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2004 Supreme(Raj) 1825

SUNIL KUMAR GARG
Dr. Kantesh Khetani – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioners:Mr. Rajesh Joshi, Advocate.
For the Respondent Nos. 3 and 4: Mr. Rameshwar Dave, Dy. G.A.
For the Respondent Nos. 1 and 2: None.

JUDGMENT

1. - This writ petition under Article 226 of the Constitution of India has been filed by the petitioners against the respondents on 30.6.2003 with the prayer that by an appropriate writ, order or direction, the condition as mentioned in the appointment orders/letters of the petitioners to the effect that "this will not incur any financial liability upon the State Government and the petitioners will have to work on honorary basis" may be declared void and be struck off and furthermore, the respondents be directed to pay amount of stipend to the petitioner as being paid to the students who are doing PG (MS/MD).

2. The case of the petitioners as put forward by them in this writ petition is as follows :

The Government of India established an autonomous body, which is known as National Board of Examinations (for short "the NBE"), in the year 1975 with the primary objective of improving the quality of medical education by elevating the level of establishing standard of post graduate examinations in modern medicine on all India basis. It was to function as a national resource of imparting quality in evaluation of professional competence in medical sciences. There are more than 135










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