PG residency can be counted cumulatively across institutes: HC quashes AIIMS Delhi rejection of doctor for DM critical care seat
New Delhi: Granting relief to the doctor, the Delhi High Court has set aside the cancellation of his candidature for admission to the DM Critical Care Medicine course at the AIIMS, holding that completion of the mandatory three-year PG residency can be counted cumulatively even if undertaken across multiple institutions.
The court ruled that the INI-SS prospectus requires only 1,095 days of training and does not mandate a single-institution residency, directing AIIMS to restore the doctor's candidature.
Justice Jasmeet Singh held that AIIMS could not introduce an additional eligibility condition at the final stage of admission when the prospectus governing the selection process was silent on such a requirement.
The High Court was hearing the plea filed by Dr Shah, who secured an All India Rank of 4 in the Institute of National Importance Super-Speciality (INI-SS) January 2026 examination, and a single-judge Bench of Justice Jasmeet Singh quashed the AIIMS’ rejection letter dated January 2, which had cancelled his candidature.
The petitioner doctor had completed his MD (Anaesthesiology) residency across three NMC-recognised institutions due to counselling reshuffles during the Covid-19 pandemic, aggregating more than 1,095 days of training, which was duly certified by the Gujarat University.
However, the AIIMS rejected his candidature at the final stage, contending that the residency experience was fragmented.
Rejecting the AIIMS’ interpretation, the Delhi High Court held that eligibility conditions must be "clear, explicit and uniformly applicable" and cannot be supplemented by interpretative additions at a later stage.
"Once the language of the prospectus is clear and unequivocal, it cannot be left to the discretion of the institution to add words and interpret it in a manner not borne out from its plain reading," Justice Singh said.
The Delhi High Court held that Clause 4.3.2 of the INI-SS prospectus only mandates completion of "3 years (1,095 days)" of requisite qualification and tenure by the cut-off date and does not stipulate that such residency must be completed from a single institution.
"A plain reading of the prospectus shows that it requires the requisite qualification, degree and tenure of three years by the prescribed date. It is totally silent on the fact that the three-year requirement has to be from a single institute," Justice Singh held.
The order noted that the AIIMS had accepted the doctor's application, issued an admit card, allowed him to participate in counselling, and declared him successful, without raising any objection regarding eligibility until the final stage.
"An act on the part of the institution which takes candidates by surprise at the sheer end of the selection process does not meet judicial scrutiny," the Delhi High Court said, while noting that such actions undermine meritocracy.
"Merit and fairness must prevail over technicalities. The right to pursue higher education, though not explicitly spelt out as a fundamental right, casts an affirmative obligation on the state and cannot be curtailed lightly on merely technical or procedural grounds," Justice Singh held.
"The respondent No. 1 Institution had several occasions to specify the peculiar position of the petitioner and to afford him an opportunity of hearing or an opportunity to make a representation. I am of the view that the Courts are duty bound to act in order to protect the interest of meritorious students and the same cannot be allowed to be violated by adopting interpretations, which is contrary to the clear and express language of the prospectus. It is pertinent to note that the right to pursue higher education even though not explicitly spelt out as a fundament right in the Constitution, it is an affirmative obligation on part of the state to ensure that the same is not curtailed lightly on merely technical or procedural grounds. The action taken by the respondent No. 1 Institution is devoid of reasons and lacks the essence of justifiability," the bench held.
Ultimately, holding that denial of admission in the doctor's case would result in "a travesty to merit", the High Court bench allowed the petition and ruled that the petitioner’s fragmented residency, totalling 1,095 days in the same discipline, satisfied the eligibility criteria under the prospectus, and directed that his candidature be restored.
"I am of the view that merit and fairness prevails over technicalities and the contention of the petitioner if not accepted would result in substantial harm to his higher education prospects and a travesty to merit. Therefore, it is held that the petitioner’s tenure even if physically fragmented in parts totalling to 1095 days in the same discipline falls within the parameters of Clause 4.3.2 of the prospectus for the Institute of National Importance Super-Specialty Entrance Test for the January 2026 session issued by the respondent No. 1 Institution. Consequently, the impugned rejection letter dated 02.01.2026 is hereby quashed and set aside.," it said
To view the order, click on the link below:
