"This Is Not End Of Life, Appear Next Year": Delhi High Court Refuses To Extend Internship Cut-Off Date For Ayush PG Entrance Test 2021

The Delhi High Court last week dismissed an appeal seeking to extend the cut-off date for completion of Internship towards determination of eligibility for All India Ayush Post-graduate Entrance Test, 2021."Appear next year. This is not the end of life," the Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla orally remarked while dismissing the appeal.The prescribed cut-off date by which a candidate must have completed his/her compulsory one year rotational internship to appear in the examination is December 31, 2021. The Appellants herein claim to have completed their internships in January 2022.Earlier, the Appellants were granted interim relief to appear for the examination, in the writ petition filed before a single judge. However, vide final order dated December 13, 2021, the single Judge refused to permit the Appellants herein to participate in the counseling for AIAPGET – 2021. Hence, the present appeal was filed.The Division Bench was of the opinion that there would be many students who would not have taken the AIAPGET – 2021 course knowing that the last date for completion of the internship was fixed as December 31, 2021 and thus, granting relief to the appellants would result in discrimination against such students.It further observed,"The respondent no.1, having applied its mind to the representations of the appellants and rejected the same by giving reasons, which are not found arbitrary and whimsical, this Court, in the exercise of its power under Article 226 of the Constitution of India, cannot substitute the decision of the Body charged with the function of fixing such cut-off date, and direct a modification of the cut-off date for completion of the internship." The Appellants, final year students of BUMS/BAMS/BSMS/BHMS courses, sought permission to participate in the counselling process and liberty to submit the compulsory one-year rotating internship certificate at the time of counselling. It was their case that their rotational internships got delayed due to outbreak of Covid-19 pandemic.They averred that the final-year examinations, which were originally scheduled for April 2020, were held in July 2020, and the results were announced only in December 2020. Subsequently, they joined the compulsory one-year rotating internship, which would conclude only in January 2022. However, without considering these factors, the Respondents prescribed December 31, 2021 as the cut-off date by which candidates for AIAPGET – 2021 must complete their one-year rotating internship. They submitted that as the counselling process was to start only from January 17, 2022 and was to continue till March 25, 2022, the students completing their one-year rotating internship before the end of counselling should have been allowed to participate therein. The Respondents on the other hand submitted that the initial cut-off date for completion of compulsory one-year rotating internship for eligibility in appearing AIAPGET – 2021 was September 30, 2021. The same was extended till December 31, 2021, owing to the pandemic. It added that the impugned cut-off date was arrived at, taking into account that the entrance test was delayed by a period of three months, thereby an equivalent extension was granted for completion of the internship. It was submitted that grant of any relief to the petitioners would make the cut-off date totally redundant and open-handed. The High Court agreed that prescribing the cut-off date is a policy decision and cannot be interfered with by a Court exercising its power under Article 226 of the Constitution of India.On the plea by the Appellants that there are 104 All India Quota Seats available after counselling, the Court observed that it is for the Respondent to consider the said vacancy position and, if it so feels, pass such other orders/directions to fill such vacant seats. "However, this cannot be a ground for this Court to grant relief to the appellants," the Court said.Advocates Manoj Khanna and Aakriti Mitta appeared for Appellants. Standing Counsel Apoorv Kurup along with Advocates Nidhi Mittal and Ojaswa Pathak appeared for Centre.Case Title: Radhika Ashar v. Union of IndiaCitation: 2022 LiveLaw (Del) 262Click Here To Download Order

"This Is Not End Of Life, Appear Next Year": Delhi High Court Refuses To Extend Internship Cut-Off Date For Ayush PG Entrance Test 2021

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