JAYANT NATH, J. - (1.) This hearing is conducted through Video Conferencing. This Writ Petition is filed seeking the following relief:- i. Issue a Writ, order or direction in the nature of Mandamus directing the respondent to admit the petitioner to the course of DM-Neurology for the July 2020 Session and allow her to attend the Session as per schedule; ii Issue consequential orders directing the respondent to grant leave and relaxation of time to the petitioner to file and submit the original documents pertaining to her qualifying MD Exams, after the respective results are declared by Kerala University of Health Sciences, in the light of Covid -19 crisis; iii Issue further consequential orders directing the respondent not to pass on the seat, to which the petitioner is reasonably and rightfully entitled, to any other applicant ;
(2.) The case of the petitioner is that she completed her MBBS from Mahatma Gandhi University, Kerala in the year 2014-15. Thereafter she joined the course of MD with Government Medical College, Calicut. The session that started in 2017 was scheduled to conclude in April 2020. However, on account of the Pandemic and the subsequent lockdown measures imposed by the Central as well as the State Government, the final practical exams were scheduled between 10th and 12th August, 2020 (subject to the condition that the same does not get postponed owing to increasing number of Covid-19 cases in the State of Kerala). It is further pleaded that based on the CBT-Online Entrance Examination held on 11.06.2020 and the departmental clinical/practical/lab based assessment (Stage-II) held from 22.6.2020 to 24.6.2020 the petitioner has qualified for the seat of DM-Neurology in the first call by scoring the fourth highest score. It is pleaded that pursuant to Notification dated 30.06.2020 the petitioner reported to the respondent as per criteria specified in the form on 10.07.2020. However, the respondent/AIIMS refused to accept the Demand Draft sought to be submitted by the petitioner stating that the petitioner should give undertaking to file original documents by 16.8.2020 or else forfeit the seat. The petitioner states that she has written to the Registrar of the respondent by email to consider her to be admitted to the course, as her inability to produce her MD Degree Certificate is owing to no fault of her, but due to the change in examination schedule brought about by the Pandemic. It is pleaded that the respondent itself conducted its scheduled Entrance Exam in the month of June 2020 instead of April 2020, owing to the Pandemic. Hence, the present Writ Petition.
(3.) The respondent/AIIMS has filed its counter-affidavit. In the Counter- Affidavit it is pleaded that relaxation was given on account of the existing Covid-19 situation from 31.7.2020 to 15.8.2020. It is also pointed out that the delay in joining will result in shortage of manpower and impact the nation's fight against Covid-19. Reliance is placed on Clause 2 (Eligibility) of the Prospectus for DM/MCh which provides that a candidate must have completed requisite qualification, degree and tenure by 31.7.2020. The candidates who are likely to complete their 3 year requisite qualification, degree and tenure after 31.07.2020 will not be eligible to appear in this examination. It is further pleaded that the petitioner does not fulfil the eligibility criteria for this seat. It is further pleaded in the counter-affidavit that there can be no certainty that the result of the petitioner shall be published before the second date of counselling in view of Covid-19 situation. Further, there can be no guarantee that the candidate will pass the said eligibility exam. Following further contentions have been raised: (a) It is pleaded that the eligibility date for recruitment is defined under the powers of AIIMS. The same is being applied to all the candidates who have taken the exam. It is further pleaded that there are waitlisted candidates for the seat in question and any change in the rule at this stage, would be prejudicial to the interest of the waitlisted candidates in the list. It is further pleaded that any concession given to the petitioner will result in penalising honest candidates who may not have applied knowing that they will not be eligible by 31.7.2020. It is further stated that if the petitioner passes the eligibility exam she will be eligible to apply again for the DM Exam in December 2020. (b) It is further pleaded that the eligibility date of 15.8.2020 has been kept since it is expected that the candidates can join by 31.8.2020 i.e. the final date of joining declared by the Supreme Court for the Academic tenures in the judgment of Ashish Ranjan vs. Union of India being W.P.(C) 76/2015 dated 18.01.2016. (c) The failure of one University to conduct an exam cannot be held as a ground to delay recruitment of all other educational institutions and jeopardise the academic courses. It is further stated that fixing a date of eligibility is not unique to this exam and is a standard requirement for all exams, posts and positions. (d) It is strongly stressed that the first round of counselling cannot be permitted on the last possible date as this will leave no time for other Round of Counselling to be done. (e) Reliance is also placed on the judgment of the Supreme Court dated 14.8.2020 in W.P.(C) 742/2020 titled Raghuvir Saini and Or. vs. Union of India where the Supreme Court was dealing with a case where a large number of seats fell vacant from the All India Quota for the year 2020 and were being reverted to the State Quota. Reliefs claimed was to declare such unfulfilled All India Quota seats as having lapsed on account of the non- joining of selected/shortlisted candidates. The Supreme Court held that the relief as claimed if granted will create confusion and in fact result in denial of admission to eligible candidates against transferred State quota seats. This will be counter-productive and against the expressed communications sent by Medical Council of India. ;