Writ appeal filed challenging the dismissal of a writ petition seeking permission to participate in the final DNB examination. The High Court upheld the Single Judge's view that the eligibility criteria in the Information Bulletin restrict participation to candidates from Indian universities, regardless of teaching qualification rules. Appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W. A. No. 1251 of 2021 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 10TH DAY OF NOVEMBER 2021 / 19TH KARTHIKA, 1943 WA NO. 1251 OF 2021
AGAINST THE JUDGMENT IN WP(C) 30838/2019 OF HIGH COURT OF KERALA, ERNAKULAM
APPELLANT/S:
DR.ANEESH .K.M. AGED 41 YEARS A13, KAIKARA HOUSE, PANDIT COLONY, KOWDIAR P. O., THIRUVANANTHAPURAM, KERALA - 695 003. BY ADVS. AYSHA YOUSEFF MOLLY JACOB JOBI.A.THAMPI M.KABANI DINESH C.M.EBRAHIM SHOUKATH HUSAIN
RESPONDENT/S:
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
10.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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J U D G M E N T
Shaji P. Chaly, J.
This appeal is filed by the petitioner in W. P. (C) No. 30838 of 2019, challenging the judgment of the learned Single Judge dated 22.11.2019, whereby the following relief sought for by the appellant was declined:-
“to issue a writ of mandamus or any other appropriate writ or order directing the respondents to permit the petitioner to participate in the final DNB examination as contemplated in Exts. P2 to Ext. P7.”
Judge reads thus:-
“5. Clause 4.3.2 of Ext.P5 Information Bulletin dealing with the qualification required for undertaking the final DNB examination reads thus :
“Candidates who have passed the final examination leading to the award of Post Graduate Degree from Indian Universities which are duly recognized as per
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provisions of Indian Medical Council Act 1956 and MD/MS degree has been awarded on or before 30th September 2019 can apply for the DNB Final examination in the same broad specialty”.
The petitioner admits that only those who have passed the final examination leading to the award of Post Graduate Degree from Indian Universities which are duly recognized as per the provisions of the Indian Medical Council Act, 1956 are entitled to undertake the DNB final examination in the same specialty. His contention is only that in the light of Ext.P2 amendment made to the Regulations, he is entitled to write the final DNB examination. The short question therefore, is whether Ext.P2 amendment to the Regulations would enable the petitioner to write the final DNB examination. The Regulations are issued by the Medical Council of India prescribing the minimum qualifications for teachers in medical institutions. Ext.P2 is an amendment made to the Regulations with effect from 7.3.2017, in terms of which the earlier prescription for point No.7 in Schedule II was substituted thus:
"if a person with postgraduate medical qualification awarded in United States of America, United Kingdom, Canada, Australia & New Zealand desires to take up teaching appointments in medical college, his/her qualification can be considered as equivalent qualification with MD/MS/DM/M.Ch as the case may be, for the post of Assistant Professor in respective department in Medical College in India. Further, promotions would be as per Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998".
It is evident from Ext.P2 that the PostGraduate medical
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qualifications from United States of America, United Kingdom, Canada, Australia and New Zealand would be considered as equivalent to MD/MS/DM/M.Ch, as the case may be, for appointment to the post of Assistant Professor in Medical Colleges in India in the respective departments. The same does not confer such degree holders a right to undertake the final DNB examination, the basic qualifications of which are prescribed in Ext.P5 Information Bulletin.
The writ petition, in the circumstances, is without merits and the same is, accordingly, dismissed”.
the definition made in Rule 2 of National Board of Examinations in Medical Sciences Rules and Regulations, Medical Institutions means an institution within or outside India which grants degrees, diplomas or license in medicine and therefore clause 4.3.2 in the information bulletin - Exhibit P5 that candidates who have passed from Indian Universities can only apply for the DNB examination is contrary to its own rules.
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medical qualification awarded in United States of America, United Kingdom, Canada, Australia and New Zealand, desires to take up teaching appointments in Medical College, his / her qualification can be considered as equivalent qualification with MD / MS/ DM / M.Ch, as the case may be, for the post of Assistant Professor in respective department in Medical Colleges in India, and therefore the stipulation contained under Ext. P5 that the qualification required for admission to DNB only for the students who have secured MD from any of the Indian Universities cannot be sustained under law.
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qualification, and has recorded the same as Sl. No. 18774 in Book No. 651 on 11.03.2013 and granted registration to the appellant. Therefore according to the appellant there is no logic in not accepting the said qualification as a suitable one for the instant requirement for DNB examination.
On an analysis of the facts and circumstances, we do not think the petitioner has made out any case for interference with the
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judgment of the learned Single Judge, there being no jurisdictional
error or other legal infirmities justifying us to do so in an intra court appeal.
Needless to say, writ appeal fails. Accordingly, it is dismissed.
Sd/S. MANIKUMAR CHIEF JUSTICE
Sd/SHAJI P. CHALY JUDGE
///TRUE COPY/// P. A. TO JUDGE
Eb
2 issues framed by the court
Whether a petitioner holding a postgraduate qualification from a foreign university (FRCR, UK) can participate in the final DNB examination under the Information Bulletin.
Whether the amendment to the Minimum Qualifications for Teachers in Medical Institutions Regulations permits foreign qualifications for DNB final examinations.
Dr. Aneesh K.M.
Union of India
National Board of Examinations
Medical Council of India
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
