HC relief to Medico seeking admission to MCh Minimal Access Surgery, General Surgery course at AIIMS Delhi

New Delhi: Considering the peculiar facts of the petitioner, the Delhi High Court recently allowed a Super Speciality candidate of the 2021 session to join MCh Minimal Access Surgery & General Surgery course at AIIMS, New Delhi, from July 2022.

Such relief was granted by the HC bench comprising of Justice Sanjeev Narula as it observed, "To allow the seat to remain vacant for a super-speciality course like the one in this case, 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 also notes that the above-noted findings have been consciously made with regard to the peculiar facts and ensuing circumstances that have arisen in the present case," clarified the bench.

The case concerned a senior resident at the Department of Surgery, Dr. Rajendra Prasad Goverment Medical College. He had been selected as a sponsored trainee for M. Ch. Minimal Access Surgery & General Surgery – a highly specialized course at All India Institute of Medical Sciences (AIIMS), New Delhi. Due to an unfortunate turn of events, his sponsorship was withdrawn, but subsequently restored. In the interregnum, his admission for the above course was cancelled. Therefore, he approached the Court and filed the petition.

Back in March, 2021, AIIMS had issued a prospectus for admission to various super-soeciality courses for the academic session commencing from July, 2021 including the M. Ch. Minimal Access Surgery & General Surgery course. Meanwhile, 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 of Himachal Pradesh.

Under this 2019 Policy, the petitioner doctor was not granted sponsorship and consequently, his request for pursuing post-graduation at AIIMS, New Delhi was rejected in April, 2021. Following this, the petitioner approached the High Court of Himachal Pradesh and through an interim order dated April 6, 2021, the court had directed the State Health Department of Himachal Pradesh to issue a provisional NoC in Petitioner's favour, which was subject to the final outcome of the plea. Subsequently, the HC bench ordered on July 19, 2021 that the petitioner doctor may be issued sponsorship certificate/ NoC for pursuing postgraduation/ super-speciality courses outside the state.

"It is manifest that Petitioner remains a 'sponsored category' candidate of Respondent No. 2. The Petitioner cannot be faulted, as it is an admitted position that after initially issuing the sponsorship certificate/ NoC in Petitioner's favour on 2nd August, 2021, Respondent No. 2 sought to withdraw the same on 17th September, 2021. However, this withdrawal order was subsequently recalled on 18th April, 2022, thereby, once again holding Petitioner eligible as a 'sponsored category' candidate for the seat against which he had been earlier admitted in August, 2021. Although Respondent No. 2's action in carryingforward 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."

"That said, it also emerges that pursuant to the entrance exam conducted by AIIMS for filling this seat, which was carried forward in the next academic session, no candidate has been found eligible against the seat reserved for the 'sponsored category' candidate for the M. Ch. Minimal Access Surgery & General Surgery course at AIIMS, New Delhi."

"However, as discussed above, the situation has arisen because of circumstances beyond the Petitioner's control. 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. To allow the seat to remain vacant for a super-speciality course like the one in this case, 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."