Incorrect To Deny MD Seat To Candidate Solely Due To Administrative Fault: Delhi High Court To AIIMS

The Delhi High Court observed that denying a MD seat (Doctor of Medicine) to a candidate solely due to administrative fault and inefficiency would be unjust and against the principle of merit-based selection. The Court asserted that filling available vacancies is in the best interests of public health and institutional efficiency.

Justice Swarana Kanta Sharma was considering the petitioner's plea to direct the Ministry of Health and Family Welfare (respondent no. 1) to advertise one MD seat in Cardiology Course for the July 2024 Session at respondent no. 3's institute (Post Graduate Institute of Medical Education & Research, Chandigarh). Furthermore, to allocate this new seat to the petitioner either at All India Institute of Medical Sciences (AIIMS), New Delhi (respondent no. 2) or PGIMER, Chandigarh.

The Institute of National Importance Super- Speciality Entrance Test (INI-SS Entrance Test) is conducted by AIIMS for admission in MD courses. The Prospectus of INI-SS Entrance Test, July 2024 session, indicated that any seat which remains vacant would be carried forward for the next session.

AIIMS, New Delhi issued a notice on 19.02.2024, requesting the participating institutes of the entrance test to conduct a stray vacancy round for any vacant seats. Subsequently, it emailed all the participating institutes on 23.02.2024, to inform about any vacant seats to be carried forward to the July 2024 session. On 20.03.2024, it sent another email asking the participating institutes to verify the number of seats to be published.

There was a vacancy in PGIMER's Department of Cardiology due to the resignation of a doctor who had qualified for the January 2024 session but had resigned in February. However, PGIMER only informed about the vacant seat to AIIMS on 27.05.2024. It requested AIIMS to increase one seat for the test, considering the vacancy of January 2024 session.

AIIMS did not accommodate the delayed request from PGIMER. Therefore, the notice published by AIIMS on 31.05.2024, which clarified the final seat positions for INI-SS admissions, did not include the additional vacant seat of PGIMER.

The High Court observed that the exclusion of additional vacant seat by AIIMS was solely due to the delayed communication from PGIMER.

It noted that the petitioner, though ranked 6th, could not get admission due to only 5 seats being advertised. It remarked that “...the Courts must ensure, through their decisions, that a meritorious candidate does not suffer injustice due to no fault of his or her own.”

Further, “Denying the petitioner this opportunity due to administrative inefficiency would be unjust and contrary to the principles of fair competition and merit- based selection.”

The Court stated that AIIMS Delhi should have carried forward the January 2024 session's vacancy to the July 2024 Session.

It remarked that filling the vacant seat would benefit both the institute and the public as there is a shortage of doctors in PGIMER's Cardiology Department. It stated that leaving the seat vacant for an entire session due to PGIMER's delay, harms the public dependent on such hospitals for specialised treatments.

It observed that granting admission to petitioner would not prejudice other candidates since petitioner would have directly benefited if AIIMS had advertised the additional seat for the DM Cardiology course.

“Thus, directing the respondents to grant a seat/admission to the petitioner in DM Cardiology course for July 2024 Sessions will not prejudice other candidates, since had the one additional seat for DM Cardiology course been advertised by AIIMS New Delhi for INI-SS Entrance Test July 2024 Session, the petitioner would have directly benefited from the same.”

It also observed that ensuring filling of all available seats is in the best interest of public health and institutional efficiency.

The Court thus directed AIIMS, New Delhi to add an additional seat and grant the petitioner admission to the DM Cardiology course in PGIMER, Chandigarh for the July 2024 Session.

Case title: DR. CHINMAY ANKLESHWARIA vs. UNION OF INDIA THROUGH MINISTRY OF HEALTH AND FAMILY WELFARE & ORS. (W.P.(C) 8707/2024)

Citation: 2024 LiveLaw (Del) 844

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