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05.01.2024

1.

The grievance of the petitioner is that, for no valid reason, the

candidature of the petitioner for the DNB/DrNB April 2023 session

was cancelled and the results of the petitioner of the theory and

practical examinations held for the said purpose were treated as null and

void.

2.

The impugned letter dated 30 November 2023, which so holds,

seeks to justify cancellation of the petitioner’s candidature for two reasons.

3.

The first is that the petitioner had, during the three years 2021 to

2023, availed 50 days’ leave in excess of 90 days’ leave available to the

petitioner. According to the impugned letter, the petitioner was, as a result,

required to undergo 50 days’ additional training and, therefore, the training

period of the petitioner, which was treated as completed on 31 October

2023, could not have been so treated.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 08/01/2024 at 05:00:02

W.P.(C) 147/2024 Page 2 of 5

4.

Mr. Mahapatra, learned Counsel appearing for the petitioner submits

that this is incorrect. He points out that, in arriving at the figure of 50 days,

the respondents have failed to take into account gazetted holidays and

Sundays, which are not to be included in the leave for which the petitioner

was entitled. If gazetted holidays and Sundays are excluded, Mr.

Mahapatra submits that the excess leave availed by the petitioner, would

only be of 24 days.

5.

The Court has itself undertaken the exercise of calculating the

number of excess days of leave availed by the petitioner. The periods of

leave availed by the petitioner, as reflected in para 2 of the Final Training

Completion Certificate (FTCC) dated 31 October 2023 issued by

Respondent 2, are as under:

Year of Training

(First/Second/Third

Period of Leave

(Specify Dates of leave

availed)

Nature

of

Leave

No.

of

Days

First year

25.03.2021 to 25.07.2021

Personal

123

Second year

01.04.2021 to 05.04.2022

Personal

5

Second year

01.06.2022 to 03.06.2022

Academic

3

Second year

06.06.2022 to 08.06.2022

Personal

3

Third year

10.10.2022 to 15.10.2022

Personal

6

Total number of leave availed by the candidate during his DNB

training till date (Grand Total in Days)

140

6.

In the first year, the leave availed by the petitioner was from 25

March 2021 to 25 July 2021, of 123 days. During this period, 18 days

were Sundays and 7 days were gazetted holidays, working out to a

total of 25 days.

7.

The periods of leave availed by the petitioner during 2022

included only one Sunday and no gazetted holiday.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 08/01/2024 at 05:00:02

W.P.(C) 147/2024 Page 3 of 5

8.

As such, 26 days out of the leave availed by the petitioner were

either Sundays or gazetted holidays. If 26 is deducted from 50, the

excess leave availed by the petitioner would only be 24 days.

9.

Mr. Mahapatra’s submission is that the normal period of the

training of the petitioner was to expire on 28 September 2023 and, if

24 days were to be added thereto, it would still end before 31 October

2023, which was the date on which the petitioner’s training was

certified as finally completed. As such, he submits that there is no

error in the FTCC treating the petitioner’s training to have been completed

on 31 October 2023 and that the erroneous trend to the contrary, as

conveyed in the impugned letter dated 30 November 2023, has been

occasioned because the respondents have failed to factor in the entitlement

of t