PUJA DEWAN Vs. NATIONAL BOARD OF EXMINATIONS

JUDGEMENT

(1.) The petitioner seeks directions under Article 226 of the Constitution to the respondents to permit her to resume studies in the Fellowship of National Board (hereafter "FNB"), in the second respondent institution (hereafter "IRM").

(2.) The facts of this case are that Petitioner completed her Bachelor in medicine and surgery (MBBS)in 1997. She acquired a diploma in Obstetrics and Gynecology and 2002 from the Delhi University. She was conferred with membership of the Royal College of Obstetricians and Gynecologists, UK, in May 2003. She completed another course of postgraduate training in the subject and the first respondent (hereafter the NBE)t admitted her to a Convocation in that regard in Kolkatta in 2006. She was admitted by the Council as a member of the National Academy of Medical Sciences in 2006.

(3.) The petitioner was declared successful in an entrance examination, held by the NBE, for the FNB, in 2006 in the sub specialty of Reproductive Medicine. Selections to such courses are based on an All India Entrance Test conducted by the NBE; the written test was held on 9-12- 2006. It was followed by an interview of aptitude test. The interview was conducted on 15-2-2007. After counselling, the petitioner was chosen for the highly sought for academic and clinical training programme, as clinical fellow, to pursue a postdoctoral Fellowship of the National Board in the second respondent Institute (hereafter called the "IRM"). It is claimed that every year, only eight candidates are selected on All India basis out of hundreds who apply; two seats exist in the IRM. It is claimed that the end of January 2007 the petitioner was asked to report to the IRM within 15 days of receipt of the call letter, i.e on 15-2- 2007. She submitted a joining joining report to the IRM for the Fellowship course and on 16th of February 2007; it was accepted. She was permitted to join as Resident Medical officer (hereafter called RM) under the postdoctoral fellowship programme of the NBE. On the same day, IRM issued a letter intimating the terms of the course as well as the stipend payable to her. The petitioner's joining report was forwarded to the NBE and intimation written to her on 26-3- 2007