NATIONAL BOARD OF EXAMINATIONS, REPRESENTED BY ITS DIRECTOR, NEW DELHI v. TEENA PETER, W/O. SAVIO MATHEW
2017-01-12
ANIL K.NARENDRAN, MOHAN M.SHANTANAGOUDAR
body2017
DigiLaw.ai
JUDGMENT : Mohan M. Shantanagoudar, J. The judgment dated 20.07.2016 in W.P(C) No.5011 of 2016 is called in question in this appeal by respondents 1 to 3 therein. 2. By the impugned judgment, learned single Judge has allowed the writ petition filed by the first respondent, the writ petitioner, and quashed Exhibits P8 and P10 communications issued to the first respondent. The appellants were directed to declare the result of the practical examination of the first respondent and issue DNB certificate, if she has passed the practical examination undergone by her. 3. The first appellant, National Board of Examinations (NBE) is monitoring training programme in Diploma of National Board ('DNB', for short), which is equivalent to MRCP and FRCS. The duration of DNB is for three years. MBBS holders can join the DNB Course, after successful completion of entrance test. The first respondent joined the DNB Course in the year 2012 and she was undergoing training in the second respondent hospital for DNB Anesthesiology. The schedule of 2015 examination was announced as per Exhibit P2 Information Bulletin. The theory examination was scheduled to take place in June, 2015 and the practical examination in the months of September/October/November, 2015. As per Exhibit P2 [clause (4.1)-eligibility], the cut off date prescribed for completion of the training was 15.11.2015. The candidates, who would submit their provisional training completion certificate stating that they would complete their training by 15.11.2015, were to be permitted to appear for the examinations. Such provisional certificate is to be submitted by the candidates in Annexure III format annexed to the Information Bulletin. The first respondent submitted provisional certificate in Annexure III, duly issued by the Medical Trust Hospital, on 22.04.2015, as is evident from Annexure R2. The candidates were also required to submit their final training completion certificate as per Annexure IV, within 15 days of completion of the training. Likewise, the first respondent submitted the said certificate (as per Annexure R3) on 05.01.2016 making it clear that she has completed the mandatory period of three years training on 03.01.2016 and this includes 45 days leave approved by the first appellant as per their letter dated 09.10.2015. It is relevant to note that after the theory examination, the first respondent could not attend the DNB training from 01.08.2015 to 15.09.2015 owing to Hyperemesis Gravidarum (illness related to pregnancy).
It is relevant to note that after the theory examination, the first respondent could not attend the DNB training from 01.08.2015 to 15.09.2015 owing to Hyperemesis Gravidarum (illness related to pregnancy). Consequently, she applied for medical leave, which was granted by the first appellant. These facts are not in dispute. 4. The letter sanctioning the leave of the first respondent, issued by the first appellant dated 09.10.2015, is produced at Exhibit P4, which makes it clear that the leave from 01.08.2015 to 15.09.2015 availed by the candidate on medical ground has been considered and accepted by NBE and the DNB training of the candidate is to be extended in compliance of the prescribed NBE leave rules. 5. The eligibility of DNB final examination shall be determined strictly in accordance with the criteria prescribed in the Information Bulletin of the respective session. Thus, it is beyond doubt that the NBE have sanctioned leave to the first respondent in compliance of the prescribed NBE leave rules. In view of such grant of leave, the training period of the first respondent was extended upto 03.01.2016. During the interregnum, i.e., during the extended period of training, the first respondent was permitted to appear for the practical examination on 05.11.2015. Consequently, she appeared for the examination. However, the result of the practical examination was withheld on the ground that the first respondent could not complete the training on or before the cut off date of 15.11.2015 prescribed in Exhibit P2 Information Bulletin. Exhibit P8 is the result of the practical examination and Exhibit P10 is the communication issued by the third appellant in this regard. 6. The sum and substance of the case of the appellants is that the first respondent could appear for practical examination only on the next academic year, i.e. after 03.01.2016. 7. Learned single Judge, on going through Exhibit P2 Information Bulletin as well as the rules and regulations, concluded that the first respondent is entitled to the relief of declaration of her results. 8. Learned counsel for the appellants, taking us through the material on record, submits that the Information Bulletin clearly reveals that a candidate, who had appeared for practical examination on the basis of the provisional training completion certificate, who has completed the mandatory training only after the cut off date of 15.11.2015, is not entitled for declaration of the result of the practical examination.
Since the period of training was extended upto 03.01.2016, that too, at the request of the first respondent, it is not open for the first respondent to seek declaration of the result of the practical examination. 9. Per contra, the learned counsel for the first respondent argued in support of the judgment of the learned single Judge. 10. Undisputedly, the first respondent was granted leave by the first appellant, as is clear from Exhibit P4 order dated 09.10.2015. It is also not in dispute that the first respondent was permitted to appear for the practical examination, without raising any objections by anybody, including the appellants. It is also not in dispute that the first respondent has appeared for theory papers and she has passed in all the theory papers of the year 2015. Learned single Judge has rightly concluded that the leave granted by the first appellant under Exhibit P4 is in accordance with Rule 8 of Exhibit P3 Rules. The reason stated in Exhibit P10 for withholding the results of the practical examinations of the first respondent is that the first respondent had completed the training only after the cut off date, i.e., 15.11.2015. Such a view taken by the appellants is too technical as well as against the purport of the relevant Rules and the clauses of the Information Bulletin. 11. It is no doubt true that in the normal course, the practical examination would be allowed only if the candidate completes the training in DNB Course. Exhibit P3 Rules disclose that a female candidate is permitted to avail maternity leave for 90 days once during the entire DNB Course. Any other leave is not permissible and if a candidate takes leave, the same will lead to extension/cancellation of the DNB Course. Rule 8 of Exhibit P3 Rules further clarify that any extension of DNB training for more than two months beyond the scheduled completion date of training is permissible only under extra-ordinary circumstances with the prior approval of NBE. In the matter on hand, admittedly, leave was granted in favour of the first respondent. Consequently, the training period is extended. 12.
Rule 8 of Exhibit P3 Rules further clarify that any extension of DNB training for more than two months beyond the scheduled completion date of training is permissible only under extra-ordinary circumstances with the prior approval of NBE. In the matter on hand, admittedly, leave was granted in favour of the first respondent. Consequently, the training period is extended. 12. The relevant clause of eligibility criteria as found in Exhibit P2 Information Bulletin reads thus: "Candidates not completing their DNB training at the time of submitting the application are required to submit provisional training completion certificate as per format in Annexure-III along with leave records and also required to submit Annexure-IV within 15 days of completion of their training. Such candidates shall be provisionally allowed to appear for DNB Examination at sole discretion of NBE and subject to compliance of eligibility criteria prescribed." 13. A bare reading of the aforementioned clause makes it amply clear that a candidate shall be provisionally allowed to appear for the DNB final examination at the sole discretion of NBE and subject to compliance of eligibility criteria prescribed, if they submit the certificates in Annexures III and IV. As mentioned supra, the certificate as per Annexure III format shall have to be submitted by the candidate prior to the completion of training period whereas the certificate in Annexure IV format needs to be submitted by the candidate after completion of the training period. In both the certificates, the first respondent has not suppressed any facts. Annexure IV clearly reveals that the first respondent was granted 45 days leave and consequently, the training period was extended upto 03.01.2016. At the time of submitting certificate as per Annexure III, (the date of submission of Annexure III was on 22.04.2015), the first respondent need not visualise that she would take leave after six months and, therefore, she has clearly mentioned in the certificate as per Annexure III that she would be completing three years training on 10.10.2015. 14. Be that as it may, since the appellants had granted 45 days leave in accordance with the Rules in favour of the first respondent and as they have already permitted the first respondent without any objection, to appear for the practical examination, in all fairness, the results of the practical examination of the first respondent need to be declared forthwith.
Be that as it may, since the appellants had granted 45 days leave in accordance with the Rules in favour of the first respondent and as they have already permitted the first respondent without any objection, to appear for the practical examination, in all fairness, the results of the practical examination of the first respondent need to be declared forthwith. As mentioned supra, the results of the theory examination are already declared and the first respondent has passed in the said examination. To be on the safer side, the first respondent has appeared for the examinations in the next academic year also, i.e., 2016 and she has passed in the theory examination. Unfortunately without any reason, the result of practical examination of 2016 is withheld by the first appellant. 15. Since the first respondent is entitled to get the result of the practical examination in which she had appeared in the year 2015, the result of the said examination shall be declared forthwith, as directed by the learned single Judge. It is needless to observe, the result of the practical examination of 2016 also shall be declared only for academic purposes. This order shall be complied with, within a period of one month from the date of receipt of a copy of this judgment. Appeal stands dismissed.