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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.

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