TANUJA SAINI Vs. UNION OF INDIA

JUDGEMENT

(1.) Pursuant to an advertisement dated 12.02.2016 for writing the AIIMS MBBS -2016 Entrance Examination, the petitioner applied online on 04.03.2016 within stipulated time vide registration No.30176674 and candidate ID No.3011194330. However, the petitioner's application form was not shown as complete on the website when the petitioner checked her form status and found that upload images No. 5 and print registration form No.6 were not completed in her application form as per the records of the respondent. The petitioner in the circumstances requested the respondents through email that her application form had apparently been rejected due to discrepancy in the uploaded thumb impression and the signature image and therefore one more opportunity be granted to her. It is stated that similar requests were again made on 28.04.2016, 30.04.2016 and

(2.) 05.2016. It has been submitted that the petitioner seeking to correct her online application form of the deficiency indicated found that the signature browser link opened but the browser link of thumb impression did not open. Even though the online form had been otherwise corrected and uploaded successfully as per available facility on the website, however on 04.05.2016 on checking her form status, the petitioner again found that her online application form had been rejected for the reason that thumb impression is blurred. In the circumstances, it has been submitted that the cause for rejection of the petitioners online application form for writing AIIMS MBBS -2016 Entrance Examination cannot be attributed in any eventuality to the petitioner and appears to have been a consequence of a technical glitch which cannot entail the petitioner's exclusion from writing the said examination even though she is qualified and had made all possible attempts to submit online completed form with the requisite fee. In the circumstances, it has been prayed that the respondents be directed to allow the petitioner to rectify the purported defect leading to the rejection of her application form for writing AIIMS MBBS -2016 Entrance Examination and write the aforesaid examination when it is conducted on 29.05.2016. 2. Mr. R.D. Rastogi, Additional Solicitor General appearing with Mr. Gaurav Jain, for the respondents has very fairly submitted that albeit the issue of the jurisdiction of this court to hear the petition may be questionable in the facts of the case, yet in the overall facts of the case, the Court may exercise its equitable jurisdiction as deemed fit. It is however emphatically submitted that lakhs of students are writing AIIMS MBBS -2016 Entrance Examination and permission to rectify the deficiency in the application form and write the examination would cause gross administrative inconvenience with potential to disrupt the whole examination schedule. Mr. R.D. Rastogi as per the instructions also submitted that the petitioner was afforded about 5 opportunities for rectifying the deficiency but failed to do so. Heard. Considered.

(3.) Technology is indeed efficient but not a perfect instrument. The uploading of the thumb impression of the petitioner was quite obviously not a matter within her control. From the averments in the petition, it is apparent that the petitioner made several attempts to properly upload the thumb impression but without success. It is not in dispute that the petitioner is entitled to write AIIMS MBBS -2016 Entrance Examination having the requisite eligibility to write the said examination as per the instructions relevant for AIIMS MBBS -2016 Entrance Examination.