The Delhi High Court on Monday termed as arbitrary and irrational a clause in the AIIMS prospectus that denied a student admission in the Master of Dental Surgery (MDS) course,despite a higher-ranked candidate opting out.
The courts decision came on the plea of Dinesh Kumar Chopra,a Bachelor of Dental Surgery (BDS) from a Delhi-based college. He claimed that he was ranked sixth in the entrance examination held in July for five general seats in the MDS course.
A seat became vacant when one of the selected candidates,ranked fourth,dropped out and joined dome other institute.
Despite the vacancy,Chopra said he was denied admission and AIIMS carried forward the seat to the next academic session. It said a rule in its prospectus says any vacant seat would be notified in the next session as it cannot compromise with talent.
The clause in the prospectus says: The candidates who opt confirmed PG seats in the 1st counselling or 2nd counselling or joined in July 2012 session and leave the PG seat,the same will be notified in the next session.
This forced Chopra to move the High Court,which ruled that sixth-ranked student should be admitted.
We find the clause in the prospectus of AIIMS to be arbitrary and irrational. We direct AIIMS,subject to the petitioner satisfying other criteria,to admit the petitioner who admittedly is the next rank holder to the said course, a bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw said.
The bench clarified that it would be open for AIIMS in the future to prescribe that the admission would not be granted to a student below a particular rank even if seats were available.