JAI HARI AGARWAL Vs. UNOVERSITY OF DELHI

JUDGEMENT

(1.) . The petitioner Dr.Jai Hari Aggarwal by the present writ petition seeks a writ of certiorari to quash the impugned Note 2 in Clause II contained in the Bulletin of Information (Post- Doctoral/Post Graduate Degree/Diploma Courses) Session-2002 of the University of Delhi. The above Note requires a Diploma Holder who is desirous of obtaining admission in the Post Graduate Degree course i.e. MD in a subject other than that of the Diploma, to give a gap of 2 years. Alternatively, it is prayed that the said impugned Note 2 to Clause II be held as prospective in operation and not applicable to the petitioner.

(2.) . The factual matrix of the case may be briefly noticed. The petitioner has excellent academic credentials and has attained the 1st position in the merit list in the entrance test conducted by University of Delhi for admission to Post-Graduate course in Session 2002. The petitioner had completed his MBBS in the year 1996, and enrolled himself for 2 years Diploma course in DTCD called Diploma in Tuberculosis and Chest Diseases (for short DTCD). The petitioner successfully completed the said course during the period 1999 to 2001.

(3.) . The predicament of the petitioner is that he wants to seek admission to Post Graduate Degree Course i.e. MD in Radio-Diagnosis. The petitioner would be eligible to be admitted to the MD course for admission, but for Note 2 in clause II of the Bulletin of Information. The relevant provisions are reproduced as below: II. Duration of Courses : The period of training for obtaining these degrees shall be three completed years including the period of examination: Provided that in the case of students having a recognized two years Postgraduate diploma course in the same subject, the period of training including the examination shall be two years. NOTE 1. Student having diploma, if he or she seeks admission in any other MD/MS course will undergo 3 years course. 2. There shall be a gap at least two years if diploma holders seeks admission in any other subject (other than in which be or she has done diploma)."