( 1 ) THE petitioner passed his M. B. B. S. examination in 1998 from Moti Lal Nehru Medical College, Allahabad. After completing his internship, he was enrolled for house job at Kamla Nehru Memorial Hospital, Allahabad (in brief KNMH ). He worked as House Surgeon in the Department of Radiation and Oncology from 6-1-2000 to 31-12-2000. He qualified in the primary examination conducted by the National Board of Examinations (Ministry of Health and Family Welfare, Government of India), New Delhi, the respondent No. 3 (in brief NBE) in July 2000. On 20-11-2000 an advertisement was published in newspaper Amar Ujala inviting applications for admission to Diplomate of National Board (DNB course) in Radiotherapy for the Session 2001. Petitioner applied and appeared in the objective written test on 12-12-2000 and was successful. Thereafter, on 13-12-2000 he appeared in interview. There were two seats in DNB course in Radiotherapy and the petitioner was the only2 candidate who had applied for Radiotherapy DNB courses. According to the guidelines framed by KNMH on 9-12-2000 for selection of DNB candidate, a candidate must obtain 50% marks for qualifying in theory examination and he must secure 50% marks in clinical viva/interview. It further provides that in interview, marks will be given by grades. Grade-A signifies "very good performance" (8-10 marks), Grade-B signifies "good performance" (5-7 marks) and Grade-C signifies "unsatisfactory performance" (less than 5 marks ). It further provides that past performance in the work and conduct of the internal candidates for DNB course, if any, will also be taken into account while assessing overall performance of the candidate. The result of the petitioner of written examination and interview was not declared, therefore, this petition was filed praying that the respondents (KNMH) be directed to declare the result of the petitioner.

( 2 ) IN the counter-affidavit filed by the respondents, it has been stated that NBE was established to evolve a pattern for the conduct of high and uniform standard of post-graduate and post-doctoral examination in medical sciences for the award of Diplomate of National Board which are equivalent to MD/ms/dm/m. Ch. of other Indian Universities of the country recognised by Government of India and the Medical Council of India. Their main stand is that passing of Primary Examination of NBE makes a candiate eligible for admission to test only for DNB seat. The candidate does not become entitled to seat automatically.

( 3 ) SRI Vishwa Ratan Dwivedi the learned counsel for the petitioner has urged that since the petitioner was the only candidate who applied for DNB course in Radiotherapy and there being two seats available, he was entitled to be selected. He further urged that NBE information brochure provide for two examinations primary and final. Since he has been successful in primary examination, he was entitled for admission in KNMH. And after he received training in KNMH his final examination could be taken by NBE. The information brochure of NBE did not authorise KNMH to take any other examination. He has further urged that his past conduct is satisfactory and a certificate in this regard has been issued by the Medical Superintendent, Dr. J. P. Gupta, which has been filed as Annexure-1 to the rejoinder affidavit.

( 4 ) ON the other hand Sri Vijay Ratan Agarwal the learned counsel for respondents Nos. 1 and 2 has urged that since the petitioner was unsuccessful, therefore, there was no question of declaration of his result. He has placed before this Court the marks awarded to the petitioner in the written examination and interview. He urged that a candidate must obtain 50% marks in theory (written test) and must obtain 50% marks in interview, only then he could be declared selected for DNB course. He urged that no doubt the petitioner obtained 50% marks in the written test but since he has secured less than 50% marks in the interview, therefore, he c