ANIL KUMAR, J.

1. The petitioner has challenged the order dated 3rd May, 2007 of Medical Director, Northern Railway terminating petitioner’s attachment as DNB 3rd year candidate in the department of Medicine, Northern Railway, Central Hospital, New Delhi with effect from 3rd May, 2007.

2. Brief facts to comprehend the controversies between the parties are that the petitioner is a Doctor and he was selected as a Diplomat of National Board Training Course by the Medical Director, Northern Railways, Central Hospital, New Delhi. He was offered the DNB course in internal medicine under the said hospital and the factum of his selection was communicated by the respondent Nos.1 to 3 to the National Board of Examination, respondent No.4.

3. The petitioner asserted that DNB training consists of three years period and on completion of this period, examination is held by National Board of Examination which is functioning under the Ministry of Health and Family Welfare. The successful candidates are awarded post graduate degree in the discipline in which they undergo and complete training. According to the petitioner the DNB training leading to post graduate degree in the discipline in which a candidate undergoes training is controlled by the rules known as Residency Scheme review of consolidated revised instructions dated 5th June, 1992.

4. The petitioner pleaded that on being selected as DNB (medicine) he resigned from the post of junior resident in Department of Medicine and joined the Northern Railway, Central Hospital for his training for DNB (Medicine). According to him during the course of three years training, the candidates are given all those privileges and facilities which are admissible to junior residents. The DNB trainees are not only imparted training but they are required to perform all duties of a resident doctor attending patient wards, ICUs, OPD, etc. and they are paid stipend with full allowances for the same. The petitioner’s grievance is that under para 13 of Residency Scheme a resident doctor is not to perform normally exceeding 12 hours per day and resident doctors are allowed one week holiday by rotation and junior residents ordinarily work for 40 hours per week, however, number of call duties of 24 hrs have also been increased to 7 instead of 5 per month. Another allegation of the petitioner is that the Northern Railway, Central Hospital has breached the rules of the Residency Scheme more often than complying with the same. The petitioner has also contended that even the emoluments of the DNB training was reduced from Rs.21,000/-per month to Rs.8,000/-per month leading to filing of a writ petition which was allowed by order dated 25th August, 2005.

5. The petitioner plea is that since he and some other doctors took leading part in the litigation initiated against respondent No.3 against reduction of their stipend from Rs.21,000/-to Rs.8,000/-, the respondent No.3 became inexplicably prejudiced against him. In order to substantiate the case against respondent No.3, it was contended that petitioner is not paid an amount of Rs.2000/-per year against book allowance and he is also not paid the amount of Rs.3000/-per month which is deducted from his emoluments without giving any reason and without any written order.

6. The petitioner had sent a legal notice through his counsel on 1st September, 2005 seeking attention of the authorities including respondent No.3 to various irregularities being committed by Railway Administration particularly in respect of violation of rules of working hours by extending them and of the period of leave and for payment of all his emoluments. He had sought all the facilities, privileges which the junior residents are entitled for. The relevant rules under Residency Scheme are as under: “13. Hours of Work.

Continuous active-duty for resident doctors will not normally exceed 12 hours per day. Subject to exigencies of the work the resident doctors will be allowed one weekly holiday by