ARUN A Vs. NATIONAL BOARD OF EXAMINATION

JUDGEMENT

(1.) THE petitioners have filed the present petition, inter alia, praying as under: -

(2.) THE petitioners are qualified doctors and had appeared for the Diplomat of National Board (hereafter 'DNB') Examination conducted by the respondent for the July 2014 Session. The petitioners believe that certain seats for the said session are still vacant and have not been filled up; the petitioners are, therefore, seeking that a fresh round of counseling be held for filling up those seats.

(3.) IT is not disputed that three rounds of counseling had been conducted for the July 2014 session. The first round of counseling was conducted from 22.09.2014 to 29.09.2014; the second round of counseling was conducted from 14.10.2014 to 17.10.2014; and an extended second round of counseling was conducted on 31.10.2014. The respondent has affirmed that all candidates had been called for counseling and at the end of the counseling session, seven seats remained vacant and hence, further round of counseling was not considered necessary. It has been explained that a definite number of candidates are called for the first round of counseling for the available seats. The second round of counseling is called for filling up of the balance seats which have not been filled up in the first round of counseling and also for the seats that have fallen vacant after the first round of counseling. These seats are then offered to candidates who had not been called for counseling in the first session and those who had been called but had not opted for any of the seats. This process is repeated until all candidates have been called and have been afforded an opportunity to opt for the available seats. In the past, respondent has also conducted additional rounds of counseling if significant number of seats remained vacant or have fallen vacant subsequently.