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  • HC relief to Medico...

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

Barsha MisraWritten by Barsha Misra Published On 2022-06-25T15:51:17+05:30  |  Updated On 25 Jun 2022 3:51 PM IST
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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 Due to an unfortunate turn of events, his sponsorship was withdrawn, but subsequently restored.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.

Following this, AIIMS via a formal communication dated August 2, 2021 had confirmed the petitioner about his selection as a sponsored trainee for the MCh course and the State Health Department issued a sponsorship certificate/ NoC on August 4.
Meanwhile, another candidate challenged the Judgment dated July 19, 2021 and appealed before the Division bench of HC, which stated the Single Judge order and ultimately set it aside. Resultantly, the sponsorship certificate had been withdrawn.
Independent of the said proceedings, the doctor had approached the State Government of Himachal Pradesh and the Health Department to consider his case, citing that he would suffer grave harm and prejudice. After considering his situation, the State Government, as a one-time exception, had permitted the petitioner doctor to resume the course at AIIMS, restored the NoC, and communicated the same to AIIMS.
Unfortunately, AIIMS informed the petitioner that his admission had been cancelled and his seat had been advertised for fresh admission for the session starting from July, 2022.
The petitioner approached the High Court bench again and the bench granted interim protection to him on May 2, 2022. After considering the matter at length and after giving due consideration to the contentions of both the parties, the court noted that,
"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."
The court also noted that even after the entrance exam, AIIMS did not find any eligible taker for the reserved MCh seat for the 'sponsored category'. Referring to this, the bench noted,
"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."
At this outset, the bench also referred to the contention of Mr. Dushyant Parashar, the counsel for AIIMS, who pointed out that the primary grievance of the institute was that granting relief to the petitioner would set up a wrong precedent. The counsel for AIIMS also pointed out that the petitioner doctor did not appear for exams for the academic session commencing from July, 2022, which is a violation of the prospectus. Therefore, it was the concern of AIIMS that the petitioner being a candidate of July, 2021 intake session, he would be joining from the academic session commencing from July 2022, if he is granted any relief. This, according to AIIMS, should not be allowed.
Referring to this, the HC bench noted,
"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."
Granting relief to the petitioner, the bench noted,
"Accordingly, the petition is allowed and AIIMS is directed to admit Petitioner for the M. Ch. Minimal Access Surgery & General Surgery course in the next academic session, commencing from July, 2022. 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."
To view the HC order, click on the link below.
https://medicaldialogues.in/pdf_upload/delhi-hc-179425.pdf
Also Read: NMC reopens online portal, directs Medical colleges to submit NEET SS admissions info
Delhi high CourtDelhi HCMinimal Access Surgery & General SurgeryMCh courseMCh CoursesHimachal Pradesh GovernmentHimachal Pradesh Health DepartmentSuper Speciality seatvacant super speciality seatAll India institute of medical sciencesAll India Institute of Medical Sciences (AIIMS)AIIMS Delhi
Barsha Misra
Barsha Misra

Barsha completed her Master's in English from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.

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