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PURUSHAINDRA KUMAR KAURAV
Bimmi Kumari D/o Late Jagannath Prasad Yadav, R/o C/403, Royal Garden Apartment, Nageshwar Colony, Patna-800001 – Appellant
Versus
National Board of Examination In Medical Science Through Its Director Medical Enclave, Ansari Nagar, Mahatma Gandhi Marg, Ring Road New Delhi-110029 – Respondent
ORDER
Purushaindra Kumar Kaurav, J. (Oral)
1. The petitioner in the instant writ petition seeks for the direction to set aside the e-mails dated 05.07.2023 and 19.07.2023 issued by respondent no.1/National Board of Examination (hereinafter referred to as "NBE"). The petitioner has also prayed for other reliefs including directions to the respondents to grant permission to the petitioner to continue the DNB Diploma course in Obstetrics and Gynaecology (hereinafter referred to as Obs-Gynae) at Central Super Specialty Hospital, Patna (hereinafter referred to as CSSH, Patna) for the Academic Year 2022-24, with an extension of six months.
2. The facts necessary for the disposal of the instant writ petition would indicate that the petitioner is working as a Medical Officer in CSSH, Patna. The petitioner appeared in NEET-PG-2022 examination and she secured a rank of 104888. It appears that there is a specific quota for the NEET PG qualified doctors who are working in Railway Hospitals and they are allotted DNB seats on the basis of their internal counselling to be admitted against NEET PG allotment. The petitioner qualified in the internal counselling of railway and on the basis of her m
The court emphasized the importance of considering the peculiar facts and circumstances of the case and directed NBE to grant appropriate extension in accordance with the Leave Rules for DNB/FNB Trai....
The court emphasized the importance of adhering to the approved extension period and highlighted the unjustifiability of withholding the result based solely on the cut-off date for completion of trai....
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....
Maternity leave cannot be counted against leave limits for trainees, and courts can intervene in exceptional health circumstances to allow leave extensions beyond standard rules.
Eligibility for examinations must adhere strictly to prescribed rules, and deviation based on sympathy undermines academic standards.
The denial of study leave to the petitioners was found to be unfair, and the court emphasized the importance of following the prescribed time schedule for admission to medical courses.
Grant of study leave for doctors is not an absolute right and may be denied based on public service exigencies, especially during emergencies like a pandemic.
The court held that a trainee's employment during DNB training is permissible if it does not hinder training and is supported by the institution's consent.
The completion of the course rendered the question of extraordinary leave purely academic, leading to the petition being rendered infructuous.
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