Delhi HC Directs AIIMS to Add one Cardiology Seat for Meritorious Candidate

A Doctor of Medicine (DM) seat for cardiology was denied to a doctor. The Delhi High Court directed AIIMS to correct this as it was against the principle of merit-based selection
The Delhi High Court directs AIIMS to add a DM Cardiology seat in PGIMER, Chandigarh
The Delhi High Court directs AIIMS to add a DM Cardiology seat in PGIMER, ChandigarhPixabay
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The Institute of National Importance Super- Specialty Entrance Test (INI-SS Entrance Test) is conducted by AIIMS for admission into post-doctoral courses at 11 institutes, including Post Graduate Institute of Medical Education & Research, Chandigarh (PGIMER). The Prospectus of the INI-SS Entrance Test, July 2024 session, stated that any vacant seat would be carried forward for the next session.

In February this year, Dr. Diego Mario P Thubru resigned from his post in the cardiology department at PGIMER, Chandigarh resulting in a vacant seat.

The Case Proceedings

The petitioner, Dr. Chinmay Ankleshwaria, wanted to take this opportunity to get admission into the vacancy. Still, he was denied this chance, prompting him to move to the Delhi High Court. Dr. Ankleshwaria was represented by advocates Tishampati Sen, Riddhi Sancheti, Anurag Anand, Mukul Kulhari, and Dhawal Desai.

AIIMS, New Delhi issued a notice in February, requesting the participating institutes of the INI-SS Entrance Exam to conduct a stray vacancy round for any vacant seats. Subsequently, it also asked them to inform about any vacant seats to be carried forward to the July 2024 session. On 20th March 2024, AIIMS sent another email asking the participating institutes to verify the number of seats to be published.

Dr. Diego Mario P. Thubru's resignation created a vacancy in the Cardiology Department of PGIMER in February itself. PGIMER reported this vacancy to AIIMS in May 2024 which was not accommodated by AIIMS in the final seat matrix due to the delay.

The Delhi High Court noted that the exclusion of an additional vacant cardiology seat by AIIMS was simply due to the delayed communication from PGIMER.

Dr Ankleshwaria secured the sixth rank in the AIIMS merit list, which was just one rank away from getting admission to PGIMER, Chandigarh. This prompted the petitioner to move the HC for justice. The other candidates on the merit list had already joined their courses but the two-month unexplained delay in communication by PGIMER had caused this deserving candidate to suffer.

The Court observed that the petitioner was unable to get the vacant seat solely due to administrative fault. The inefficiency of the administration was unfair to the candidate and against the public health interests as well.

The Delhi Court observed that denying a DM Cardiology seat to a candidate due to administrative fault and inefficiency would be unjust.
The Delhi Court observed that denying a DM Cardiology seat to a candidate due to administrative fault and inefficiency would be unjust.Pixabay
Denying the petitioner this opportunity due to administrative inefficiency would be unjust and contrary to the principles of fair competition and merit-based selection....the Courts must ensure, through their decisions, that a meritorious candidate does not suffer injustice due to no fault of his or her own
The Delhi High Court
Summary

The Court finally directed AIIMS, New Delhi to add an additional seat and grant the petitioner admission to the DM Cardiology course in PGIMER, Chandigarh for the July 2024 Session. It also observed leaving a seat vacant due to the institute’s (PGIMER) delay would harm the general public who rely on these hospitals for treatment, especially in such a critical department of cardiology.

(Input from various sources)

(Rehash/Dr. Shreya Dave/MSM)

The Delhi High Court directs AIIMS to add a DM Cardiology seat in PGIMER, Chandigarh
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