Dismissed

Dr. Pooja Kiran Hatti v. Union of India, through Secretary, Dept of Health and Family Welfare and Ors.

Bombay HC16 Jul 2013WP/5226/2013

Case brief

AI extract

What is this about?

Writ petition by a medical graduate seeking extension of the internship cut-off date for NEET-PG eligibility. The bench dismissed the petition, holding the cut-off date is not arbitratory and extension would prejudice other applicants.

What did the court decide?

Direction to extend the internship cut-off date by two months sought but refused; petition dismissed.

Dr. Pooja Kiran Hatti Vs Union of India… — Pension and Retirement Benefits | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 5226 OF 2013

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Dr.Pooja Kiran Hatti vs

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Union of India & Ors.

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..Petitioner

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..Respondents

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Ms.Pooja V. Thorat for the Petitioner. Ms.Neeta V. Masurkar with Mr.Parag Vyas for the Respondent – Union of India.

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CORAM : DR.D.Y.CHANDRACHUD, AND S.C. GUPTE, JJ.

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16 JULY 2013.

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P.C. :

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The Petitioner seeks admission to the Post Graduate medical course having completed her MBBS Degree. In September 2012, Rules were notified by the National Board of Examinations for the National Eligibility-cumEntrance Test (NEET) for Post Graduate courses in relation to the 2013 admission session. Rule 3 which prescribed the eligibility criteria stipulated that candidates ought to have completed their internship on or before 31 March 2013. Rule 3.3 provides as follows :

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“3.3 Request for appearing in NEET-PG from candidates completing internship after 31^st March 2013 or having qualifications that are not recognized shall be summarily rejected. Candidates are further advised not to canvass for the same.

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Candidate who are completing their internship after 31^st March 2013 or likely to complete after 31 March 2013 need not apply in the NEET-PG exam as they shall be ineligible to participate at any stage of the admission process.”

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2 Admittedly, the Petitioner has not completed the internship before the cut-off date. The Petitioner seeks a direction of the court for setting aside the cut-off date, and directions to the effect that the cut-off date should be extended by a further period of two months so as to render the Petitioner eligible on the basis of her performance in the NEET-PG.

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3 Having heard the learned Counsel, we are of the view that no such direction can be granted. There is nothing arbitratory in the National Board of Examinations prescribing as part of the eligibility criteria for the Post Graduate Entrance Examination, that a candidate ought to have completed the internship by 31 March 2013. The Rules were notified in September 2012, the Examination was held in November 2012 and the results were declared in May 2013.The declaration of the results took place later on, but that cannot be a ground to extend the cut-off date for the completion of internship. Besides, other candidates who would have been completing their internship after 31 March 2013 may not have applied in the NEET since they were not eligible. In the circumstances, no case for interference has been made out.

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4 The Petition is accordingly dismissed.

Dr. Pooja Kiran Hatti v. Union of India, through Secretary, Dept of Health and Family Welfare and Ors.

Case brief

What is this about?

What did the court decide?

Dr. Pooja Kiran Hatti v. Union of India, through Secretary, Dept of Health and Family Welfare and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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