Temporary relocation due to the pandemic was valid under the Disaster Management Act, 2005, and the excess relocation period should be considered as part of the DNB course tenure for certificate purposes.

JUDGMENT

Sabyasachi Bhattacharyya, J. - The petitioner claims to be an association of Diplomat of National Board (DNB) qualified Doctors. It is alleged that the members of the petitioner- association were relocated from their parent Hospitals while undergoing the course of Postgraduate Training, pursuing their DNB courses from the respondent no.2-Hospital. During the pandemic, the members of the petitioner-association were relocated to different Hospitals.

2. Learned counsel for the petitioner relies on the Guidelines for Competency Based Training Programme in DNB - Obstetrics and Gynecology issued by the National Board of Examinations (respondent no.3 herein). Under Clause 5 of the said Guidelines for Accredited Hospitals, provisions are made regarding rotational postings of DNB trainees. As per Clause 5.1, such trainees can be rotated outside the applicant Hospital as per Guidelines detailed thereunder. Under the column 'Nature of Rotation' in Clause 5.1, the relevant entry pertains to externship on mutual exchange basis, subject to mutual agreement between the trainees and the institute. The purpose/reason given for such externship is that a DNB trainee may be rotated to a NBE accredited department of another Hospital by mutual exchange between the accredited Hospital/Institution. Under the column 'Tentative Period of rotation', the maximum period for such externship has been stipulated as three months in a three years training programme and two months in a two years training programme.

3. Clause 5.2 of the Guidelines provides that the externship of DNB trainees is not automatic. Prior approval of National Board of Examinations is mandatory.

4. Clause 5.3 stipulates that the placement of DNB trainees in Hospitals/Institutions that are not accredited with NBE or MCI or Government of India is not permitted.

5. Learned counsel for the petitioner submits that the members of the association, whose interest is represented by the petitioner-association, have already been posted for a period exceeding that which is stipulated in Clause 5.1, as indicated above, thus, exposing the said members, who are all trainees under the DNB course, to the risk of losing the excess period over the stipulated time-frame for the purpose of being considered to have completed their training programme.

6. Learned counsel submits that no consent was obtained from the said members of the petitioner-association. The petitioner prays for relocation of the member-doctors to their parent Institution/Hospital, being the respondent no.2 herein.

7. An affidavit of compliance filed by the State-respondent and the rejoinder thereto, filed by the petitioner, be kept on record.

8. Placing reliance on Annexure R-13 at page 8 of such rejoinder, which comprises Guidelines for relocation of trainees of National Board of Examinations (NBE), issued by respondent no.3 on December 24, 2020, learned counsel for the State-respondent submits that Clause 1(ii) thereof deals with relocation of a trainee. It is provided therein that the relocation of a trainee refers to the permanent shifting of a trainee by NBE from their principal allotted Institute or Hospital to another accredited Institute or Hospital. As such, the temporary shifting under the Disaster Management Act, 2005 due to the Covid-19 pandemic, which is complained of by the petitioner in the present case, cannot be treated to be a relocation within the purview of the Guidelines regarding DNB - Obstetrics and Gynecology issued by respondent no.3 (Annexure P-6 at page 36 of the writ petition). It is further contended on behalf of the State that the medical students, who have submitted affidavits as per direction of this court to disclose their credentials for maintaining the writ petition, are different from those trainees who approached the State- respondent with the grievance that they had nothing to do with the present writ petition, nor had they granted authority to the petitioner- association to do so. However, i