RADHIKA ASHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed by the appellants challenging the judgment dtd. 13/12/2021 passed by the learned Single Judge in WP(C) 10229 of 2021, titled Radhika Ashar and Ors. v. Union of India and Ors., holding that while the claim of the petitioners that they be allowed to participate in the counselling process of the All India Ayush Post-graduate Entrance Test, 2021 (hereinafter referred to as the 'AIAPGET - 2021') cannot be granted as they have not completed their compulsory one-year rotating internship by 31/12/2021, however, the order will not come in the way of the Union of India taking a fresh decision in view of the revised schedule for counselling, subject to the orders of the Supreme Court in that regard.

(2.) It is the case of the appellants that they are the final year students of BUMS/BAMS/BSMS/BHMS course(s) in different Universities/Colleges located in the States of Kerala, Andhra Pradesh, Telangana, Gujarat, Uttarakhand, National Capital Territory of Delhi, West Bengal, Uttar Pradesh, et cetera. Due to the outbreak of the Covid-19 pandemic and the lockdown declared by the Central Government, the final-year examinations, which were originally scheduled for April 2020, were held in July 2020, and the results were announced only in December 2020. Subsequently, after the declaration of the result, the appellants joined the compulsory one-year rotating internship. Due to late declaration of result and consequent late grant of provisional certificate, which were given to the appellants only in January 2021, they could start rotating internship only in January 2021. This delay was for no fault on their part and for reasons beyond their control. Due to this delay, they shall be completing their one year rotating internship only in January 2022. The appellants submit that, therefore, the prescription of 31/12/2021, as the date by which the candidates for AIAPGET - 2021 must complete their one-year rotating internship, is arbitrary and whimsical. They submit that as the counselling process was to start only from 17/1/2022 and was to continue till 25/3/2022, the students completing their one-year rotating internship before the end of counselling should have been allowed to participate therein.

(3.) On the other hand, the learned counsel for the respondents submits that 30/9/2021 was the initial cut-off date for completion of a compulsory one-year rotating internship for eligibility in appearing AIAPGET - 2021. He submits that this requirement is stipulated in Regulation 7 of the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016, read along with Regulation 20 of the Indian Medicine Central Council (Post Graduate Ayurveda Education) Regulations, 2016. However, vide letter dtd. 23/4/2021, the respondent no.l extended the cut-off date for completion of internship to 30/10/2021 due to the ongoing Covid-19 pandemic.