GAURAV KHANNA Vs. SECRETARY KAMLA NEHRU MEMORIAL HOSPITAL

JUDGEMENT

(1.) The petitioner passed his M.B.B.S. examination in 1998 from Moti Lal Nehru Medical College, Allahabad. After completing his internship, he was enrolled for house job at Kamla Nehru Memorial Hospital, Allahabad (in brief K.N.M.H.). He worked as House Surgeon in the Department of Radiation & Oncology from 6.1.2000 to 31.12.2000. He qualified in the primary examination conducted by the National Board of Examinations (Ministry of Health & Family Welfare, Government of India) New Delhi, the respondent No. 3 (in brief N.B.E.) in July 2000. On 20.11.2000 an advertisement was published in newspaper Amar Ujala inviting applications for admission to Diplomate of National Board (D.N.B. course) in Radiotherapy for the session 2001. Petitioner applied and appeared in the objective written test on 12.12.2000 and was successful. Thereafter, on 13.12.2000 he appeared in interview. There were two seats in D.N.B. course in Radiotherapy and the petitioner was the only candidate who had applied for Radiotherapy D.N.B. courses. According to the guidelines framed by K.N.M.H. on 9.12.2000 for selection of D.N.B. candidate, a candidate must obtain 50% marks for qualifying in theory examination and he must secure 50% marks in clinical viva/interview. It further provides that in interview, marks will be given by grades, Grade-A signifies "very good performance" (8-10 marks), Grade-B signifies "good performance" (5-7 marks) and Grade-C signifies "unsatisfactory performance" (less than 5 marks). It further provides that past performance in the work and conduct of the internal candidates for D.N.B. course, if any, will also be taken into account while; assessing overall performance of the candidate. The result of the petitioner of written examination and Interview was not declared, therefore, this petition was filed praying that the respondents [K.N.M.H.] be directed to declare the result of the petitioner.

(2.) In the counter-affidavit filed by the respondents, it has been stated that N.B.E. was established to evolve a pattern for the conduct of high and uniform standard of post graduate and post doctoral examination in medical sciences for the award of Diplomate of National Board which are equivalent to M.D./M.S./D.M./M.Ch. of other Indian Universities of the country recognised by Government of India and the Medical Council of India. Their main stand is that passing of Primary Examination of N.B.E. makes a candidate eligible for admission to test only for D.N.B. seat. The candidate does not become entitled to scat automatically.

(3.) Sri Vishwa Ratan Dwivedi, the learned counsel for the petitioner has urged that since the petitioner was the only candidate who applied for D.N.B. course in Radiotherapy and there being two seats available, he was entitled to be selected. He further urged that N.B.E. information brochure provide for two examinations primary and final. Since he has been successful in primary examination, he was entitled for admission in K.N.M.H. And after he received training in K.N.M.H. his final examination could be taken by N.B.E. The information brochure of N.B.E. did not authorise K.N.M.H. to take any other examination. He has further urged that his past conduct is satisfactory and a certificate in this regard has been issued by the Medical Superintendent. Dr. J.P. Gupta, which has been filed as Annexure-1 to the rejoinder-affidavit.