(1.) By this petition filed under Article 226 of the Constitution of India, the petitioner seeks directions to direct the respondent National Board of Examinations (NBE) to register the name of the petitioner in DNB programme in the stream of Neurology for the academic year 2010-11 with Indraprastha Apollo Hospital. Brief facts of the case relevant for deciding the present petition are that the petitioner herein took the DNB-CET entrance examination on 18.4.2010 and qualified the same and thus applied for admission in various colleges including the respondent Indraprastha Apollo hospital. That he appeared before the Selection Committee of the respondent hospital for admission to DNB in the stream of Neurology and was waitlisted at serial No. 1. For the one seat in the field of Neurology that was on offer in the respondent hospital, one Dr. Vipul Mittal was selected. However, as per the petitioner, Dr.Vipul conveyed his disinterest in joining the said course on 30.4.2010, which was the cut off date for admission for DNB and on the same very day the petitioner was offered the said seat by the respondent hospital by virtue of his being on the waitlist at serial No. 1 and he intimated his acceptance on the same very day. The case of the petitioner is that after 30.4.2010 he went to his hometown in Jammu to take his belongings and to arrange for the fee amount of Rs. 50,000 and thus came back and joined the said course on 5.5.2010 and then continued in the said course thereafter. The respondent hospital forwarded the registration of the petitioner for the said course to the respondent No. 1 National Board of Examinations(NBE) which was rejected on the ground of delay as the cut off date was 30.4.2010. Feeling aggrieved with the same, the petitioner has preferred the present petition claiming that he took his admission on 30.4.2010 itself and thus should be granted registration by the respondent Board.
(2.) Mr. A.D.N. Rao, Learned Counsel appearing for the petitioner submits that the petitioner had duly qualified the DNB CET (SS) 2010 and after his results, the petitioner had applied for admission in the said course of DNB at various hospitals including the Indraprastha Apollo Hospital. Counsel further submits that the interview of the petitioner was held by the Selection Committee of the Indraprastha Apollo Hospital on 28th and 29th April, 2010 and that the petitioner was placed at serial No. 1 in the waiting list and the said one seat was offered by the hospital to Dr. Vipul Mittal. It is also the case of the petitioner that on 30th April, 2010 the said selected candidate Dr. Vipul Mittal telephonically informed the hospital authorities that he was not willing to join the said programme and, therefore, the said seat was offered to the petitioner as he was at serial No. 1 in the waiting list. It is also the case of the petitioner that he had immediately conveyed his acceptance to join the said DNB course on 30th April, 2010 itself. It is also the case of the petitioner that after joining the said course the petitioner went back to Jammu, which is his hometown for arranging money towards the course fee and the said fee was deposited by the petitioner on 5th May, 2010 after he returned back from Jammu and that the petitioner has been continuing the said course since thereafter. It is also the case of the petitioner that the petitioner has not been granted registration by the respondent Board on the ground that he failed to join the said DNB programme before the laid down cut off date i.e. 30th April, 2010. Counsel for the petitioner further submits that only on the last date itself the petitioner was informed by the hospital that Dr. Vipul Mittal did not join the said course and, therefore, in a great haste he had approached the respondent hospital to join the said course and went back to his home for arranging the money. Counsel also submits that the respondent hospital has conveyed the joining date of the petitioner as 5th May, 2010 to the respondent Board and, therefore, the said mistake crept in even in further communications. Counsel thus submits that even it is assumed that the petitioner had joined on 5th May, 2010, the delay would be of around 5 days only and, therefore, for such a small delay the petitioner should not be made to suffer, more particularly when the petitioner is already half way through the said course. Counsel for the petitioner submits that the prospectus issued by the respondent provides the period of two years for the selected candidates in the DNB CET (SS) test to seek their admissions in various affiliated institutes, therefore, through the notice dated 5th April, 2010 the validity of the test undertaken by the candidates in April, 2010 was restricted to 30th April, 2010. Counsel thus submits that it is only because of the said public notice the cut off date has been restricted to 30th April, 2010 otherwise as per the prospectus the validity period was for two years period.
(3.) Learned Counsel appearing for the respondent hospital, has supported the case of the petitioner. She submits that the petitioner had joined the said course on 30th April, 2010, but had deposited the necessary course fee on 5th May, 2010 and, therefore, by mistake the said date of 5th May, 2010 was communicated by the hospital to the Board as the joining date of the petitioner in the said programme.