DR. SWATI SAILLY Vs. UNION OF INDIA

JUDGEMENT

(1.) This is the story of a MBBS doctor who reached so close to fulfill her dream of pursuing Post Graduate course, received communication through email dated 31.05.2016 from the Central Institute of Psychiatry, Kanke, Ranchi for her selection in Diploma in Psychological Medicine course, yet, denied admission for no fault of her. When she approached the Writ Court, referring to the timeschedule fixed vide Notification dated 22.01.2016 which was approved by the Supreme Court in "Ashish Ranjan & Ors. Vs. Union of India and others", the Writ Petition was dismissed. How the Writ Court has gone wrong, is the issue raised in the instant Letters Patent Appeal.

(2.) Before adverting to the rival contentions, necessary facts of the case are summerised hereunder;

(3.) Assailing the impugned order dated 04.07.2016 passed by the Writ Court, Mr. Abhishek Kumar Dubey, the learned counsel for the petitioner submits that the Writ Court has completely overlooked the circumstances under which the petitioner was directed to join the course on 31.05.2016 itself. The learned counsel contends that for no fault of the petitioner, if the cutoff date is used as a weapon to deny her admission, it would completely ruin her professional career; merit of the petitioner stands admitted and reflected in communication dated 31.05.2016 from the Institute. Mr. Dubey, in support of his contention, has relied upon a decision of the Supreme Court in case "Asha versus PT. B.D. Sharma University of Health Sciences and Others" reported in (2012) 7 SCC 389 and drawn the attention of the Court to para 32 of the said judgment. He also relied upon a judgment of the Orissa High Court in case "Snehlata Jagati versus Convenor, PG (Medical/Dental) Selection Committee, Odisha & Others" rendered in W.P.(C) No.20557 of 2013 in which the view taken by the High Court was subsequently affirmed by the Hon'ble Supreme Court in S.L.P (Civil) . No. 37499 of 2013 vide order dated 03.01.2014 [Photostat copies produced and attached at the proper place].