DIVYESH J. PATHAK Vs. NATIONAL BOARD OF EXAMINATIONS

JUDGEMENT

(1.) The petitioners are resident doctors pursuing their third/final year of the Diplomate of National Board (for short, 'DNB') from various hospitals and institutions across the country. The National Board of Examinations (for short, 'NBE'), the respondent No.1 herein, is an autonomous body under the Ministry of Health and Family Welfare, Government of India, established in 1975 to standardize and regulate post-graduate medical education and examination in India. NBE/respondent No.1 conducts competitive examinations for admission to various super-speciality and fellowship courses offered by it through various NBE accredited institutions throughout India. The Union of India through Ministry of Health and Family Welfare is the respondent No.2.

(2.) On 04.04.2020, NBE/respondent No.1 issued a 'Public Notice' whereby the training period of all the DNB students, whose tenures were to end between 01.04.2020 and 30.06.2020 (both days inclusive), was extended by a period of six weeks and until further notice. Aggrieved thereby, the petitioners have filed the present petition with inter alia the following prayers:

(3.) Mr. Sahil Tagotra, learned counsel for the petitioners submitted that the Public Notice issued by NBE/respondent No.1 was unenforceable and was liable to be struck down for various reasons, as set out in the petition. According to him, NBE/respondent No.1 had no powers vested in it to vary the training period of the petitioners. Further, there was discrimination between the first year and second year trainee doctors and the final year trainee doctors, such as the petitioners herein, inasmuch as the training period has been extended only for the latter. Learned counsel submitted that the petitioners had joined the DNB course as per the Information Bulletin published in the year 2017 and the training period could be extended only when a candidate made a specific request to NBE/respondent No.1 due to medical or other unavoidable circumstances. The training of the petitioners would have ended on different dates starting from 01.04.2020 till 30.06.2020 and the training period could not have been extended by six weeks thereafter in the absence of any power vested with NBE/respondent No.1 to do so. Moreover, the Public Notice issued on 04.04.2020 could have no retrospective effect as some of the petitioners had completed their training before it was issued, i.e. on 1st, 2nd and 3rd April, 2020.