VISHAL SEHGAL Vs. SECRETARY HEALTH

JUDGEMENT

(1.) The petitioners are doctors having obtained an MBBS degree. They are undertaking a course for the grant of a Diplomate of National Board. Their prayer, in a writ petition filed under Article 226 of the Constitution, is essentially for payment of a salary/honorarium for the practical work that they are doing while undertaking the course.

(2.) The National Board of Examinations (for short the NBE) was established by the Government of India, Ministry of Health and Family Welfare as an examining body to evolve a pattern for the conduct of a high and uniform standard of post-graduate and post-doctoral examinations in medical sciences. The NBE confers a Diplomate of National Board (for short DNB) qualification, which is said to be equivalent to an MD/MS/DM/ M.Ch. of other Indian universities recognized by the Government of India and the Medical Council of India.

(3.) The NBE has set up a mechanism for imparting a non-formal mode of teaching in the sphere of higher medical education. The idea is to tap the resources in terms of equipments and trained manpower available in the private and public sector for training and teaching in higher medical education. The NBE has recognized 156 institutions for the intake of 570 candidates in various post-graduate and post-doctoral courses in private and public sector hospitals/institutions. One such hospital is the Deen Dayal Upadhyay Hospital, which is respondent No. 3 in the present writ petition.