All India Institute of Medical Sciences & Anr v. Ashutosh Kumar & Ors

SANJEEV NARULA, J SEPTEMBER 15, 2023

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 15.09.2023 % LPA 634/2023 & CM APPL. 47822-47824/2023 ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ANR. ..... Appellant Through: Mr. Anand Varma, Ms. Apoorva Pandey, Mr Ayush Gupta, Advocates. versus ASHUTOSH KUMAR & ORS. ..... Respondents Through: Mr. Rajiv Kr. Virmani, Ms. Swati Bhardwaj and Mr. Mahendra Vikram Singh, Advocates for respondent No.1. Mr. Santosh Kr. Tripathi, SC, GNCTD with Mr. Karn Bhardwaj, Advocates for respondents No.2 & 3. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJEEV NARULA SATISH CHANDRA SHARMA, CJ. (ORAL) 1. The instant LPA has been filed challenging order dated 06.09.2023 passed in C.M. Application 45388/2023 in W.P.(C) 11635/2023 ("Impugned Order"), whereby the learned Single Judge has granted interim relief in the favour of the Petitioner-therein ("Respondent No. 1" or "Applicant"), and allowed provisional admission to the super-specialty course of MD (Hospital Administration) at the All India Institute of Medical Sciences ("AIIMS" or "Appellant Institute"), subject to the final outcome of the writ petition. 2. The facts leading to the filing of the instant appeal are, that AIIMS issued an admission notice bearing No. 71/2023 dated 22.03.2023, inviting online applications for the Institute of National Importance Super Speciality Entrance Test ("INI-SS") for DM, M.Ch. and MD Hospital Administration courses for the July 2023 session ("AIIMS Admission Notice"). The Applicant, applied for admission to the aforesaid courses. The Appellant Institute vide result notification No. 69/2023 dated 05.05.2023, result notification No. 70/2023 dated 09.05.2023 and result notification No. 80/2023 dated 29.05.2023 (collectively referred to as "Provisional Result Notifications") issued a list of provisionally eligible/qualified candidates for online institute allocation/admission at the AIIMS. As per the said Result Notifications, the Applicant was considered to be qualified for a seat in the MD (Hospital Administration) programme offered by the Appellant Institute. 3. Thereafter, the Appellant Institute issued Notice No. 147/2023 dated 03.08.2023 notifying the schedule of open round for Institute allocation against the applied subject for the July 2023 session. The Applicant states that he deposited an amount of Rs. 3 lakhs and participated in all the counselling rounds held on 09.06.2023 ("First Counselling"), 11.07.2023 ("Second Counselling"), 25.07.2023 ("Third Counselling") and 24.08.2023 ("Open Counselling") as required. The Applicant in the underlying writ petition states that he was allotted a seat for the MD (Hospital Administration) program vide office letter No. F.AIIMS/EXAM.SEC./4-12/(INI-SS-JULY-2023)/2023 dated 24.08.2023 ("Allotment Letter") based on the results of the Open Counselling, however, it is stated that he was granted only three working days i.e. 25.08.2023, 28.08.2023 and 29.08.2023 for joining AIIMS. 4. At the time of applying for admission, the Applicant was working as Medical Officer with the Government of NCT of Delhi ("GNCTD" or "Respondent No. 3"). The Applicant in the underlying writ petition states that being a Government Employee, he sought a No Objection Certificate ("NOC") and a study leave for three years from Respondent No. 3 after clearing INI-SS and being allotted a seat for MD (Hospital Administration) program at AIIMS. The Applicant also addressed a communication to AIIMS on 28.08.2023 requesting for extension of time in joining the course. On 29.08.2023, the Applicant states that he sought admission at AIIMS on provisional basis as he was unable to obtain NOC due to various administrative hurdles faced by him which were beyond his control, however his request was not granted. Aggrieved with the same, the Applicant approached this Court by way of the underlying writ petition. 5. The learned Single Judge, after hearing the parties, passed an interim order on 06.09.2023 wherein he observed as under: "7.