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2019 Supreme(Bom) 2210

S.C.DHARMADHIKARI, R.I.CHAGLA
Sudheer Kumar Lakavath – Appellant
Versus
National Board Of Examination – Respondent


Advocates Appeared:
V.M. Thorat, Advocate, M.V. Thorat, Advocate, Anukul B Seth, Advocate, Ganesh Gole, Advocate, Neel Helekar, Advocate, Anil D Yadav, Advocate, Suresh Kumar, Advocate

JUDGMENT

R.I. Chagla, J. - Rule. Rule made returnable forthwith. Heard by consent of parties.

2. The Petitioners by this Petition have sought a writ of mandamus for quashing and setting aside the decision/letter dated 10th April 2019 issued by the Respondent No. 3, Medical Director, Western Railway, Jagjivan Hospital, Mumbai, by virtue of which the stipend of Diplomate of National Board ("DNB") trainees which includes the Petitioners, was revised and reduced. This Petition also seeks a direction against the Respondent No. 3, Medical Director to continue to pay the Petitioners stipend which was payable prior to December 2018.

3. The Petitioners are doctors by profession having completed their MBBS undergraduate courses from their respective recognised medical colleges. They were interested in pursuing the postgraduate DNB courses conducted by the National Board of Examination ("NBE"). The Petitioner Nos. 10, 11 and 12 were admitted to two years postgraduate courses, as they were given credit of one year on account of completing the diploma earlier. The rest of the Petitioners were admitted to three years postgraduate courses. All the Petitioners were admitted to their respective post

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