Letting Seat In Super-Speciality Course Go Vacant Won't Serve Anyone's Interest: Delhi High Court Grants Relief To Doctor Seeking Admission In AIIMS

The Delhi High Court has directed All India Institute of Medical Sciences (AIIMS) to admit a doctor in its specialised course, namely M. Ch. Minimal Access Surgery & General Surgery, in the next academic session, commencing from July, 2022.

Justice Sanjeev Narula was of the view that justice would be served in allowing the doctor to join the said course and that to allow the seat to remain vacant for a super-speciality course would serve the interests of none.

"If a doctor, like the Petitioner, undergoes training for such a course, it would only prove a valuable addition to the healthcare system. This weighs heavily with the Court for granting the relief as prayed for," the Court said.

The Court thus allowed the plea filed by one Dr. Mahendra Singh Rana working as a Senior Resident at the Department of Surgery, Dr. Rajendra Prasad Government Medical College, Himachal Pradesh.

He was selected as a sponsored trainee for M. Ch. Minimal Access Surgery & General Surgery at AIIMS. However, his sponsorship was withdrawn, but subsequently restored. In the interregnum, his admission for the said course was cancelled, constraining him to file the petition before High Court.

On 27th February, 2019, the State Government of Himachal Pradesh had issued a fresh policy for regulating admissions to various post-graduation and super-speciality courses in medical education outside the state. The Petitioner was not granted sponsorship under the 2019 Policy and his request to pursue post-graduation at AIIMS, Delhi was rejected in April, 2021.

The Himachal Pradesh High Court vide judgment dated 19th July, 2021, directed that the Petitioner may be issued the sponsorship certificate/ NoC for pursuing post- graduation/ super-speciality courses outside the state.

In the meanwhile, another candidate challenged the said judgment which was stayed vide interim order dated 10th August, 2021. Based on said interim order, the sponsorship certificate/ NoC issued in Petitioner's favour was withdrawn and he was requested to rejoin RPGMC.

The Petitioner the. approached the State Government of Himachal Pradesh to consider his case, citing that he would suffer grave harm and prejudice. On the basis, Secretary (Health), Government of Himachal Pradesh, as a one-time exception, permitted Petitioner to resume the course at AIIMS. Accordingly, the sponsorship certificate/ NoC was restored and the same was communicated to AIIMS.

The Petitioner thereafter reported at AIIMS, Delhi on 21st April, 2022 to resume the course, however, he was informed that his admission had been cancelled and his seat had been advertised for fresh admission for the session starting from July, 2022. Accordingly, plea was filed before the High Court.

"Although Respondent No. 2's action in carrying- forward the seat vacated by Petitioner in September, 2021 to the next academic session cannot be held to be unjustified, yet, the undisputed fact remains that the sponsorship certificate/ NoC in Petitioner's favour has been restored by Respondent No. 2 by recalling the earlier withdrawal order dated 17th September 2021," the Court observed.

The Court also noted that pursuant to the entrance exam conducted by AIIMS for filling this seat, no candidate was found eligible against the seat reserved for the 'sponsored category' candidate for the Surgery course at AIIMS.

Observing that the situation had arisen because of circumstances beyond the Petitioner's control, the Court ordered thus:

"The seat in question remains vacant, and therefore, no prejudice is being caused to any person, in case the relief so sought, is granted. Thus, in the opinion of the Court, justice would be served in allowing Petitioner to join the said course from the session commencing from July, 2022."

Accordingly, the plea was disposed of.

Case Title: DR. MAHENDRA SINGH RANA v. ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ANR.

Citation: 2022 LiveLaw (Del) 592

Click Here To Read Order