Can't Interfere With Cut-Off Date In Art 226 Jurisdiction, Unless It Is Fixed For Whimsical Considerations/ In Mala Fide Manner: Rajasthan High Court

The Rajasthan High Court has observed that that the writ Courts, under Article 226 of the Constitution, may not interfere in every decision that is taken on the administrative side and fixing of a cut-off date, will be out of purview of a writ Court until the same is either fixed by keeping in mind the whimsical considerations or fixed in a mala fide manner Justice Ashok Kumar Gaur ruled, "This Court finds that the writ Courts, under Article 226 of the Constitution, may not interfere in every decision that is taken on the administrative side and fixing of a cut-off date, will be out of purview of a writ Court until the same is either fixed by keeping in mind the whimsical considerations or fixed in a malafide manner."The court observed that State Government has found that rendering of service in remote, difficult and rural areas entitles a person to certain incentive/bonus marks, then the decision of the State Government, in its wisdom and as a matter of policy, to confer such benefit upto a particular date cannot be termed as whimsical or malafide. BackgroundIn the present matter, the petitioners being government Doctors working in the remote, difficult & rural areas, applied as in-service candidates in NEET PG 2021 examination and they all were entitled for incentive marks for the services rendered by them in remote, difficult & rural areas. Thereafter, the State Government decided to consider the experience of in-service Doctors to be counted upto 30.09.2021 for the purpose of award of bonus marks while making admission in Post Graduate Medical Courses. Feeling aggrieved, the petitioners challenged the letter/order dated 08.01.2022. FindingsThe court opined that fixation of a cut-off date, may be in a given case, cause hardship to a candidate or group of candidates but that per se does not lead to the conclusion that such fixation of date itself is arbitrary. The court added that any cut-off date, which is fixed by the State Government, will always be affecting some of the candidates but at the same time, fixation of cut-off date, if has a degree of inherent randomness, causing hardship to certain group of candidates, the same cannot be a ground to declare such date as arbitrary. The court referred to Dr. Delip Singh v. State of Rajasthan, which was further upheld by the division bench in Dr. Neha Choudhary v. State of Rajasthan, wherein this court approved the power of the State Government to take a conscious decision of fixing a cut-off date, keeping in mind the relevant considerations and factors. Also Read: Rajasthan HC Dismisses Doctors' Appeal To Shift The Cut-Off Date To Consider Their Experience Of Service In PG Medical CoursesFurther, the court placed reliance on GA Vishwajeet v. Union of India, whereby the Madras High Court declined to interfere by holding that cut-off dates are not fixed based on individual claims made and the authorities are to take into consideration a wide range of options and then take a decision. In addition to this, the court also relied on Sh. Arman Sindhu Vs. Union of India, wherein Delhi High Court declined the grievance of extending the date of completion of one year Compulsory Rotatory Residential Internship beyond 30th September, 2021 upto 31st October, 2021. The court also rejected the petitioners' reliance on P. Mohanan Pillai v. State of Kerala (2007) and also on Kumari Shrilekha Vidyarthi v.. State of U.P. (1991) of the Apex Court. The court observed that the said decisions are to judge fairness and reasonableness in the State actions. The counsel for the petitioners submitted that once the State Government has taken a stand by filing an affidavit on 04.01.2021, the extension of date by issuing notification dated 08.01.2022 is like taking a U-Turn and the State Government cannot be permitted to shift its stand. He added that the State Government has not kept in mind the relevant consideration while changing the date of counting experience as the category of freshers/MBBS students to complete their internship during COVID-19 period upto 30.09.2021 is altogether on a different footing and the same logic does not apply while dealing with the petitioners. In contrast, the counsel for the respondents argued that the issue of extension of cut-off date from 30.04.2021 to 30.09.2021 is no more res integra as the in Dr. Neha Choudhary, the Division Bench has not only upheld the order of Dr.Delip Singh but also held that fixing of date and granting incentive is a matter of policy and depends on the discretionary exercise of powers of the State Government. He further argued that the cut-off date fixed by the competent authority is having nexus with the object to be achieved, the valid classification is permissible and the same cannot be termed as arbitrary. The counsel appearing for the National Medical Commission submitted that Regulation 9(IV) of the Post Graduate Medical...

Can't Interfere With Cut-Off Date In Art 226 Jurisdiction, Unless It Is Fixed For Whimsical Considerations/ In Mala Fide Manner: Rajasthan High Court

ANIRUDH VIJAY

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