RAHUL BHUSHAN Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) Vide the present petition, the Petitioner impugns clauses 12.3 and 12.6 of the Information Bulletin for Diplomate of National Board Centralized Entrance Test-Super Specialty for admission to DNB Super Specialty Course, 2018 issued by the Respondent No. 3/National Board of Examinations (hereinafter referred to as the "impugned clauses"). The Petitioner has also sought a direction to the Respondents to permit him to participate in the 2nd round of Merit Based Centralized Counselling, to be conducted by the Respondent No. 3 on 17.05.2018.

(2.) Mr. Shree Prakash Sinha, learned counsel for the Petitioner submits that the Petitioner, after completing MS (General Surgery) course from Era Medical College, Lucknow in academic years 2014-2017, had appeared in the DNB Centralized Entrance Test Super Specialty Exam (hereinafter referred to as the "DNB CET SS Exam") conducted by the Respondent No. 3 for the 2018 academic session, in accordance with the terms of Information Bulletin published in the month of October, 2017. Upon the Petitioner being declared successful therein, he was allocated the Super Specialty of Neuro Surgery in Apollo Gleneagles Hospitals, Kolkata, which he joined on 20.03.2018.

(3.) Since Clauses 12.3 and 12.6 of the Information Bulletin debars candidates who accept the seat in the first round of counselling to take part in any subsequent round of counselling, the Petitioner, who had taken admission in the aforesaid course in the first counselling, was not permitted to take part in any subsequent rounds of counsellling. In these circumstances, the Petitioner has impugned the aforesaid clauses 12.3 and 12.6 of the Information Bulletin for DNB CET SS course, which read as under:-