HC relief to doctor, AIIMS directed to add DM Cardiology Seat at PGIMER

New Delhi: Granting relief to a doctor, who was denied admission to the cardiology department at PGIMER, Chandigarh, the Delhi High Court recently directed the All India Institute of Medical Sciences (AIIMS), New Delhi to promptly add an additional seat and grant her admission to the DM Cardiology course at PGIMER for the July 2024 session.

Despite being eligible for admission, the doctor could not get admitted because only five seats had been advertised instead of 6- the additional seat and the petitioner had ranked 6th in the merit list of INI-SS July 2024.

Observing that denying admission to a candidate solely because of administrative fault and inefficiency would be unjust, the HC bench comprising Justice Swarana Kanta Sharma observed, "...the Courts must ensure, through their decisions, that a meritorious candidate does not suffer injustice due to no fault of his or her own."

"...AIIMS, New Delhi is directed to promptly add an additional seat and grant the petitioner admission to the DM Cardiology course in PGIMER, Chandigarh, for the July 2024 Session," it further ordered.

As per the petitioner, one Dr. Thubru, a Senior Resident had been assigned a position in the Department of Cardiology at PGIMER, Chandigarh, after successfully qualifying the Institute of National Importance SuperSpeciality Entrance Test (INI-SS Entrance Test) for the January 2024 session. 

However, in February 2024, Dr. Thubru resigned and this resulted in a vacant seat in the DM Cardiology Course, for January 2024 Session at PGIMER, Chandigarh.

The petitioner submitted that the prospectus for the July 2024 Session of the INI-SS Entrance Test for DM/M.Ch./MD Hospital Administration courses was published on 27.03.2024 and thereafter, online registrations began. She cleared the written test and after the interview, the petitioner secured AIIMS Merit List Rank 6, with 61.667 marks out of a total of 100 marks.

Later, the petitioner learnt that PGIMER, Chandigarh had sent a letter dated 27.05.2024 to AIIMS New Delhi requesting the advertisement of an additional seat for the DM Cardiology course for the July 2024 Session, in accordance with the accepted rules and protocols for conducting the examination. 

The petitioner alleged that even though this letter was duly received by AIIMS, New Delhi, it had failed to act accordingly and as a result caused prejudice to the petitioner and the public at large.

It was further submitted that when AIIMS on 31.05.2024 published the final seat positions for the INI-SS Entrance Test July 2024 Session, it failed to advertise the additional seat that had become vacant during the January 2024 Session. Aggrieved by this, the petitioner sent a representation via e-mail on 31.05.2024 ro AIIMS, informing them of the vacancy as well as his candidature.

Meanwhile, the candidates were required to fill their institute preferences by 04.06.2024 and complete their choices on the official website by 11.06.2024. The petitioner sent a reminder letter to AIIMS New Delhi on 05.06.2024 reiterating the factum of existence of one vacancy at PGIMER, Chandigarh and the request made by PGIMER in that regard also. However, since AIIMS did not issue an addendum for the additional seat at PGIMER, Chandigarh, the petitioner approached the Delhi High Court seeking relief.

On the other hand, the counsel for AIIMS Delhi pointed out that the petitioner had approached the Court at a belated stage and despite being aware of the vacancy of a seat at PGIMER, Chandigarh, the petitioner remained silent until 27.05.2024. It was only after this delay that the petitioner actively emailed AIIMS, New Delhi on 01.06.2024 and 05.06.2024. 

Given these circumstances, AIIMS, New Delhi could not have reasonably considered adding the vacancy at such a late stage, since doing so would have necessitated restarting the entire assessment process stipulated in Clause 6.2(d) of Part-A of the prospectus, which prohibits such revisions once results are finalized and assessments are initiated, submitted AIIMS' Counsel.

It was also submitted that the Prospectus lacks any provision allowing AIIMS, New Delhi to retrospectively alter admission processes after the initial assessment. 

Further, the counsel for AIIMS pointed out that the plea could potentially lead to a situation where candidates from 72 other courses might also approach the Court seeking similar relief. 

While considering the matter, the HC bench took note of Clause 8.5(e) sub-rule (vi) of the Prospectus of INI-SS July 2024 Session and noted that "as per aforesaid clause, any seat which remains vacant in respective sub-groups is carried forward for the next session."

Apart from this, after perusing the record, the Court also noted that AIIMS through a notice dated 19.02.2024, had requested the institutes to participate in the INI-SS Entrance Test to conduct a stray vacancy round for the vacant seats.

"Therefore, though all the participating institutes of INI-SS Entrance Test could have conducted stray vacancy rounds for the vacant seats, if any, the PGIMER Chandigarh had failed to conduct any such round, even though one seat in DM Cardiology Course had become vacant pursuant to the resignation of one of the doctors, as noted above," noted the HC bench.

The Court observed that meanwhile, AIIMS Delhi sent an email dated 23.02.2024 to all the participating institutes to inform them if there were any vacant seats the would be carried forward to the July 2024 Session. Thereafter, another email dated 20.03.2024 was sent by AIIMS New Delhi, calling upon all the participating institutes to verify the number of seats to be published for the upcoming INI-SS Entrance Test, July 2024 Session.

The bench took note of the fact that PGIMER, Chandigarh had neither responded to AIIMS's email dated 23.02.2024 informing that one of the residents had tendered his resignation, nor it had informed about the existence of one more vacant seat to AIIMS in response to the email dated 20.03.2024, even though Dr. Thubru's resignation had already been accepted by PGIMER on 16.03.2024.

It was only on 27.05.2024 that PGIMER Chandigarh informed AIIMS, New Delhi about a vacant DM Cardiology seat for the January 2024 Session. "Therefore, it is not in dispute that PGIMER, Chandigarh had requested AIIMS New Delhi to advertise one new seat i.e. three seats, instead of two seats, in the general category for the DM Cardiology Course in July 2024 Session, as per the accepted rules and protocols for conducting such an examination, though, after much delay," noted the Court.

"However, AIIMS, New Delhi could not include the belated request of PGIMER, Chandigarh and the same was not reflected in the Notice dated 31.05.2024, published by AIIMS, New Delhi vide which the details of final seat position of INI-SS admission were clarified," it further observed.

The Court noted that by the time PGIMER had informed AIIMS, advertisements had already been issued by AIIMS as per the deadlines and the protocols followed for conducting such examinations had been completed. Therefore, "there has been no lapse on the part of AIIMS New Delhi," the Court observed.

While acknowledging the delay on the part of PGIMER to inform about the vacant seat, the HC bench observed that since the vacant seat could not be included in the final notice dated 31.05.2024, the petitioner who would have otherwise secured admission was denied the seat.

"Be that as it may, this Court is also of the opinion that it is an admitted fact by all the parties before this Court that one seat in the DM Cardiology Course, in January 2024 Session, had become vacant in PGIMER, Chandigarh after the resignation of Dr. Diego Mario P. Thubru, thereby increasing the number of seats in the Department of Cardiology at PGIMER, Chandigarh, from two to three. However, the seat which had become vacant in PGIMER, Chandigarh could not be included in the final notice dated 31.05.2024 published by AIIMS New Delhi. Thus, the petitioner, who ranks 6th in the INI-SS Entrance Test for July 2024 Session, was denied a seat in DM Cardiology Course at PGIMER, Chandigarh, which he would have secured otherwise, had the vacant seat been included in the final notice dated 31.05.2024," it observed.

While passing the order, the Court also took note of the fact that there was a shortage of doctors in the Department of Cardiology at PGIMER Chandigarh and therefore, filling up the vacant seat would significantly benefit the institute and the public at large. 

"Conversely, leaving a seat vacant for an entire session due to the institute‟s (PGIMER) delay would harm the general public who rely on these hospitals and specialised institutes for treatment, especially in such a critical department," the Court noted.

At this outset, the HC bench relied on the Supreme Court order in the case of Dr. Rohit Kumar v. Secretary Office of Lieutenant Governor of Delhi and observed that the Courts must ensure that a meritorious candidate does not suffer injustice due to no fault of his or her own.

Noting that the petitioner secured AIIMS Merit List rank 6 and could not secure a seat because only five seats had been advertised, the court noted,

  "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."

"As noted in preceding discussion, the exclusion of this additional vacant seat was solely due to the delayed communication from PGIMER, Chandigarh. This Court is further of the opinion that ensuring all available seats are filled is in the best interest of public health and institutional efficiency. Denying the petitioner this opportunity due to administrative inefficiency would be unjust and contrary to the principles of fair competition and meritbased selection," it further noted while directing AIIMS Delhi to promptly add an additional seat and grant the petitioner admission to the DM Cardiology course in PGIMER, Chandigarh, for the July 2024 Session.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/delhi-hc-ini-ss-245225.pdf

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