JUDGMENT

: D. N. PATEL, Chief Justice (Oral)

Proceedings of the matter have been conducted through video conferencing.

CM APPL.14060/2020 (exemption)

Exemption allowed, subject to all just exceptions.

The application is allowed.

LPA 169/2020 & CM APPL.14059/2020 (Stay)

1. This Letters Patent Appeal has been preferred by the appellant (original petitioner) against judgment and order dated 23rd June, 2020 passed by learned Single Judge in W.P.(C) 3633/2020 (Annexure A-1 to the memo of this Letters Patent Appeal).

FACTUAL MATRIX

2. The appellant completed his Bachelor of Medicine and Bachelor of Surgery (MBBS) from Chaudhary Charan Singh University, Meerut, in 2006. He further completed his Post Graduate Diploma in Child Health (DCH) from King George Medical University, Lucknow, in 2017.

3. The appellant, on 21st December 2017, appeared in “Diplomate of National Board, Post Diploma Centralized Entrance Test” (hereinafter referred to as DNB-PDCET) for January 2018 Admission Session and thereafter participated in the centralized counseling on 29th May 2018, wherein he was allotted a seat for specialty in pediatrics in Northern Railway Central Hospital to pursue DNB (Post Diploma) course for two years. He joined the said course on 4th June, 2018.

4. Northern Railway Central Hospital informed the National Board of Examination – respondent No.1, of the unauthorized absence of the appellant and subsequently, a show cause notice dated 20th July, 2018 was issued by respondent No.1 to the appellant on account of his unauthorized absence from the hospital. Northern Railway Central Hospital vide e-mail dated 21st July, 2018 requested the respondent No.1 for withdrawal of the candidature of the appellant on the basis of his unauthorized absence.

5. Vide communication dated 24th September, 2018 the respondent No.1 requested the Northern Railway Central Hospital to allow the appellant to rejoin the course and consider the period of his absence as leave. This communication was made by the respondent No.1 to the hospital on the basis of e-mail received from the appellant requesting permission to rejoin the said course.

6. In reply to the aforementioned communication dated 24th September, 2018, the said hospital on 27th September, 2018, informed the respondent No.1 that the appellant is an employee of the South Delhi Municipal Corporation (SDMC) and was placed under suspension since 1st May, 2018.

7. Thereafter, the respondent No.1 on 14th November, 2018, cancelled the candidature of the appellant on the ground of non-disclosure of information and non-production of No Objection Certificate (NOC) from his employer (SDMC) during the DNB counseling.

8. The appellant appeared in DNB-PDCET, 2020 on 20th December, 2019, and subsequently participated in the First Round of the counseling conducted by the respondent No.1 between 8th May, 2020 to 31st May, 2020. The appellant thereafter was allotted a seat in Swami Dayanand Hospital with specialty of pediatrics. The appellant, however, did not freeze the seat allotted to him in the First Round of counseling and instead opted for Second Round of Counseling.

9. The appellant was informed that he is not eligible for All India Examination – 2020 (DNB-PDCET, 2020) vide communication dated 14th June, 2020 issued by respondent No.1 and his candidature was cancelled. This communication was challenged by the appellant in W.P.(C) 3633/2020.

10. The Second Round of the counseling was conducted by the respondent no. 1 on 30th June, 2020 and the results have already been declared on 2nd July, 2020.

ARGUMENTS CANVASSED BY THE COUNSEL FOR APPELLANT

11. Counsel appearing for the appellant submitted that the judgment and order dated 23rd June, 2020 passed by the learned Single Judge in W.P.(C) 3633/2020 is not tenable at law and several factual aspects of the matter have not been properly appreciated by the learned Single Judge.

12. It is further submitted by the learned counsel for appellant that counting of two years‟ period for appearing i