RENUKA BULANI PRASAD Vs. NATIONAL BOARD OF EXAMINATIONS

JUDGEMENT

(1.) The petitioner in the instant petition filed under Article 226 of the Constitution of India seeks for directions to the respondents to start the mop-up rounds of counselling and initiate the registration and counseling process for obtaining Post Graduate Diploma qualification for all meritorious candidates including the petitioner. The petitioner also prays for directions to initiate an administrative and departmental inquiry against the erring officials of the respondents for their negligence in carrying out their public duties and responsibilities towards the meritorious candidates. In addition, the petitioner has prayed for compensation for the mental harassment suffered and the litigation expenses incurred.

(2.) Learned counsel appearing on behalf of the petitioner submits that the petitioner appeared in the Diplomate of National Board- Post Diploma Centralized Entrance Test (DNB PDCET) Exam, 2022 which was conducted on 24/7/2022 for admission in P.G. Course in Anaesthesiology Branch. She states that the petitioner obtained 90th rank and according to her merit position, she was entitled for allotment of the desired seat in the said course. It is also submitted that after declaration of the result on 24/8/2022, the respondent(s) failed to properly intimate the concerned candidate about the timeline to be followed for her registration in the counselling process. Accordingly, the petitioner could not register herself between the duly scheduled dates from 30/9/2022 to 5/10/2022. Resultantly, she was unable to take part in the counselling process.

(3.) Learned counsel for the petitioner further submits that despite the petitioner making a telephonic call to the respondent(s) before the commencement of the registration process and filing an application asking for the dates of registration of the counselling process, the respondent(s), instead of furnishing the correct information, misled the petitioner to the extent of intimating that as and when the dates for the commencement of registration would be notified, the same would be communicated to the petitioner. The petitioner, therefore, presumed that as and when the dates would be notified for registration, the petitioner would be duly intimated and accordingly, she would register herself for allotment of the seat. Learned counsel has also placed reliance on two decisions of this court, in the cases of Dr. Deepika Veerwal v. National Board of Examination and Anr. W.P.(C) 5543.2020 and Dr. Shidore Shital Mhatardeo v. National Board of Examination (NBE) W.P.(C) 7255/2019.