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HIGHER STUDIES OF DOCTORS CANNOT BE DETERRED BY ANYONE, DELHI HC GRANT RELIEF TO DNB GENERAL MEDICINE & ORTHOPEDIC SURGEON ASPIRANT.

The Delhi High Court has allowed the plea filed by Legalmax’s Advocate Mr. Shakti Narayanan. Hon’ble High Court allowed this plea of the doctors and has issued directions to the National Board of Examination to freeze the seats allotted to the doctors and also directed NBE not to carry forward the allotted DNB seats of the doctors in second round of counseling so that they can pursue DNB General Medicine & Orthopedic Surgeon (Broad Specialty) course respectively.
The observation was made by the Delhi bench of Hon’ble Justice Mr. Jayant Nath during a hearing of the Writ Petition filed by the doctors seeking directions from the court to direct Medical Superintendent of their department to give study leave and relieving order and further direction for National Board of Examination to freeze their DNB allotted seats.
Via the petition, the Petitioners submitted and informed the court that they are MBBS doctors working on regular basis in department of Aruna Asif Ali Govt. Hospital, 5-Rajpur Road, Delhi-54 under the Ministry of Health and Family Welfare in the State of Delhi which is a Government organization. Since they wanted to pursue Post Graduate Course in Medical Service, they participated in the competitive examination National Eligibility Cum Entrance Test-PG 2020 and ultimately, they had been selected by National Board Of Examination for admission to the course of Post Graduate in DNB sponsored General Medicine (Broad Specialty) & Orthopedic Surgery respectively. Accordingly, the allotment order was given by the National Board of Examinations, according to which, the petitioner was asked to report to the allotted Institution on 31.08.2020.
In anticipation of such a selection, the petitioners had written an application to the Medical Superintendent of their department to provide them relieving order and study leave for joining their respective courses. However, it was not accepted. As a result, the petitioners were not able to join the allotted Institution till date for the admission to DNB course, for which they were selected. Therefore, in this regard, they had then mailed an application to the National Board of Examination to extend their joining by six weeks but the same was also rejected by National Board of Examination.
Aggrieved, the petitioners had moved the court seeking relief. In response to the petition, Advocate Shakti Narayanan contending on behalf of the petitioners submitted that the Petitioners had taken due permission and No Objection Certificate from the Competent Authority before the counseling and it was clearly mentioned in the No Objection Certificate that if they are allotted a seat during the sponsored DNB counseling 2020, they shall be relieved from the parent department for the duration of Post-Graduation Course and shall also be given the salary as per rules from the parent department. However, contrary to the assurance and the No Objection Certificate the Competent Authority has not so far relieved the Petitioners as a result of which they are unable to join their Merit Sponsored DNB seats. Advocate Mr. Shakti Narayanan argued the matter and added that the Petitioners are estopped by National Board of Examination from their right to join Merit Sponsored DNB seats despite the fact that the Petitioners have already paid the course fee of Rs.1,25,000/-(Rupees one lakh twenty five thousand only) with a view to freeze their allotted seats.
Learned Advocate Mr. Shakti Narayanan submitted that any further delay by the Competent Authority in sanctioning the study leave and relieving the Petitioners, shall result in the Petitioners losing their seat in the PG Course at the respective hospitals.
In response to the petition, the Counsel contending on behalf of National Board of Examination submits that no such kind of NOC has ever given to the petitioners.
After hearing the submissions from both sides, Hon’ble Justice Mr. Jayant Nath noted that chance of studying higher specialty course comes after a great deal of struggle. Hon’ble Justice noted the submission of the petitioners’ counsel that the DNB sponsored training will be another crown to Petitioners. The Counsel Mr. Shakti Narayanan further added that this Petition is an illustration of Petitioners battling for their right. Petitioners are MBBS doctors serving the humanity. He further added that in the field of Medicine, we need more qualified people with updation that alone will help the Society at large, as they can bring so many successes in the field of Medicine for the benefit of humanity.
Further, the Hon’ble Justice Mr. Jayant Nath while disposing of the petition issued a set of directions to the National Board of Examination to freeze the DNB seats allotted to the Petitioners and also directed NBE not to carry forward the allotted seats of the Petitioners in second round of counseling. Hon’ble Justice further directs the Medical Superintendent of Aruna Asif Ali Govt. Hospital who is the first respondent herein to allow study leave of the Petitioners and relieve them to join their sponsored DNB allotted

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