Case BriefsSupreme Court

Supreme Court: The bench of Indira Banerjee and MR Shah, JJ has directed AIIMS to postpone the Institute of National Importance Combined Admission Test (INI CET) examination by at least a month, after doctors with an MBBS degree, aspiring for admission to the Post Graduate courses for the July 2021 session in the units of AIIMS (All India Institute of Medical Sciences), PGIMER Chandigarh, JIPMER Puducherry and NIMHANS Bengaluru filed a petition calling AIIMS’ decision to conduct INI CET 2021 on 16th June, 2021, hasty.

It was argued,

“… the hasty decision taken by AIIMS to conduct INI CET 2021 on 16th June, 2021 has seriously prejudiced innumerable aspirants for admission to Post Graduate courses of the institutions of national importance, who are serving in Covid hospitals in various parts of the country. Many of them have been rendering services at Covid Centres located far away from the examination centres for which they have opted.”

The INI CET is being conducted to fill up 850 MD and MS seats in 6 units of AIIMS, PGIMER Chandigarh, JIPMER Puducherry and NIMHANS Bengalure. As per submissions before the Court, about 80,000 doctors with the MBBS degree are expected to take the INI CET. Post Graduate courses of medical colleges, other than those mentioned above are through the NEET-PG, which has been postponed beyond 31st August, 2021.

In such circumstances, it was argued, that,

“It would be extremely difficult, if not virtually impossible for many candidates for the INI CET to reach their examination centres from their places of duty. Many of the doctors are exposed to and are running the risk of contracting Covid 19 and they may have to isolate and/or quarantine themselves. Even otherwise holding the INICET on 16th June, 2021 will result in spread of the virus and increase in Covid 19 cases.”

Hence, considering the current scenario and the prayers by the doctors, the Court was of the opinion that the fixing of the INI CET on 16.06.2021 is arbitrary and discriminatory, more so since other important examinations including Joint Entrance Examinations, Board Examinations etc. have been postponed.

The Court, hence, directed that the INI CET be postponed by at least a month from 16th June, 2021.

[Poulami Mondal v. AIIMS, 2021 SCC OnLine SC 424, order dated 11.06.2021]

For Petitioner(s): Mr. Sanjay R. Hegde, Sr. Adv.

Mr. Arvind P Datar, Sr. Adv.

Ms. Sonia Mathur, Sr. Adv.

Ms. Pallavi Pratap, AOR

M/S. Dharmaprabhas Law Associates, AOR

Dr. Charu Mathur, AOR

Mr. Chandrashekhar A. Chakalabbi, Adv.

Mr. Awanish Kumar, Adv.

Mr. Shiv Kumar Pandey, adv.

Mr. Anshul Rai, Adv.

Mr. Shikha Bharadwaj, Adv.

Mr. Abhinav Garg, Adv.

Mr. Sanjay Kumar Dubey, Adv

Ms. Tanvi Dubey, Adv.

Mr. Puneet Pathak, Adv.

For Respondent(s): Mr. Dushyant Parashar, AOR

Case BriefsHigh Courts

Uttaranchal High Court: Manoj Kumar Tiwari, J., decided a petition which was filed by the petitioner challenging the order dated 17-04-2021 passed by Dean (Academics), AIIMS, Rishikesh wherein petitioner’s representation, made pursuant to the order of this Court passed in WPMS No.794 of 2021, had been rejected.

Petitioner had applied for admission in PG Diploma Course, pursuant to a notification issued by AIIMS Rishikesh in the month of August, 2020 sand election for admission to said PG Diploma course was to be made through a competitive examination. He was one of the 13 candidates shortlisted for the interview; he appeared in the interview but was not given admission. There were 05 seats available in the said course namely, PG Diploma in Respiratory Medicine, but only 04 seats were filled and since petitioner was the 5th candidate in order of merit, therefore, he had filed the writ petition which was disposed of by order dated 01-04-2021 with liberty to the petitioner to make a representation and the Competent Authority in AIIMS, Rishikesh was directed to take decision thereupon within a period of two weeks. Dean (Academics), AIIMS, Rishikesh had rejected petitioner’s representation vide order dated 17-04-2021 thus the instant petition was filed.

The Court observed that out of the 13 short-listed candidates, only 12 appeared for interview and out of those 12 candidates, 04 were given admission in PG Diploma (Respiratory Medicine) and 1 seat was still lying vacant and it was also an admitted position that the petitioner stands 5th in order of merit in the selection for admission to the aforesaid course. The petitioner was not given on the ground that he had scored only 17.47 percentile in the selection process but the Court observed that the impugned order is silent as to whether there was any condition regarding cut-off marks stipulated before commencement of selection process and in this situation the admission cannot be denied.

The Court set aside the impugned order dated 17-04-2021 and directed the Dean (Academics), AIIMS, Rishikesh to reconsider petitioner’s representation on merits and pass a speaking order in accordance with law.

[Laxman Singh Brijwal v. Union of India, 2021 SCC OnLine Utt 485, decided on 19-05-2021]

Suchita Shukla, Editorial Assistant has put this report together 

Counsel for the petitioner: Mr Pankaj Tangwan

Counsel for the respondents: Mr Rakesh Thapliyal, Assistant Solicitor General assisted by Mr Lalit Sharma

COVID 19Hot Off The PressNews

Home Minister Amit Shah said the Modi Government is committed to check the COVID-19 spread in Delhi and keep the national capital safe. In a meeting with the Chief Minister Shri Arvind Kejriwal besides senior officers, several important decisions were taken to ensure safety of the citizens of Delhi against infection.

In view of the scarcity of beds for Corona patients in Delhi hospitals, the Central Government has decided to immediately provide 500 converted rail coaches to the Delhi Government. With this, 8,000 more beds will be available in Delhi and these will be equipped with all facilities in the treatment of COVID-19 patients.

The Union Home Minister said house-to-house health surveys will be conducted in Containment Zones in the capital to improve Contact Mapping, and the survey report will be available within a week. For effective monitoring all residents will be asked to download Aarogya Setu app on their mobile phones.

The Home Minister said COVID-19 testing will be doubled within the next two days and trebled after six days in order to check the Corona virus spread in Delhi. Besides, in the Containment Zones, testing facility will be made available in each Polling Station.

For effective transmission of guidelines and information regarding Coronavirus to clinics and minor hospitals in Delhi, it has been decided to constitute a Committee of Senior doctors in AIIMS so that the Best Practices in the fight against Corona are communicated to the lowest level. A Helpline Number on telephonic guidance will be set up and released.

A Committee has been constituted under the chairmanship of Dr. VK Paul, Member NITI Aayog to ensure the availability of 60% of their Corona beds by private hospitals at lower rates and fix the rate of Corona testing and treatment. The Committee will submit its report by tomorrow.

The Home Minister underlined the country’s resolve in tackling the Corona pandemic with vigour and strength and shares the pain of the families who have lost their dear ones. He said the Government has decided to issue fresh guidelines regarding the last rites of the deceased, which will reduce the waiting time.

Shri Amit Shah said the nation is fighting this global outbreak with alertness and cooperation of all under the leadership of the Prime Minister Shri Narendra Modi. The country is also sincerely indebted to several NGOs for their exemplary devotion during this crisis. In this effort, the Government has decided to enroll the services of Scouts & Guides, NCC, NSS and other voluntary organizations as volunteers, with Health Services. Central Government has decided to depute five more Senior Officers to the Delhi Government in order to effectively fight the Corona virus.

Several other decisions were also taken during today’s meeting. A joint team of doctors of the Health Departments of Government of India and Delhi Government, AIIMS and all three Municipal Corporations of Delhi will visit all Corona Hospitals in Delhi and submit a report after inspecting the Health Infrastructure and preparedness for treatment of COVID-19 patients.

Shri Shah issued directions to ensure that the various decisions taken today are implemented at the ground level by the Health and other Departments of Central and Delhi Governments and experts.

Government of India assured the Delhi Government that it shall provide all necessary resources including Oxygen cylinders, Ventilators and Pulse Oximeters.

Ministry of Home Affairs

[Press Release dt. 14-06-2020]

[Source: PIB]  

COVID 19Hot Off The PressNews

With deep sorrow, it is to inform that on Saturday, May 2nd, 2020 , Judicial Member, Lokpal of India, Justice Ajay Kumar Tripathi passed away at AIIMS, New Delhi. He was infected with Corona virus and was admitted to AIIMS on 2nd April, 2020 after having breathing problems.

Late Justice Ajay Kumar Tripathi was born on 12th November, 1957. He did his graduation in Economics (Hon.) from Shri Ram College of Commerce and studied law at Campus law Centre, Delhi University. He started practice of law at Patna High Court and was elevated as an Additional Judge Patna High Court on 9th October, 2006 and took oath as Permanent Judge of the High Court on 21st November, 2007. He was sworn in as the Chief Justice of Chhattisgarh High Court on 7th July, 2018.

 On 27th March, 2019 Justice Tripathi took oath as a Judicial Member of Lokpal of India. He played an important role in setting up the Institution of Lokpal of India with his innovative ideas and inputs.

Lokpal of India family is saddened with this loss. May the departed soul rest in peace and may God grant strength to the bereaved family to come out of this great loss.

Ministry of Personnel, Public Grievances & Pensions

[Press Release dt. 03-05-2020]

[Source: PIB]

Case BriefsCOVID 19High Courts

Delhi High Court: Pratibha M. Singh, J. addressed a petition wherein an 18 month old girl was suffering a rare disease called ‘Gaucher’ and her family could not bear with the expenses of the treatment.

The petition was filed by the father of the an 18 month old girl suffering from a rare disease wherein he sought funds for her treatment.

Government of India had come out with a National Policy for Treatment of Rare Diseases in the year 2018 which was scrapped and draft policy document for rare disease was released on 13-01-2020. However same has not come into effect yet.

Petitioner’s Counsel submitted that the monthly cost of the treatment amounts to Rs 3.5 lakhs and as the expense for the treatment is quite steep the same cannot be afforded by the petitioner’s family.

Court held that considering the age of the child, it is deemed appropriate to direct the respondent 3 — AIIMS to start the treatment of the petitioner without charging anything from the petitioner.

Further the Bench asked the copy of the order to be communicated to Medical Superintendent AIIMS as well as Director, AIIMS with request to commence the treatment of petitioner immediately also to the Ministry of Health and Family Welfare.

Union of India is also directed to file an affidavit with regard to the Government’s current policy on rare diseases.

Petition has been listed for 17-04-2020. [Alishba Khan v. Union of India, 2020 SCC OnLine Del 485, decided on 23-03-2020]