The interpretation of the National Board of Examinations regarding the determination of eligibility and conduct of examinations is final and binding. Any relief granted must be in accordance with the rules governing the examination.

JUDGMENT

Rajiv Sahai Endlaw, J. - This intra-court appeal impugns the judgment dated 1st October, 2019, allowing W.P.(C) No.12477/2018 preferred by the respondent no.1 and directing the appellant National Board of Examinations (NBE) to issue a Diplomate of National Board (DNB) Degree in the Family Medicine specialty, qua the concerned year, in favour of the respondent no.1.

2. The appeal came up first before the Court on 15th November, 2019, when the same was admitted and after hearing the counsel for the respondent no.1 appearing on advance notice on that date, the operation, implementation and execution of the impugned judgment was stayed during the pendency of the appeal.

3. We have heard the counsels.

4. The facts, not in dispute, are (i) the respondent no.1, a graduate in Medicine and desirous of a DNB qualification awarded by the appellant NBE, participated in the Centralized Entrance Test (CET) of the year 2015 and on being declared successful therein, was registered for training with the respondent no.4 Christian Institute of Health, Sciences & Research, Dimapur, Nagaland (Institute), accredited to the appellant NBE and commenced her three years training programme, on 24th June, 2015; (ii) the three years mandatory training of the respondent no.1 was to complete on 23rd June, 2018; (iii) the respondent no.1, subject to completion of her training on or before 30th June, 2018, being the cut-off date prescribed in the "Information Bulletin and Application Form for Diplomate of National Board Final Examination (Broad Specialties) (DNB -FINAL: DECEMBER 2017) (Practical Only: Mar/Apr/May, 2018)", was eligible to appear for the DNB Final Theory Examination held in December, 2017 and DNB Practical Examination held in May, 2018 and so appeared in the said examinations, on the basis of DNB Training Completion Certificate (Provisional) dated 19th September, 2017 issued by the respondent no.4 Institute, certifying that the respondent no.1 will be completing the mandatory three years training on 23rd June, 2018 and had availed of 25.5 days? leave in the year 2015-16, 16.5 days? leave in the year 2016-17 and no leave from 2017 till the date of issuance of the said Certificate; in the said Certificate, it was also mentioned as under:-

"In case Dr. Rajani Sinha is unable to complete her DNB training on or before the cutoff date i.e. 23rd August 2018 towards eligibility determination, I understand that the candidature of the candidate shall stand cancelled.";

(iv) the respondent no.4 Institute, vide another letter also dated 19th September, 2017 to the appellant NBE, certified that the respondent no.1 joined the course on 24th June, 2015 and was expected to complete the mandatory three years of training by 23rd August, 2018 and requested the appellant NBE to allow the respondent no.1 to appear in the DNB Final Theory Examination in December, 2017, as she was eligible therefor; (v) the respondent no.1 appeared for both the aforesaid examinations; (vi) however as per the DNB Training Completion Certificate (Final) dated 6th August, 2018 issued by the respondent no.4 Institute, the respondent no.1 completed the mandatory three years of training on 5th August, 2018, having availed of leave of 63 days in the year 2017-18, besides the leave of 42 days mentioned in the DNB Training Completion Certificate (Provisional) dated 19th September, 2017 issued earlier, and on the basis whereof the appellant NBE had allowed the respondent no.1 to take the DNB Final Theory Examination and DNB Practical Examination; (vii) the respondent no.1 thus had availed of total leave of 105 days during the entire DNB training period, instead of the maximum leave of 74 days to which she was entitled; and, (viii) the appellant NBE, vide its letter dated 5 th October, 2018, informed the respondent no.1 that the respondent no.1, during the three years of training period, having availed of excessive leave resulting in her having completed her training only on 5th August, 201