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IN THE HIGH COURT OF DELHI
D.N. Patel, Jasmeet Singh, JJ.
Association of Diplomate of National Board Doctors - Appellant
Versus
Union of India - Respondent
LPA 73 of 2021 & CM Appl. 6693 of 2021
Decided On : 15-03-2021
| Table of Content |
|---|
| 1. appeal against interim order (Para 1 , 2) |
| 2. seek permission to take exam (Para 3 , 5) |
| 3. court's agreement with single judge (Para 4) |
| 4. dismissal of appeal (Para 6) |
JUDGMENT
D.N. Patel, Chief Justice (Oral)--The appellant (original petitioner) has preferred the present LPA being aggrieved and dissatisfied by the interim order dated 11th February, 2021 in W.P.(C) 1226/2020 (Annexure P-1 to the memo of this LPA).
2. Having heard the learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that this appeal has been preferred against the interim order passed by the learned Single Judge dated 11th February, 2021 in W.P.(C) 1226/2020 and the next date of hearing in the writ petition is 15th April, 2021.
3. This appellant (original petitioner) is seeking permission for its members to appear in DNB Final Examination - 2021 which is to be conducted in March, 2021.
4. As the writ petition is pending, we are not analysing the facts of the case otherwise the writ petition will be decided by this Court in this appeal.
5. It will be suffice to say at this stage that the members of the appellant enjoyed maternity leave beyond 60/90 days during the two years course they have undertaken. According to the course schedule there are 240 working days in one year and cumulatively there are 480 working days in the two year course.
6. We have perused Annexure R-2A annexed to the affidavit filed by the respondent No.3. It appears that out of 480 working days in two years course, the members of this appellant (original petitioner) have enjoyed the maternity leaves and therefore failed in completing the prescribed training/course period. The students can be allowed to appear in the examination provided they have completed the minimum prescribed training/course period. This aspect of the matter has been properly appreciated by the learned Single Judge while passing an interim order dated 11th February, 2021 in W.P.(C) 1226/2020. We are in full agreement with the reasons given by the learned Single Judge from para 3 onwards in the said impugned order and hence we see no reason to entertain the present LPA and the same is hereby dismissed. Pending application also stands disposed of.
Completion of mandatory training is a prerequisite for examination eligibility, with leave exceeding limits affecting qualification.
The court upheld the maximum 8-year period for completing the MBBS course, ruling that no interim relief could be granted due to absence of a prima facie case.
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 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....
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.
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....
Eligibility for examinations must adhere strictly to prescribed rules, and deviation based on sympathy undermines academic standards.
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