Court rules post-MD senior residency experience must be counted; says candidate met required 1,095 days of training for super-speciality course
New Delhi: The Delhi High Court has upheld a single bench order that set aside the cancellation of a doctor’s admission to the DM Critical Care Medicine course at All India Institute of Medical Sciences (AIIMS), dismissing the institute’s appeal against the decision.
A division bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia ruled that the doctor’s post-MD senior residency experience must be counted while calculating the required training period for eligibility to the super-speciality programme.
Court Finds Candidate Met Required Training Period
The bench observed that the respondent had completed 1,026 days of training during his MD course and later gained 96 days of senior residency experience after obtaining the MD degree.
“The respondent was eligible for admission to the super-speciality course as he had completed 1,026 days of training during his MD course and subsequently gained 96 days of senior residency experience after obtaining the MD degree. Together, this amounted to 1,122 days of experience, which exceeds the 1,095 days required under Clause 4.3.2 of the prospectus,” the court said.
Doctor Secured AIR 4 in INI-SS Exam
The case was filed by a doctor who secured All India Rank 4 in the Institute of National Importance Super-Speciality (INI-SS) January 2026 examination.
He completed his MD (Anaesthesiology) residency across three institutions due to counselling reshuffles during the COVID-19 pandemic, including GCS Medical College, Pramukhswami Medical College, and AMC MET Medical College. His cumulative residency training exceeded the required 1,095 days and was certified by Gujarat University.
However, AIIMS cancelled his candidature at the final stage, arguing that he had completed only 1,026 days of training at GCS Medical College between May 2, 2022 and February 21, 2025, which was short of the mandatory 1,095-day requirement.
Single Bench Earlier Quashed Admission Cancellation
Earlier, a single bench of the High Court had ruled that eligibility conditions in the prospectus must be “clear, explicit and uniformly applicable” and cannot be altered through later interpretation by institutions.
The court noted that Clause 4.3.2 of the INI-SS prospectus requires candidates to complete three years (1,095 days) of training by the cut-off date but does not specify that the training must be completed in a single institution.
AIIMS Argued Only Degree-Granting Institute Experience Counts
Challenging the order, AIIMS argued before the division bench that only the training completed at the institution awarding the MD degree should be considered for eligibility.
According to the institute, the training periods of 15 days at Pramukhswami Medical College and 54 days at AMC MET Medical College could not be counted since the doctor did not complete his MD course there.
AIIMS also contended that academic policy matters and interpretation of prospectus conditions should be left to expert bodies.
National Medical Commission Supported AIIMS Stand
The National Medical Commission supported AIIMS’ argument, stating that the Post-Graduate Medical Education Regulations (PGMER) 2023 prescribe a three-year postgraduate training duration equivalent to 1,095 days.
According to the regulator, eligibility criteria framed by experts should not normally be interfered with by courts.
Court Allows Counting of Post-MD Experience
While acknowledging that academic policies should largely be left to experts, the division bench noted that AIIMS itself had accepted in earlier cases that post-MD residency experience could be considered.
The court observed that since the doctor had completed 96 days of senior residency after obtaining his MD degree, those days must be counted while determining eligibility.
It also noted that the candidate had disclosed all details truthfully in his application and was never declared ineligible during earlier stages of the admission process.
Cancellation After Seat Allotment Questioned
The court pointed out that AIIMS raised the issue of ineligibility only after the doctor had already been allotted a seat in the DM Critical Care Medicine programme and reported for joining.
Such discrepancies in admission processes had been noticed in previous cases as well, the bench said.
Finding no reason to interfere with the earlier judgment, the division bench dismissed AIIMS’ appeal and directed that the 96 days of post-MD senior residency experience be counted while determining the candidate’s eligibility for admission to the super-speciality course.
