JUDGMENT :

(Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent bearing reference NBEMS/DOEC/December 2020/2022251542/2021/5556- 5559 dated 24.08.2021 and quash the same as illegal consequently to pass an order of declaration declaring that the candidature of the petitioner for the DNB final Examination December 2020 under registration number 225-41132-191 -223144 and Roll Number 2022251542 is valid so as to direct the 2nd respondent to conduct Practical Examination for the DNB course December 2020 within stipulated date prescribed by this Hon’ble Court.)

1. This writ petition has been filed challenging the proceedings of the second respondent dated 24.08.2021 and for a consequential direction to declare that the candidature of the petitioner for the DNB final examination is valid and for a further direction to the second respondent to conduct the practical examination for the DNB Course within the time prescribed by this Court.

2. The case of the petitioner is that, she joined the Diplomate of National Board (DNB), which is a Post Graduate Masters Degree, on 07.06.2019. The DNB Final Theory Examination was supposed to be conducted during December 2020. However, due to the pandemic situation, the written examinations were conducted by the second respondent only during March 2021. The petitioner took the examination and she cleared the theory part of the course. The next stage is for the petitioner to appear for the practical examination. The second respondent announced that the practical examination will be conducted during August 2021. It is claimed by the petitioner that she also obtained the admit card for appearing in the DNB final practical examination.

3. In the meantime, the petitioner was working at a hospital at Coimbatore. She conceived and she was advised by the hospital to proceed on leave after obtaining a sanction from the second respondent. This advice was given to the petitioner since there was no clarity at that point of time as to whether a pregnant lady can be administered with the vaccine and whether it will have any adverse impact on the child in the womb.

4. Accordingly, the petitioner applied to the second respondent seeking for leave. The second respondent, through the letter dated 30.07.2021, sanctioned the leave applied for by the petitioner for the period from 01.06.2021 to 27.11.2021.

5. The petitioner delivered a child on 19.07.2021 and she was discharged from the hospital on 21.07.2021. Since the final practical examination was slated to be conducted on 28.08.2021, the petitioner made a request to the second respondent to take into consideration the extraordinary circumstances in which she was placed and to permit the petitioner to take the practical examination. The second respondent, through the impugned proceedings dated 24.08.2021, after taking note of Clause 11.6 and 11.7 of the Information Bulletin of DNB, came to a conclusion that the petitioner had not completed the required DNB training before the cut-off date viz., 30.09.2021 and hence the petitioner was found ineligible and as a consequence of the same, her appearance in the DNB Final Theory Examination, December 2020 was declared as null and void and the admit card that was given to the petitioner to appear for the practical examination was also cancelled/withdrawn. The petitioner was advised to appear in the DNB final examination once again at a future date. Aggrieved by the same, the present writ petition has been filed before this Court.

6. The second respondent has filed a counter affidavit. The stand taken by the second respondent in the counter affidavit is extracted hereunder.

“4. I state that in terms of Clause 11.6 of Information Bulletin of DNB Final December 2020, any leave availed by the candidate other than the eligible leave (30 days per year) shall lead to extension of DNB/FNB training. Further as per Clau