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Bombay HC dismisses petition challenging admission to medical course

Mere joining a college is not sufficient but grant of registration number by National Board of Examinations is a condition precedent for valid registration to DNB programme, the Court ruled

Mumbai: The Bombay High Court has dismissed a petition filed by a city-based medical student challenging the decision of Delhi-based National Board of Examinations (NBE), refusing registration of his admission to Diploma National Course in Radiology, reports PTI.

The first advertisement for the course which was to commence from August 2009 was given on 14 June 2009. There was no response to the said advertisement due to spread of swine flue in Pune. For the NBE, the last date to enroll for the seat was 14 August 2009.

The second advertisement for the said vacant post was given on 22 August 2009, by Pune-based Lokmanya Medical Foundation which conducts the course. Thus, the advertisement was given after the due date of enrollment. Pursuant to the advertisement, the petitioner filled up the form. Though cut-off date was 17 August 2009, he joined the course on 10 September 2009. Thus, there was a delay of 23 days.

The NBE objected to it and refused the registration of the petitioner for the DNB (Diploma in National Board) course through its letters of 5th and 22 February 2010.

The petitioner had challenged the communication in the petition and the Court had ordered status-quo as of that date (22 March 2010), to be maintained. It continued till date.

Hemant Surve along with AJ Kandharkar, who appeared for the petitioner, argued that it was not the fault of the student for which he has to suffer in his career. After the advertisement, the petitioner had responded promptly and was admitted for the course. He was not informed that the admission was provisional and hence the decision to refuse registration was unjust, they submitted.

Girish Kulkarni along with Sandeep Waghmare on behalf of the Institute admitted that the advertisement was issued after the due date of the enrollment mentioned by National Board of Examinations. They submitted that all admissions for the DNB course are provisional till these are approved and registered by National Board of Examinations.

They further said that after the first advertisement there was no response from the candidates due to swine flu and therefore after the first advertisement the Institute had to issue second advertisement to fill up the vacant post.

The Counsel said that the application of the petitioner was forwarded by the Institute with a request for registration which could have been considered by the Board.

Counsel for the National Board of Examinations categorically stated that there was a public notice issued by the Board on 2 April 2009, wherein the last date of the enrollment for DNB seat was mentioned as 14 August 2009.

He drew the attention of the Court to the guidelines laid down by the National Board of Examinations in respect of the admissions and the enrollment.

The Counsel said that public notice of 2 April 2009 gives a time-bound programme framed by National Board of Examinations. There is a reference of prescribed guidelines.

Clause 6 states that 14 August 2009 was the last date of enrollment. Clauses 14 and 17 state that mere joining a college is not sufficient but grant of registration number by National Board of Examinations is a condition precedent for valid registration to DNB programme.

"Thus the decision to refuse registration cannot be said beyond the direction or guidelines set by the Board especially in the light of specific declaration of the last date of enrollment," observed Justice Mridula Bhatkar and Justice SA Bobade recently while dismissing the petition.


Life Exclusive
Flying troubles? Blame it on Sharad Pawar or shared power!

Despite being a shrewd politician for decades, Sharad Pawar continues to be blamed for any issue that goes out of control. The current blame game is in the skies

I have a friend. He is a sceptic and critic. Sometimes, I have a feeling that may be God has given him some extra brains that can connect something with anything or everything. Of course, some in our group think he is, what is called a pucca 'bheja-fry'. But on rare occasions he can leave everyone astonished and at a loss for answer with his weird and wacky questions. So don't take him seriously... but then, maybe one shouldn't take him too lightly either.
Just the other day, when he bumped onto me, his immediate question was, 'Who is the king of Indian aviation? Who really calls the shots in all our airlines? I first thought aloud about the 'Maharaja' and who control him, the then the blue seabird and its master-the King of Good Times, but he shot back-"You don't even know. This is very easy. It is Sharad Pawar". I was stumped. "How so?" I asked.

His answer: Mr Pawar controls the Indian aviation, just like he controls cricket, agriculture and the state of Baramati. You forgot the Nationalist Congress Party (NCP), Pawar's political outfit, I shot back. He said, "No. I haven't forgotten the NCP. You see, controlling a political party like the NCP, where everyone wants to be called a 'leader', is difficult. So what Pawar does is smarter; he controls or at least appears to control the leaders of leaders."
Confused, I said, "But how this is related with aviation? I know that he is a farmer from Baramati, he was president of the Board of Cricket Control of India (BCCI), which controls cricket and the controversial Indian Premier League (IPL), he had blessed joint ventures with Vijay Mallya to make wine (Baramati Grapes), but I don't know of his personal interest in the aviation business".
Giving me a look that sneered at my ignorance, my friend, the sceptic, said, "It was the power of Pawar that helped Praful Patel ruin the aviation ministry and help many friends to fly high." "You mean to say rule, right?" I asked. "No," he said. "While the Maharaja was doddering, Indian Airlines was back to giving stiff competition to the private sector airlines under chairman Sunil Arora. Flights were on time, service was good and the many 'pawar'ful private sector competitors were getting a run for their money".

"There was no way that anyone was going to jet to supremacy of the domestic skies, or rule the good times until Indian Airlines was on the comeback trail. So some pawar-play was required. Arora was removed and Indian Airlines was permanently crippled with the disastrous merger with Air India," my friend said.

In 2007, the combined loss of both Air India and Indian Airlines was Rs770 crore. At present, its operating loss alone is about Rs1,700 crore. "Do you know why Air India changed its plan to buy 18 small planes in short-range and 10-medium capacity planes to 50 medium capacity long-range planes? The whole deal was completed in just seven month as soon as Patel was made aviation minister," my friend continued.

The same thing is also revealed by the Comptroller and Auditor General of India (CAG), in its report. The CAG report said, "Government conveyed its approval on 30 December 2005 and the contract was signed by Air India with Boeing on the same day. From the receipt of the proposal to the signing of contract took seven months. Many of the key assumptions underlying the revised project report (for 50 long-range aircraft) were flawed".

According to information from the net, during that period, the King of Good Times was also on shopping spree and in 2005 alone he placed orders to buy about 48 planes from Airbus. Do you mean at present, Airbus would be crying for not been able to make sell the planes? I asked. "Hell, No. In fact, they would be happy because if Kingfisher is not going to take deliveries and pay the money, then they (Airbus) can speed up deliveries to others who are ready to pay," the sceptic gave me another dose of 'gyaan'.

But, what all this has to do with Pawar and the current situation in India airspace, I asked. "See, the King of Good Times is a good friend of Pawar and subsequently of Patel. So if he is in trouble or the sea flying bird is in trouble, it should extend to others as well. So the Maharaja has also fallen ill and its flights are in cancelled mode," the sceptic blurted out. "Do you know one more thing?" he whispered. "The Maharaja is also under the control of Pawar. And his blue-eyed Bunty is calling the shots in the pilots' strike," he said.
"This is too much. How can you blame Pawar for everything? Whenever there is some or the other issue like inflation, price rise of essential commodities, Indian cricket team losing, Mumbai not getting adequate water or roads are full of potholes, everyone wants to put the blame on him. Why?" I asked.
As an ardent believer is simple things, I think in simple terms. For example, although Pawar is a farmer, he is not selling his agriculture produce to you and me directly. It is the traders who buy from the farmers and then sell it at higher prices to retailers who in turn sell it for you and me at much higher rates. The poor 'sabjiwala' also has to support employees of local municipality and police as they are dependent members of his extended family. So if not from us then from where he will generate money for that 'hafta'? And yet, people like my friend blame Pawar for the sky-rocketing prices of vegetables and foodgrain.
The sceptic, however, was not in a mood to relent. "You see, the King of Good Times is really not having good times in the skies. In fact his buffalo is in the water. So it is the duty of friends, to force other buffalos in taking a dip in the water, for the sake of good times. This is why pilots from both the airlines are falling sick," he tried to explain.
"And do you know, Bunty is not even a pilot and yet he is leading the squadron from the front. Do you think he can guide the squadron and land safely without any help from Pawar?" my friend whispered.
OMG, I thought, this is really getting very haywire. As I remember, almost every union, be it labour or pilots, is headed by a politician. Why then blame Bunty? As I read somewhere, his aspirations are to become a minister in Thane, sorry, in Maharashtra. But may be his party colleagues have different thoughts and so they propelled him to lead pilots. This way if he lands safely, then he can be accommodated in the capital else they can blame him for the defeat and sideline him. Both ways the leaders of leaders would be happy.
The sceptic friend was still not willing to let me go. He said, "Do you know what the King of Good Times told his ailing pilots? He told them either accept whatever salary I am giving and whenever I am giving, or else I will ask Bunty to lead your union. And see the result, all the sick pilots immediately become fighting fit and are back on duty."
Now my head is really swinging. Before I faint, you please move away from this crocked sceptic and critic. And don't take him lightly… I mean don't take him seriously…          
You may also want to read…
Pawar and Mallya: Four Seasons later
Arvind Kejriwal sticks to his stand on corrupt parliamentarians



Ravindra S Vadke

5 years ago

Blame his party symbol. CON-gress may b DAS NAMBARI but, NCP is DOUBLE DAS NAMBARI.

Nagesh Kini

5 years ago

Great report Yogesh!
You have chosen the very apt pic.
Why did the King of Good Times choose only three Union Ministers?
Was this taken on a flight to Tirupati that Mallaya takes for each acquisition?
How is Pawar responsible for the Air India and King Fisher mess?
With Civil Aviation under his pal - he parted with all high revenue yielding routes to all private players at the cost of the PSU.
The unthoughtful merger of AI-IAC with distinctly varied work cultures has landed both in a shoddy mess.
Patel at one time wanted wine served as a non-alcoholic 'beverage in domestic flights!
Why have more Dreamliners been ordered? What are kickbacks?
The IPL are Indian Paisa Leagues with practically every Indian industrialist from Ambanis to Wadias to Srinivasan and Subrotos and Bollywood big wigs dishing crores.
with no quid pros?
Forget the suiciding Indian farmer, a couple of them dying doesn't make a difference said SP once. Cricket first Agri. last!

a v moorthi besides TIHAR

5 years ago

Don't expect any thing better from Pawar. He can stoop to any extent to fulfil his needs. he became CM of Maharashtra in 1978 by splitting the Congress and headed the PDF Govt by joining hands with Janata Party. Indira Gandhi never forgave him , he could rejoin Congress only after her death. In 2009 LS polls he was the trojan horse in UPA did not have guts to leave UPA but unfortunately Congress did better and NCP was left sucking thumb. He cannot openly come out wit his frustration of not being able to become PM at least till Sonia is powerful and manages Congress. Ever since Shashi Tharoor was sacrificed by Congress in IPL scam it in a way ensured Pawar is trapped because of FEMA violations by his daughters family in broadcasting deals with Sony. Pawar will get chance to sabotage Congress candidate if Sangma is adopted as a United opposition candidate for President of India


5 years ago

I really do not know why the NCP of Sharad Pawar, (who is otherwise a creative person), is bent on destroying Air India, for the last 10-12 years first with Praful Patel as Aviation Minister and now Bunty Avhad as the President of Indian Pilots Guild.
Is there some ulterior plan. In case of NCP there can be a plan to help someone benefit from the troubles of Air India and the benefit is shared??


sohan modak

In Reply to Ravindra 5 years ago

Sure, both Vijay Mallya and Naresh Goel are waiting in wings till the Government is forced to allow direct controlling FI in aviation. Besides, right now h KF and Jet are controlled by FIs in Mauritus and Middle east with Mallya and Goel as namesakes...

sohan modak

5 years ago

This is sstonishingly close to what I have been thinking during past 3 years. Ant it is not enough. Patel Pawar combine have been out to destroy Post and Telegraph by promoting cpribvate courrier services and downgrading the postal staff. It is Pawar who has ruined the agricultural produce and prices in our country. it is Pawar and his cronies who have been opposing sugar beet plantations that yield crops in 5 months as compared to sugar cane that reqauires 12-14 months and consumes 100 times more water and huge amounts of fertilizers and pesticides thereby fouling our agricultural land. It is under Pawar that the food grain stocks rot in open air godowns. Al this to loot the country by creating perrenial shortages and alternating export-import regimes to make money on export subsidies and commission on imports. But, looks like that is what India wants....



In Reply to sohan modak 5 years ago

I fully agree with sohanji. The best part is no one has the guts to question pawar though he is on a looting spree. Specially mainstream Media. He is the one responsible for such high inflation in food. And after siphoning off every penny from Air India, he has been handed Heavy Industries to loot. Congrees too has stooped to such low levels that along with its allies, it does not mind taking away all resources of this country. Everyone knows AIR INDIA has reached this stage only because of Praful Patel/Sharad Pawar.


In Reply to sohan modak 5 years ago

Dear Mr Sohan you are absolutely correct. This person is trying to introduce such kind of products only.

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