[2025:RJ-JP:34237]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14717/2023 Dr. Varsha Sharma W/o Dr. Vijendra Sharma, Aged About 33 Years, R/o Pukhraj Plaza, Near Radhadamodar Mandir, Maha Mandir Road, Parsuram Park, Ward No.29, Sikar Rajasthan ----Petitioner Versus

1. Joint Director, (Medical) National Board Of Examinations Medical Enclave, Ansari Nagar, Mahatma Gandhi Marg Ring Road, New Delhi-110029.

2. Narayana Multispeciality Hospital, Sector-28 Kumbha Marg, Pratap Nagar, Jaipur Through Its Clinical Director.

----Respondents For Petitioner(s) : Ms. Suman Sharma For Respondent(s) : Mr. Ajay Shukla Mr. Krishan Mohan Mathur JUSTICE ANOOP KUMAR DHAND

Order

28/08/2025

1. By way of filing this writ petition, a prayer has been made by the petitioner to issue direction to the respondents to release the petitioner’s Provisional Pass Certificate, Attempt Certificate and the final Degree of DNB specializing in Obstetrics and Gynaecology to her and a further prayer has been made for issuing a direction to the respondents to pay Rs. 50 Lac, as compensation to her for the mental harassment caused by the respondents in hindering the career opportunities of the petitioner.

2. Counsel for the petitioner submits that on 04.06.2019, the petitioner was granted admission in the two years DNB training course specializing in Obstetrics and Gynaecology through the Na- tional Board of Examinations in Medical Sciences. Counsel submits that during the course of the aforesaid training, the petitioner ap- plied for 105 days of Maternity Leave and the same was sanc- tioned by the National Board of Examinations (NBE) vide order dated 05.08.2019. Counsel submits that because of the Maternity Leave, the training period of the petitioner was extended however, she was not allowed to appear in the examination. Counsel sub- mits that under these circumstances, the petitioner approached this Court by way of filing S.B. Civil Writ Petition No. 3505/2021 wherein an interim order dated 17.03.2021 was passed directing the respondents to allow the petitioner to appear in the examina- tion and finally, the said writ petition was allowed by this Court vide order dated 06.12.2022, and the respondents were directed to declare the result of the petitioner within a period of two weeks. Counsel submits that the aforesaid order dated 06.12.2022 passed by the Co-ordinate Bench of this Court was assailed by the re- spondent-NBE by way of filing D.B. Special Appeal Writ No. 54/2023 before the Division Bench of this Court, however the said appeal was rejected by the Division Bench vide order dated 31.05.2023. Counsel submits that while deciding the aforesaid ap- peal, the Division Bench has taken note of the fact that the cut off date was extended upto 30.09.2021 and the petitioner has com- pleted her DNB-Obstetrics and Gynaecology training on 24.10.2021. Counsel submits that inspite of the above, when the result of the petitioner was not declared, a contempt petition was filed by the petitioner and during the pendency of the said con- tempt petition, the result of the petitioner was declared on 06.07.2023. However, inspite of declaration of the result of the pe- titioner, till date the respondents have not issued any Provisional Pass Certificate, Attempt Certificate and Degree to the petitioner, hence, appropriate directions be issued to the respondents in this regard.

3. Per contra, counsel for the respondent-NBE opposes the ar- guments raised by counsel for the petitioner and submits that the petitioner has not completed her two years training of DBA-Ob- stetrics and Gynaecology course as she has taken 123 days leave during the course of her training. Counsel submits that as per the record, the petitioner’s two years training would not be completed before 05.11.2021, however two contradictory certificates were is- sued by the Narayana Multispeciality Hospital wherein two differ- ent dates of completion of the training by the petitioner were