Delhi High Court has granted relief to two doctors who were denied
admissions by NBE on the account of not producing the original copy of their
MBBS of their MBBS degree at the time of counselling.
The present writ petition arises from the decision of the National Board of Examination (NBE) denying seats to two candidates in postgraduate DNB cour(NBE) denying seats to two candidates in postgraduate DNB course for not producing their original MBBS degree certificates on the date of the final roround of counselling.
NBE based its decision on the provision incorporated in its Handbook for Admission to DNB Broad Specialty Courses which stipulates a list of documents
to be produced in original, failing which the candidate shall not be allowed to participate in the counselling.
There were two Petitioners in this case. One received her MBBS degree within the cut-off period while the other got her’s post the cut-off date.
The NBE defends its decision to deny seats to Dr. Shidore and Dr. Jaya based on the provision incorporated in its Handbook for Admission to DNB Broad Specialty Courses including Direct 6 Years Courses (Post W.P. (C) No. 7255/2019 Page 4 of 42 MBBS) January 2019, Admission Session (hereafter referred to as “Handbook”).
The court observed that “ Isses for consideration is as to whether the denial of a seat to both Dr. Shidore and Dr. Jaya by the NBE was tenable in the context of paragraph 7.4.4(a) (read with proviso of the Handbook)?
The court concluded that “As noticed hereinabove, there are two seats available, one in RCSM Government Medical College, Kolhapur and the other in JLN Hospital & Research Centre, Chhattisgarh. Dr. Shidore has given RCSM Government Medical College, Kolhapur, as one of her choices. Likewise, Dr. Jaya has W.P. (C) No. 7255/2019 Page 42 of 42 given JLN Hospital & Research Centre, Chhattisgarh as one of her choices. This aspect is alluded to in the order dated 13.09.2019.
In Dr. Shidore’s case, since she had obtained her original MBBS degree before the cut-off date, to my mind, the NBE was wrong in rejecting her candidature. Insofar as Dr. Jaya is concerned, she obtained the original MBBS degree certificate after the cut-off date. One would have, perhaps, declined the relief to her if I was convinced that she did not have the necessary qualification and given credence to the reality that the admission process has to close at some point in time. Notably, the NBE in its response dated 24.06.2019 did not advert to the fact that she could obtain the proof of having qualified the MBBS course before the date of joining the allotted institute. Dr. Jaya is now in possession of the MBBS degree certificate. Thus, given the fact that a seat is available which if not allotted to the petitioner would get wasted, I am inclined to direct the NBE to allot a seat in JLN Hospital & Research Centre, Chhattisgarh to Dr. Jaya. The captioned writ petitions are disposed of in the aforesaid terms.”