PRAVEEN S LAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The issue involved in these two Writ Petitions is as to whether institutional preference granted to the students who passed MBBS from the Medical College, Trivandrum in the matter of admission to the training programme for award of the degree of Diplomate of National Board, is justifiable and if justifiable, to what extent such institutional preference can be given in the matter of such admission.

(2.) The petitioners are MBBS degree holders who, after passing the centralised entrance test prescribed for the purpose, applied for admission to the training programme for the award of the degree of Diplomate of National Board in the Medical College, Trivandrum. Before going to the facts of the case, I may note the salient features of the award of the particular degree.

(3.) This degree is awarded by the National Board of Examinations of the Government of India, which was established with the prime objective of improving the quality of medical education by elevating the level and establishing standards of postgraduate examinations in modern medicine on an all India basis. The Board conducts postgraduate and postdoctoral examinations in 54 disciplines approved by the Board for the award of the degree of Diplomate of National Board. The Diplomate qualifications awarded by the National Board of Examinations have been equated with postgraduate and post-doctorate degrees awarded by other Indian Universities by the Government of India, Ministry of Health and Family Welfare, vide notification No.V 11015/6/94-ME (UG) dated 3.10.94. The holders of Board's qualification of Diplomate of National Board awarded after the examination conducted by the National Board of Examinations are eligible to be considered for specialists posts in any hospital other than a training/teaching institution. For teaching appointments as lecturers in the specialities, the holder of the Diplomate of National Board should have at least one year experience as Tutor/Registrar/Demonstrator or an equivalent post in a recognised Medical College imparting undergraduate training. A candidate holding medical qualification registerable under the Medical Council of India Act, 1956 and such other qualification as may be recognized by the Medical College of India from time to time is eligible to take the Board's examination. Candidates are required to register with the Board for getting required training as a Diplomate of National Board candidate in a Hospital/Medical College recognised by National Board of Examinations/Medical Council of India/University for the purpose of training. A candidate for admission in Board's specialities is required to pass two separate examinations, namely, the Centralised Entrance Test (CET) and the final examination. The candidate has to first register himself with the National Board of Examination. Thereafter, he/she must pass the Centralised Entrance Test. On passing the CET, the candidate becomes eligible to apply for admission to the training programme. On completion of the training programme, he/she has to appear for the final examination and if the candidate passes the final examination, he/she would be given degree Diplomate of National Board. The candidate who passes the CET has to apply directly to the institution accredited to the National Board of Examination. That institution is to select candidates for training based on the applications received from CET passed candidates. The institution should select the candidates to the number of seats allotted to each speciality for the training programme. The candidate so selected, on completion of the training, becomes eligible to write the final examination conducted by the National Board of Examinations, on passing of which the Degree of Diplomate of National Board would be awarded.