102+206 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CM-12772-CWP-2025; CM-12773-CWP-2025 in/and CWP-23072-2025 Date of Decision: 11.09.2025 DR PRIYESH SHARMA ...PETITIONER Vs POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH AND OTHERS ...RESPONDENTS CORAM:- HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON’BLE MRS. JUSTICE RAMESH KUMARI Present:- Mr. Neeraj K. Shashwat, Advocate and Dr. Vikas Kumar, Advocate for the petitioner. Mr. Sudhir Nar, Senior Panel Counsel for respondents No.1, 2 and 5. Mr. Pranav Chadha, Additional AG, Himachal Pradesh for respondent No.4. **** ASHWANI KUMAR MISHRA, J. (ORAL) CM-12772-CWP-2025 Allowed, subject to all just exception(s). CM-12773-CWP-2025 This application under Section 151 CPC has been filed on behalf of respondents No.1, 2 and 5 for placing on record the short reply filed on behalf of the said respondents. For the reasons mentioned in the application, the same is allowed. The short reply filed on behalf of respondents No.1, 2 and 5 is taken on record. Main Case RAHUL JOSHI 2025.09.16 08:57 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD CWP-23072-2025 2 1. The petitioner, in the instant writ petition, has sought a direction from this Court against respondent No.1-Post Graduate Institute of Medical Education and Research, Chandigarh (for short, ‘PGIMER, Chandigarh’) to admit him to DM Cardiology course for the ensuing Academic Session as per his legitimate allocation vide result Notification No.95/2025 dated 23.06.2025. 2. All India Institute of Medical Sciences, New Delhi (for short, ‘AIIMS’) has initiated the process of admission to DM/M.Ch. Courses for the July, 2025 Session vide prospectus which is appended with the instant writ petition as Annexure P-1. 3. The prospectus contains important dates for admission. On the very first page, it prescribes that 31.08.2025 would be the last date for fulfillment of eligibility for admission to the Course. Our attention has been invited to Clause 4.3.2 of the prospectus as per which the candidate seeking admission as a sponsored candidate would be required to complete three years’ tenure, qualification or degree by 31.07.2025. 4. Clause 4.3.2 of the prospectus reads as under:- “4.3.2 The candidates must have completed the requisite qualification, degree and tenure by 31.07.2025. The candidates who are likely to complete their “3 years (365 x 3) =1095 Days” tenure, qualification or degree after 31.07.2025 will not be eligible to appear in this examination.” 5. The petitioner not only applied for admission but he was ultimately selected for admission in DM Course. The result was notified on 02.07.2025. An offer letter has also been issued to the petitioner by RAHUL JOSHI 2025.09.16 08:57 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD CWP-23072-2025 3 AIIMS on 23.07.2025. By this offer letter, the petitioner was informed that he has been allocated PGIMER, Chandigarh for pursing Cardiology as a super-specialty course. 6. The petitioner reported for joining but apparently has not been allowed to do so whereafter he has approached this Court. 7. When the matter was taken up, learned counsel for PGIMER, Chandigarh invited our attention to the Brochure which dealt with sponsored/deputing candidates. Clause-A of the Brochure in respect of sponsored/deputing candidates reads as under:- “(a) That the candidate concerned shall be a regular/permanent employee of the deputing/sponsoring authority and should have been continually working for three years (on or before 30th June/31st December for July & January session respectively).” 8. It was, therefore, contended that since the petitioner is to complete his three years’ experience on 25.07.2025, which is after the cut-off date fixed as 30.07.2025, therefore, he has been denied admission arbitrarily. 9. Learned counsel for the petitioner contended that last date for admission is 31.08.2025 and the eligibility in respect of all other candidates has been determined as on 31.07.2025, and there is no justification for carving out different date for sponsored candidates inasmuch as neither there is any rationale for carving out two separate dates of eligibility for admission to the same course nor any object is sought to be served in the process. 10. Taking note of such contention, we passed the following RAHUL JOSHI 2025.09.16 08:57 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD CWP-23072-2025 4 order on 03.09.2025:- “The process of admission has been initiated by the AIIMS, wherein the eligibility conditions in the form of experience of three years working was to be secured by 31.07.2025. Pursuant to the process initiated by the AIIMS, the petitioner’s case has not been considered by the PGI, Chandigarh only because the working of three years had to be secured by 30.06.2025 as per the brochure issued by the PGI, Chandigarh. Learned counsel representing the PGI, Chandigarh states that though the brochure issued by the PGI mentions that qualification including three years requisite experience has to be secured till 30.07.2025 but such benefit cannot be given to the petitioner because he is a sponsored candidate and for him the last date for determining the eligibility is 30.06.2025. In the facts of the present case, we find no prima-facie justification for having two different dates for admission i.e. one for sponsored candidates and the other for general candidates. Learned counsel for PGI, Chandigarh prays and is allowed a week time to clarify the rational of having two different dates in the same admission process. Adjourned to 11.09.2025. ” 11. Learned counsel for the first respondent, with reference to his short affidavit filed in the matter, submits that the Brochure in respect RAHUL JOSHI 2025.09.16 08:57 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD CWP-23072-2025 5 of sponsored candidate clearly indicates the eligibility to be viewed with respect to 30.06.2025 and since on that date, three years’ experience was not complete for the petitioner, therefore, denial of admission to him is valid. 12. In addition, learned counsel for the first respondent has placed before the Court Minutes of Meeting conducted by AIIMS, wherein the schedule for the course is fixed pursuant to the orders of the Supreme Court in Ashish Ranjan v. Union of India, 2016 (11) SCC 225. 13. Our attention has been invited to Clause 7 of the Minutes of Meeting, which is reproduced:- “7. The last date of eligibility and for admission to these courses was extensively discussed. It was noted that two different patterns are currently followed. AIIMS allows eligibility till 31st January of the same year for the January batch and 31st July of the same year for the July batch, respectively while other INIs set the last dates as 31st December and 30th June respectively. It was discussed that having a uniform last date both for the INI-SS and INI-CET exams would be ideal to avoid complications in the admission and joining process. AIIMS New Delhi pointed out that its dates were based on the Supreme court judgement in the Ashish Ranjan case (2017). It was thus agreed that the last date to fulfil the eligibility criteria for admission would be 31st January of the same year for the January batch and 31st July of the same year for the July batch, respectively, for all INIs except PGI Chandigarh which requested some more time to deliberate on this issue internally. The courses would begin on 1st January and 1st RAHUL JOSHI 2025.09.16 08:57 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD CWP-23072-2025 6 July of the respective years as per the current pattern. The last date for admission of candidates to these courses would be 28th February and 31st August respectively.” 14. In Ashish Ranjan (supra), the Supreme Court dealt with schedule of academic sessions in PG Courses and specified the schedule with reference to specific dates. In respect of PG (Super-Specialty Medical Courses), the schedule fixed by the Supreme Court is as under:- “Time Schedule for Completion of Admission Process for PG (Super Specialty Medical Courses) Sr. No. Schedule for admission Super Speciality 1. Conduct of Entrance Examination By 10th July 2. Declaration of result of the qualifying Exam/Entrance Exam By 15th July 3. 1st round of counselling admission By 31st July 4. Last date for joining the allotted college and the course Between 1st to 7th August 5. 2nd round of counselling/admission By 20th August 6. Last date of joining for the 2nd round of counselling/admission By 27th August 7. Commencement of academic session/term 1st August 8. Last date up to which students can be admitted/joined against vacancies arising due to any reason 31st August 15. The judgment of the Supreme Court laid down the Academic Schedule for Post-Graduate Courses in medical education relying upon the proposal submitted by the Nodal Agency. 16. It is undisputed that the last date of admission for the course has been fixed as 31.08.2025. The Brochure issued by the respondents themselves clearly indicates that eligibility for admission has to be completed by 31.07.2025. RAHUL JOSHI 2025.09.16 08:57 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD CWP-23072-2025 7 17. We have not been able to fathom any rationale or justification for fixing a different date of eligibility for the sponsored candidates. Once the admission is to a particular course, the eligibility ordinarily will have to be fixed uniformly for all class of applicants. Unless some justification for a different course is indicated the fixing of different dates for ascertainment of eligibility would be open to the vice of arbitrariness. 18. In the present case, though, we have confronted the respondents with this aspect of the matter, but they have not been able to show any basis for fixing a different date for ascertainment of eligibility for admission to the Super-Specialty PG Courses. 19. It is otherwise admitted that petitioner has not only applied but on the strength of his merit, he has already secured admission for the post. Once that be so, we cannot approve of the action of the respondents in denying the admission to the petitioner. Consequently, this petition succeeds and is accordingly allowed. 20. A writ of mandamus is issued to the first respondent to allow the petitioner to pursue DM Cardiology Course pursuant to her selection notified by AIIMS, New Delhi on 23.07.2025. [ASHWANI KUMAR MISHRA] JUDGE [RAMESH KUMARI] JUDGE SEPTEMBER 11th, 2025 Rahul Joshi 1. Whether Speaking/reasoned Yes/No 2. Whether Reportable Yes/No RAHUL JOSHI 2025.09.16 08:57 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD