1. The challenge in this petition is to the action of the respondent No.2 National Board of Examinations (NBE) of making certain changes in selection procedure for admission of the “Broad Speciality Candidates” to the Diplomate of National Board (DNB) Programme. Earlier, NBE held a Common Entrance Test (CET), which was essentially an eligibility test and all those passing/clearing the said test were eligible to selection by any of the Institutes/Hospitals accredited with NBE with each Institute/Hospital holding its own further test/interview for such selection. Under the changed procedure, NBE is to, as per the position/rank in the merit list of CET, hold centralized counselling and allocate the applicants/students as per the choice of Institute/Hospital filled by them and as per their rank, to its accredited Institutes/Hospitals. The challenge is on the ground that the changed procedure interferes with the rights of the accredited Institutes/Hospitals to administer their own hospitals/educational institutions and which right of administration includes a right to select and choose students.

2. Since the counselling scheduled by the NBE for admissions to the January, 2011 Session was held up, the hearing of the petition was expedited.

3. The members of the petitioner no.1, and the petitioners no. 2 to 5 are private unaided Medical Institutions/Hospitals accredited to NBE for imparting training/education for Diplomate in Post Graduate medical education. Though the counsel for the NBE has contended that the petitioner no.1 Association does not represent the majority of Institutes/Hospitals accredited to it but the said question has not been found relevant inasmuch as howsoever few the members of the petitioner no.1 Association may be, they would still be entitled to make the challenge as raised in the present petition.

4. In or about the year 1975, upon de-recognition of the Membership of the Royal Colleges of Physicians (MRCP)/Fellowship of the Royal Colleges of Physicians (FRCP) qualifications in the field of medicine, a scarcity was felt of training opportunities for development of specialities in the field of medicine. NBE was set up in the year 1975 (and which became an independent autonomous organization in 1982) to evolve high and uniform standard of Post Graduate and Post Doctoral Examination in Medical Sciences and also to create additional specialities without burdening the resources of the Central Government. DNB Programme was accordingly conceived and was granted recognition by the Medical Council of India. Under the said programme, NBE accredits /recognizes specialities in Medical Institutes/Hospitals having the requisite teaching/academic programmes and such Institutes/Hospitals found suitable are then accredited to NBE. Such accredited hospitals are then permitted to enroll candidates in the particular speciality for DNB Programme.

5. It is the stand of NBE that admission to DNB Programme by centralized counselling is intended to curb the corruption and all other evil practices associated with DNB admissions. It is contended that under the system hitherto prevalent, the candidates were at the mercy of the accredited Institutes/Hospitals for admission inspite of securing high rank in the CET ; that in such decentralized admission, merit had become the casualty and nepotism and favoritism and bias had taken the centre stage; that the students were also not getting the single window access for DNB admissions and the earlier selection process was tough and expensive for the students.

6. The senior counsel for the petitioners has argued:

i. that the introduction of centralized counselling and allocation by NBE of students to seats available in each Institute/Hospital interferes with the fundamental right of the accredited Institutes/Hospitals to administer their Institutes/Hospitals and which right of administration, in the Eleven Judge Bench judgment of the Supreme Court in T.M.A. Pai Foundation