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HIGH COURT OF KERALA
N. NAGARESH, J
DR. GAYATRI.G.J. – Appellant
Versus
UNION OF INDIA – Respondent
Headnote: Read headnote
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
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 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 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.
The court upheld the validity of state-mandated compulsory service bonds for medical postgraduates, affirming they serve public interest and do not violate constitutional rights.
The court ruled that exceptional circumstances, such as natural disasters and pandemics, justify allowing students additional time to complete their BDS Course, ensuring adherence to equality princip....
Extension of time to join duty under Section 7(5) requires unforeseen circumstances; known conditions at application do not qualify.
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