Rajasthan High Court Orders NBE to Release Doctor's Degree, Ends Battle Over Training Period

JAIPUR: In a significant ruling reinforcing the authority of training institutions, the Rajasthan High Court has directed the National Board of Examinations (NBE) to immediately release the degree and certificates of a doctor, Dr. Varsha Sharma. The court held that once the designated hospital certifies the completion of a candidate's training, the NBE cannot withhold their qualifications on technical grounds.

The judgment, delivered by Justice Anoop Kumar Dhand, puts an end to a protracted legal struggle for Dr. Sharma, whose career was stalled despite successfully passing her DNB (Obstetrics and Gynaecology) examination.

Background of the Case

Dr. Varsha Sharma was admitted to the two-year DNB course on June 4, 2019. During her training, she was granted 105 days of sanctioned maternity leave, which led to an extension of her training period. Complications arose when the NBE initially barred her from appearing for her final examination, citing incomplete training.

This prompted Dr. Sharma to approach the High Court for the first time in 2021. The court, through an interim order, allowed her to sit for the exam. In a final order on December 6, 2022, the court directed the NBE to declare her result. The NBE's subsequent appeal to a Division Bench was dismissed on May 31, 2023. Despite these court victories, the NBE only declared her result after she filed a contempt petition, but continued to withhold her Provisional Pass Certificate, Attempt Certificate, and Final Degree.

Arguments from Both Sides

• Petitioner's Argument: Dr. Sharma’s counsel argued that her training hospital, Narayana Multispeciality Hospital, had issued a certificate confirming she completed her training on October 28, 2021. This completion date accounted for her maternity leave and the general three-month extension granted to all students due to the COVID-19 pandemic. With multiple court orders in her favour and a pass result, the NBE had no grounds to withhold her degree, causing her immense mental harassment and hindering career opportunities.

• Respondent's (NBE) Argument: The NBE contended that Dr. Sharma had a shortfall of seven days in her training. They pointed to perceived contradictions in certificates issued by the hospital and maintained that, as per their calculations, her training was incomplete by the examination cut-off date. They argued that because of this shortfall, the degree could not be issued.

Court's Rationale and Pivotal Observation

Justice Dhand, after reviewing the case history and arguments, focused on the definitive role of the training hospital. The court noted that the hospital, following NBE's own guidelines regarding COVID-19 extensions and leave adjustments, had certified the completion of Dr. Sharma's training.

In a crucial passage, the court stated:

"This Court finds that once the hospital has issued a certificate of completion of training in favour of the petitioner, indicating therein that the petitioner has completed her two years training on 28.10.2021, then there was no reason or occasion available with the respondent-NBE to withhold the Provisional Pass Certificate, Attempt Certificate and Final Degree of the petitioner."

The court found the NBE's refusal to issue the degree, despite successive judicial rebuffs, to be unjustified. The judgment effectively establishes that the certification by the accredited training institution regarding the fulfillment of training requirements should be accepted by the examination board, especially after the matter has been adjudicated by the courts.

Final Verdict and Implications

Disposing of the writ petition, the High Court issued a clear and time-bound directive to the NBE.

The court ordered the NBE "to release the Provisional Pass Certificate, Attempt Certificate and Final Degree of the petitioner forthwith, without any further delay, within a period of seven days."

This decision provides significant relief to Dr. Sharma and sets a strong precedent for other medical trainees who may face bureaucratic hurdles from examination boards despite fulfilling their training requirements as certified by their hospitals. It underscores the judiciary's role in preventing administrative bodies from arbitrarily hindering the careers of qualified professionals.