L.A. MEENA Vs. NATIONAL BOARD OF EXAMINATIONS

JUDGEMENT

(1.) The petitioner states that she has completed MBBS in the month of April 2007 and got herself registered at Karnataka Medical Council on 30.05.2007. She submitted her application for Diplomat National Board (DNB) and appeared for common entrance test held by the first respondent on 14.12.2008 and she got admitted to DNB training in the Department of Radio Diagnosis Course at Sagar Hospitals for the academic year 2009-2010. She has reported for the same on 1.8.2009. The DNB course itself is of three years commencing from 1.8.2009 and it completed in the month of August 2012. Learned counsel for the petitioner submitted that the Diplomat National Board (for short 'DNB) course was commenced from 5.8.2009 and the date of completion of course is on 4.8.2012. Before the completion of the course, she was on leave on medical grounds and leave was sanctioned by the concerned authority i.e., the third respondent - Medical Director, Sagar Hospitals. Still she could not complete the said Course as she had applied leave on the medical grounds. Hence she requested for extension of leave before the Medical Board. Instead of considering the prayer for extension the 2nd respondent, the Assistant Director has cancelled the registration of the petitioner for the said course. Against this cancellation of the registration, the petitioner is before this Court.

(2.) During the completion of the course of DNB training the petitioner had applied for leave on medical grounds and leave was sanctioned by the 3rd respondent. She again applied leave on medical grounds for the period from 1.3.2010 to 31.3.2010 as she had conceived and she was suffering from Hyperemisis Gravidarum and the permission was also granted by the third respondent subject to grant of loss of pay to be repeated after course completion. A copy of the leave letter dated 26.12.2010 has been produced before this Court in this writ petition. It is submitted that she had to undergo MTP (Medical Termination of Pregnancy) on 21.3.2010 as it was inevitable abortion. After availing the said leave, the petitioner has joined the course but unfortunately again on 5.12.2010, she underwent MRI scanning of Pelvis with both hips and it was diagnosed as Avascular Necrosis of bilateral femoral heads with secondary Osteo Arthritis and the petitioner was advised surgery. In view of the above problem, again she has applied for one month leave and same was also granted by the third respondent. Copy of the leave sanctioned certificate has been produced as per Annexure-G. Since she could not recover from the said ailment, she once again applied for leave and the same was also sanctioned by the third respondent. The copy of the leave letter with sanction certificate is produced as per Annexure-F. It is submitted that the medical leave she had sought was on the basis of the entire medical certificates to the satisfaction of the respondent and thereafter only leave was granted. After availing the leave, she joined the course on 2.2.2011 and she underwent the training till 21.9.2011 and again she fell sick and hence was constrained to seek leave on 22.9.2011 and same was sanctioned by the third respondent saying "pay one year fee and one year course extension". Copy of the same is produced as per Annexure-J. In the meanwhile, she gave birth to a male baby on 19.1.2012. Consequently, the petitioner underwent surgery of Bilateral Total hip replacement on 20.08.2012 and 27.8.2012 and hence the sick leave was extended till 2.10.2012 and she joined the course again on 3.10.2012 and she underwent the training till 24.1.2013. Copy for having applied leave and sanction of leave is also produced before this Court. Despite the fact that petitioner has produced all these certificates and for having undergone the surgery and gave birth to a male baby on 19.1.2012, but notwithstanding the fact, the 2nd respondent has sent letter to the fourth respondent dated 18.12.2012 canceling the registration of the petitioner. The cancellation of the registration is arbitrary under Article 14 of the Constitution of India. The petitioner submits that she had already submitted her thesis to the second respondent on 31.1.2013. It is submitted that when leave is sanctioned on medical grounds, the leave sanctioned and having underwent the surgery and delivered the baby, shows that petitioner was prosecuting to complete the course. But things were beyond the control of human being. When such being the case, the cancellation of the registration is arbitrary under Article 21. He prays to set aside the cancellation and further to direct the 2nd respondent to continue the petitioner to complete the DNB course by extending the time. The impugned action is arbitrary and violation of article 14.

(3.) The petitioner relied upon the order passed by this Court in W.P.No.6064/2014 disposed of on 28.3.2014 wherein the similar circumstances had arisen. The petitioner in the said case had also availed leave on medical grounds for about 387 days. This Court while allowing the writ petition directed the respondent to accept the DNB training of the petitioner which has been completed by her in the second respondent college and announce the results of the examination conducted in June 2013 and permit the petitioner to undergo practical examination, if she has passed in theory examination. This petitioner stands on similar grounds. Hence the benefit which was granted by this Court to be extended to the petitioner also.