RAHUL DULA GAGARE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondent Nos. 2 and 3.

(2.) The petitioner has invoked the writ jurisdiction of this court, inter alia, for a writ order or direction, directing the respondent No. 3 National Board of Examination to consider the petitioner as eligible for selection to Secondary DNB Course and confirm the seat already allotted to the petitioner, in the second round, in BGS Global Hospital, 67, Kengri, Bangalore.

(3.) The petitioner completed the MBBS degree course in the year 2008. In the year 2014, the petitioner obtained Diploma in Orthopedics from the College of Physicians and Surgeons of Mumbai, Dr. E. Borges Marg, Mugdha, PA 1/5 Parel, Mumbai. The respondent No. 1, Union of India, by a Notification dtd.17/10/2017, on the recommendation of the Indian Medical Council, recognized all the diploma qualifications awarded by the College of Physicians and Surgeons on or after December, 2009 and inserted those in Broad Specialty Diploma Courses (two years courses at the Post of MBBS level) in the First Schedule of the Indian Medical Council Act, 1956. In pursuance of the said Notification, the petitioner became eligible for the DNB Secondary Course, which is of two years duration, i.e., after obtaining diploma post MBBS Course. If the student completes only MBBS degree course, then he is eligible to DNB Primary Course; the duration of which is three years.