SONIA GARG Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present petition is filed by the petitioners praying inter alia for quashing of the eligibility condition in the Information Bulletin & Application Form for Diplomate of National Board Post Diploma Centralized Entrance Test, January 2012 and for directions to respondents No.1 and 2 to extend the date of eligibility stipulated in clause 4.1 of the said Information Bulletin.

(2.) BRIEFLY stated, the facts as set out in the petition are that both the petitioners had successfully completed their degree course and obtained MBBS degrees. While petitioner No.1 had obtained the MBBS degree in the year 2008, petitioner No.2 obtained the same in the year 2007. In June, 2009, both the petitioners took admission in a two year course of Diploma in Gynaecology from the Maharashtra University of Health Sciences, Nashik. It is stated that as per the impugned Information Bulletin circulated by respondent No.2/National Board of Examinations (in short ,,NBE) in October, 2011, the last date of submission of application forms for the Post Diploma CET Examination was fixed as 31.10.2011. Clause 1 of the aforesaid Bulletin which stipulates the last date of submission of application form is reproduced hereinbelow:-

(3.) THOUGH the aforesaid eligibility criteria clearly stipulates that only such candidates, who have passed the final examination leading to the award of Post Graduate Diploma from Indian Universities, that are duly recognized as per the provisions of Indian Medical Council Act, 1956, on or before 31.12.2011, could apply for the Post Diploma CET examination in the same Board specialty, both the petitioners, who had admittedly not fulfilled the aforesaid eligibility criteria, applied to respondent No.2/NBE in October 2011 for taking the CET examination. The said applications of the petitioners were rejected by respondent No.2/NBE, who informed them that their applications were not in terms of the guidelines prescribed in the Information Bulletin. In this regard, counsel for the petitioners draws the attention of this Court to the letters dated 13.01.2012 addressed by respondent No.2/NBE to the petitioners (Annexure P-7 colly). A perusal of the aforesaid document reveals that the reason given by respondent No.2/NBE for refusing to issue admit cards to the petitioners was that they had been declared ineligible for the said examination on account of their failure to furnish the proof of passing the Post Diploma certificate, specify the date of declaration of their result and the proof of IMR/Additional Medical Qualification registration certificate having been issued by MCI.