2021, had to be postponed due to the exponential rise in COVID-19 cases in the State of Tamil Nadu and the Union Territory of Pondicherry.

The examinations were thereafter held and the results were published. U Asha had to deposit a Demand Draft of Rs 3,00,000 in favour of the Director, AIIMS, New Delhi for her inability to exercise the option to join between 1st July 2021 to 15th July 2021.

Aggrieved by the action of AIIMS authorities to grant time to U Asha beyond July 31, 2017, to submit postgraduate degree certificate, the respondent approached the Madras High Court by filing a writ petition.

The Madras High Court on July 28, 2021 directed AIIMS authorities to proceed with the counselling/selection process but allot one seat in the D.M. Course for Pulmonary Critical Care and Sleep Medicine to any candidate for a period of 3 weeks. It was challenging the High Court order that AIIMS approached the Supreme Court.

Case Title: All India Institute Of Medical Sciences v. U. Asha & Ors.

Counsel For Petitioner: Advocate(s) Dushyant Parashar, Dinesh Pandey, Manu Parashar

Counsel for Respondent: Senior Advocate Siddharth Dave and Advocate Preshit Vilas Surshe

Bench: Justice Indira Banerjee and Justice R Subhash Reddy

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