Gaurav Nijhara v. Indira Gandhi National Open University

2. Petitioner is stated to be a practicing medical professional. As per the petition, the petitioner qualified as a Doctor of Medicine in Tuberculosis and Respiratory diseases from Delhi University on 9.5.2009. In.luly, 2011, respondent IGNOU offered distance education courses for Post Graduate Diploma in HIV Medicine and Post Doctoral Certificate in Dialysis Medicine. The eligibility requirement to apply for the said course was that a candidate should be a Doctor of Medicine (MD)/DNB in Medicine or Paediatrics. The petitioner applied to the i-espondcnls and deposited a sum of Rs.30,000/- with the respondents towards the fee. iV.P.(C) 7482/2012 Page ! qf[4] 2013:DHC:7744 Petitioner was granted admission on 28.11.2011. Since a sponsorship was offered by the Director General of Health Services, Ministry of Health and Family Welfare, Government of India, admission fee of Rs.30,000/-, deposited by the petitioner with the respondents, was refunded to the petitioner. Thereafter the petitioner received a communication dated 26.4.2012 from respondent no.2 whereby his admission was fmali/ed and further he was required to. give his consent for the programme, which was scheduled to commence from July, 2012. On 14.9.2012 an email was received by the petitioner and all other candidates to give their preference about the three Programme Study Centres out of twelve Centres. On 24.9.2012 the petitioner gave his preference, i.e. Ram Manohar Lohia Hospital, Delhi; Ganga Ram Hospital, Delhi; and R&R Hospital, Delhi. On 19.10.2012 petitioner was informed that he has been selected for PDCDM programme and also about the teleconferencing, which was scheduled on 22.11.2012. The petitioner was even provided an em'ollment number. Petitioner was also informed that his Programme Study Centre is Ganga Ram I-Iospital, Delhi. It is only on 12.11.2012 before the practical contact session could commence the petitioner was informed that his candidature for PDCDM has been rejected as he did not fulfill the eligibility criteria for admission.

3. It is the case of the petitioner that the order dated 12.11.2012 was passed by respondent no.2 v/ithout offering any opportunity of hearing and without taking into consideration the eligibility condition, as laid down in the Students Hand Book and Prospectus.

4. Learned counsel for the petitioner submits that petitioner has been actively participating in the programme since the date of his admission and in case the admission of the petitioner is cancelled at this stage, serious prejudice would be caused to his rights. W.P.\C) 7482/2012 Page[2] of[4] V

5. Learned counsel for respondents no.l and 2 submits that since the petitioner did not fulfill the eligibility criteria, as laid down in Clause 6.[3] of the Students Handbook and Prospectus, his admission, which was provisional in nature, was cancelled.

6. While, learned counsel for the petitioner submits that a bare reading of Clause 6.[3] would show that a candidate should be a Doctor of Medicine (MD)/DNB in medicine or Paediatrics, learned counsel for respondents IGNOU submits that since the petitioner is a MD in Tuberculosis and Respiratory diseases, the petitioner does not meet the eligibility criteria, as a C2indidate must be a Doctor of Medicine in Paediatrics. Counsel for the IGNOU further submits that the case of the petitioner was discussed by the Core Group, constituted by the Ministry, on 9.11.2012 and the case of the petitioner stands rejected.

7. Time was granted to the respondent to file counter affidavit. Although counter affidavit has not been filed, however, Mr.Aly Mirza, learned counsel for the respondents, has handed over in Court a copy of the minutes of the meeting dated 24.12.2012 and has relied upon paras 7 and 8 ofthe same, which are reproduced below:

(Vii) Eligibility criteria for the PDCDM Course are modified as:

The eligibility for the admission will be PG qualification in Medicine/I^aediatrics. However, if sufficient numbers of candidates do not apply, then candidates with the PG qualification in the alhed medicine like MD in TB and Respiratory diseases/MD Tropical Medicine may also be considered for admission with the approval of competent authority.

(viii) In view of the less number of candidates in the current academic year for the course, the admission of Mi-.Gaurav Nijara, a candidate having qualification of MD in IB and Respiratory disease was approved." W.I\(C) 7482/2012. Page 3 of[4] V Q

8. Mr.Mirza, learned counsel for the respondents, submits that he has received an email, dated 3.4.2013 informing him that DGHS Office has not appointed any Lawyer to defend the case and the lawyer of IGNOU should convey the decision of the DGHS.

9. Counsel for the parties submit that in view of the minutes of the meeting, no further orders are required to be passed in this matter.

10. In view of the minutes of the meeting, which have been handed over in Court today, the impugned communication dated 12.11.2012 is deemed to • have been withdrawn.

11. Writ petition and application stand disposed of G.S.SISTANI, APRIL 03,2013 msr