Court rules administrative guidelines cannot override statutory provisions, allowing grace period for certification.
In a significant ruling, the Rajasthan High Court has quashed the denial of admission to Dr. Parnika Sharma, who was refused entry into a postgraduate medical course due to the absence of a Permanent Registration Certificate at the time of reporting. The court emphasized that statutory regulations allow candidates a grace period of one month from the date of admission to obtain such registration, thereby rendering the denial as arbitrary and unsustainable.
Presiding over the case, Justice Dr. Nupur Bhati highlighted the supremacy of statutory provisions over administrative guidelines. The court pointed out that Regulation 8(3) of the Post Graduate Medical Education Regulations, 2000, permits candidates to secure permanent registration within one month post-admission. Dr. Sharma, who had already been issued a provisional registration and was serving as a Medical Officer, was in the process of obtaining her permanent registration, which was later granted during the pendency of the writ petition.
The court criticized the reliance on the NEET-PG 2025 Information Bulletin by the respondents, which required possession of the registration certificate at the time of admission. It reiterated the legal principle that administrative instructions cannot supplant statutory regulations. The ruling underscores the importance of adhering to statutory frameworks, ensuring that meritorious candidates are not unduly penalized due to administrative discrepancies.
In light of this decision, the court has directed the respondents to admit Dr. Sharma to the M.D. (Anesthesiology) course at Dr. S.N. Medical College, Jodhpur, within seven days. This judgment affirms the legal protection extended to candidates under statutory provisions, reinforcing the need for administrative compliance with established legal norms.
Bottom Line:
Admission to postgraduate medical courses cannot be denied solely on the ground of non-production of a Permanent Registration Certificate at the time of reporting, as Regulation 8(3) of the Post Graduate Medical Education Regulations, 2000, allows candidates to obtain such registration within one month from the date of admission.
Statutory provision(s): National Medical Commission Notification dated 29.12.2023, Post Graduate Medical Education Regulations, 2000 - Regulation 8(3), NEET-PG 2025 Information Bulletin - Clause 4.6
Dr. Parnika Sharma v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2875847
