Delhi HC allows doctor in vacant seat of specialised course at AIIMS

New Delhi: The Delhi High Court has directed the All India Institute of Medical Sciences (AIIMS) to admit a doctor in the vacant seat of a highly specialised M.Ch. Minimal Access Surgery and General Surgery course.

Justice Sanjeev Narula, in a recent order, said in the opinion of the Court, justice would be served in allowing the petitioner to join the said course from the session commencing from July 2022.

“To allow the seat to remain vacant for a super-speciality course like the one in this case, would serve the interests of none. If a doctor, like the petitioner, undergoes training for such a course, it would only prove a valuable addition to the healthcare system. This weighs heavily with the court for granting the relief as prayed for,” it said.

During the course of the hearing, AIIMS argued that grant of relief, as sought by petitioner, would set up a wrong precedent.

In addition, it submitted that petitioner did not take exams for the academic session commencing from July 2022 — which is a flagrant violation of the prospectus.

Their concern is that the petitioner was a candidate of July 2021 intake session, and in the event any relief is granted at this stage, the petitioner would be joining from the academic session commencing from July 2022 and this should not be allowed.

The petitioner, a qualified doctor, working as a Senior Resident at the Department of Surgery, Dr. Rajendra Prasad Goverment Medical College (RPGMC), Tanda, Kangra, Himachal Pradesh was selected as a sponsored trainee for the course.

Due to an unfortunate turn of events, his sponsorship was withdrawn, but subsequently restored.

In the interregnum, his admission for the above course was cancelled, constraining him to file the present petition, said the plea.


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