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HIGH COURT OF KERALA
N. NAGARESH, J
DR. GAYATRI.G.J. – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
The petitioner, who is a Medical Postgraduate undergoing her DNB Program at the 5th respondent-College, seeks to quash Exts.P9 and P11 and to direct the 2nd respondent-National Board of Examinations in Medical Sciences (NBEMS) to permit the petitioner to complete the DNB Course which she has been undergoing under the 5th respondent-College.
2. The petitioner completed MBBS Course from the Government Medical College, Kalamassery in 2015. The petitioner also completed her Postgraduate Diploma in Ophthalmology in the year 2011 from Sree Gokulam Medical College, Thiruvananthapuram.
3. In the year 2017, the Kerala Public Service Commission (PSC) invited applications for appointment to the post of Assistant Surgeon in the Kerala Medical Services. The petitioner was ranked at Serial No.125 in the PSC ranklist. While so, the National Board of Examinations in Medical Sciences (NBEMS) invited applications for admission to Postgraduate Diploma Courses (DNB). Selection to the DNB Courses is on All India basis. Entrance test for DNB was conducted in September, 2021. The petitioner was selected for DNB (Ophthalmology) Course in February, 2022. The petitioner was to complete the Course by
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 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 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.
The court ruled that the study period of petitioners pursuing DNB courses should be recognized as continuation of service for notional benefits, emphasizing equal treatment for government servants.
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.
Temporary relocation due to the pandemic was valid under the Disaster Management Act, 2005, and the excess relocation period should be considered as part of the DNB course tenure for certificate purp....
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