Hima Kohli, Subramonium Prasad - (1.) This appeal has been heard through Video Conferencing.
(2.) By way of this Letters Patent Appeal, the appellant challenges the judgment and order dated 13th May, 2020, passed by a learned Single Judge dismissing W.P.(C) No.3054 of 2020 filed by her. 3. Shorn of unnecessary details, the facts leading to filing of this appeal are as under:- (a) In the year 2014, the appellant had joined M.B.B.S course with the School of Medical Science and Research, Sharda University, Greater Noida, Uttar Pradesh. After completing her academic portion of the curriculum which is for four and a half years, the appellant got her certificate of professional (Medical Registration) from the Medical Council, Uttar Pradesh on 25.3.2019 and she started her compulsory internship with the School of Medical Science and Research, Sharda University, Greater Noida, Uttar Pradesh. (b) We may note here that Section 10D of the Indian Medical Council Act, 1956 (in short, 'IMC Act'), that provides for a uniform entrance examination for undergraduate and post graduate level reads as under:- 'There shall be conducted a uniform entrance examination to all medical educational institutions at the undergraduate level and post-graduate level through such designated authority in Hindi, English and such other languages and in such manner as may be prescribed and the designated authority shall ensure the conduct of uniform entrance examination in the aforesaid manner: Provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016-17 conducted in accordance with any regulations made under this Act, in respect of the State Government seats (whether in Government Medical College or in a private Medical College) where such State has not opted for such examination.' (c) In exercise of powers conferred under Section 33 and Section 20 of the IMC Act, with the previous sanction of the Central Government, the Medical Council of India has brought out the Post Graduate Medical Education Regulations, 2000 (in short, 'Regulation, 2000'). Regulation, 2000 sets out the procedure for selection of a candidate for Post Graduate courses. Regulation 9 (1), (2) and (11) read as under:- 'Procedure for selection of candidate for Postgraduate courses shall be as follows.-- (1) There shall be a uniform entrance examination to all medical educational institutions at the Postgraduate level namely 'National Eligibility-cum-Entrance Test' for admission to postgraduate courses in each academic year and shall be conducted under the overall supervision of the Ministry of Health and Family Welfare, Government of India. (2) The "designated authority " to conduct the "National Eligibility-cum-Entrance Test " shall be National Board of Examination or any other body/organization so designated by the Ministry of Health and Family Welfare, Government of India. XXXXXXXXX (11) No authority / institution shall admit any candidate to any postgraduate medicine course in contravention of the criteria / procedure as laid down by these Regulations and / or in violation of the judgements passed by the Hon'ble Supreme Court in respect of admissions. Any candidate admitted in contravention / violation of aforesaid shall be discharged by the Council forthwith. The authority / institution which grants admission to any student in contravention / violation of the Regulations and / or the judgements passed by the Hon'ble Supreme Court, shall also be liable to face such action as may be prescribed by the Council, including surrender of seats equivalent to the extent of such admission made from its sanctioned intake capacity for the succeeding academic year / years.' (d) A perusal of the aforesaid Regulation would show that the National Board of Examination (in short, 'NBE') is the designated authority to conduct the common entrance examination for admission to Post Graduate courses. The authority fixes the eligibility criteria for the candidates to take the examination. (e) The NBE, which is the designated authority has brought out an Information Bulletin for the National Eligibility-cum-Entrance Test (Post Graduate) NEET - PG for admission to MD/MS/Post Graduate Diploma Courses for Session 2020. The eligibility criteria for taking the NEET - PG 2020 has been given in paragraph 4 of the Information Bulletin. Paragraph 4.1 A, 4.2, 4.3, 4.4, 4.5 of the Information Bulletin, which are relevant for the instant case are being reproduced hereinbelow:-- '4.1 (A) Candidates in possession of MBBS degree or Provisional MBBS Pass Certificate recognized as per the provisions of the Indian Medical Council Act 1956 and possessing permanent or provisional registration certificate of MBBS qualification issued by the Medical Council of India or State Medical Council and have completed one year of internship or are st likely to complete the internship on or before 31 March 2020, may apply for NEET-PG 2020 through online application system at website www.nbe.edu.in. 4.2 Candidates found to be ineligible at any stage of NEET-PG 2020 will not be permitted to appear in the examination and/or counseling. In an unlikely event of any ineligible candidate appearing and/or being successful in the NEET-PG 2020, the results / candidature of such candidate shall be cancelled and/or are deemed to be cancelled. 4.3 Requests for appearing in NEET-PG 2020 from candidates completing st internship after 31 March 2020 or having qualifications that are not recognized as per IMC Act shall be summarily rejected. Candidates are further advised not to canvass for the same. The cutoff date for completion of internship towards determination of st eligibility for appearing in NEET-PG 2020 shall be 31 March, 2020.  4.4 Appearing in NEET-PG does not confer any automatic rights upon the candidate for admission at medical institute /college for MD/MS or PG Diploma Courses. 4.5 The dates indicated by candidates with regard to 12 months Compulsory Rotating Resident Internship in the application form (i.e. internship starting and completion date) shall be treated as final and candidates will be required to submit the original Compulsory Rotating Resident Internship completion certificate at the time of admission in allotted Medical College/Institute.' (f) A perusal of the above eligibility criteria would show that candidates in possession of an M.B.B.S degree or provisional MBBS pass certificate recognized as per the IMC Act and possessing permanent or provisional registration certificate of MBBS qualification issued by the Medical Council of India or State Medical Council and who have completed one year internship or are likely to complete the internship on or before 31st March, 2020, can take the entrance examination for admission to PG courses. Paragraph 4.3 of the Information Bulletin makes it clear that the candidate had to complete the internship on or before 31.3.2020 and had to submit his certificate at the time of admission in the allotted Medical College/Institute. (g) In view of the above, the appellant herein, who had got her certificate of provisional (Medical) Registration from the Medical Council of Uttar Pradesh dated 25.3.2019 and who was likely to complete her one year compulsory internship before 31.3.2020, was eligible to take the examination for admission to a post graduate medical course commencing in the year 2020. As per the schedule given by the NBE, the entrance examination was to be held on 5th of March 2020. The appellant sat for the examination. (h) The appellant fell sick and she absented herself for 8 days between 23rd November 2019 to 22nd January 2020. She further remained absent for 28 days between 23rd January 2020 to 24th March 2020. In all, she absented herself for 36 days. The appellant states that in this duration, she was suffering from Typhoid and she recovered and thereafter joined duty. Unfortunately, she subsequently contracted Upper Respiratory Tract Infection (URTI) in the last week of February, 2020. The explanation offered by her for not recommencing her internship was that in view of her URTI, she felt it prudent not to do so in the interest of her health and safety. The appellant states that she recommenced her internship on 20th March, 2020, when she felt that she had completely recovered. The appellant completed her internship and an internship completion certificate dated 30th April, 2020, was issued in her favour by the School of Medical Sciences and Research and Sharda University. The certificate shows that the appellant was absent for a period of eight days between 23rd November 2019 to 22nd January 2020 and for a period of twenty eight days between 23rd January 2020 to 24th March 2020, totalling to thirty six days and as a result, her period of internship was extended by thirty six days. (i) In the meantime, results for the entrance examination were declared wherein, the appellant secured 6689 rank on an All India basis. The appellant sat for the first All India Counseling and she was allotted a seat in BRD College, Gorakhpur. The appellant thereafter also attended the first counseling conducted by the State of Uttar Pradesh and she has been allotted a seat in Kings College, Lucknow. (j) The Medical Council of India brought out a Notification bearing No.NCI-23 (1)/2020/Med./201867 dated 7th of April, 2020, regarding completion of twelve months internship by medical graduates commencing on/after 1.4.2020 in view of the extraordinary situation due to the COVID-19 outbreak, which compelled the Government of India to declare an all India lockdown w.e.f. 24.03.2020. Paragraphs 4 and 5 of the said Notification, which are relevant for the present case read as under:-- '4. The academic session for post graduate board specialty courses in all Medical Colleges/Medical Institutions falling under the purview of the Indian Medical Council Act, 1956 commences from 1st May of the academic year. A candidate who has qualified the National Eligibility-cum-Entrance test in order to be considered for admission to postgraduate courses, in accordance with the Scheme of Online 50% All India Quota PG counseling: 2020-21 concerning completion of internship requires: v. Internship completion certificate/certificate from the Head of the Institution or College that the candidate shall complete the internship by 31st March, of the year of admission. vi. Permanent/provisional Registration certificate issued by the MCI or DCI/State Medical or Dental Council. Provisional Registration Certificate is acceptable only in cases where the candidate is undergoing internship and likely to complete the same on or before 31st March of the year of admission.
(3.) It has come to the notice of the BOG that after passing final MBBS examination some MBBS students could not join the internship in time, or could not obtain provisional registration with the State Medical Council or the internship was interrupted after start due to COVID 19 pandemic. Therefore, the Board of Governors in supersession of MCI has decided the 12 months compulsory rotating internship can be completed by such students within 30th April, 2021 stop the total duration of the internship shall be 12 months only irrespective of the date of commencement. Such candidates will also be eligible to appear in PG NEET 2021 for admission in PG Courses.';