The Court made the interim order absolute admitting the petitioner to the Diagate National Board Course and treating certificate grants as valid, but barred the petitioner from claiming stipend from the respondent.
Interim order dated 30-9-2020 made absolute; admission and grant of certificates treated as valid; but no stipend from 4th respondent.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
WP(C) NO. 17953 OF 2020
PETITIONER:
DR.PAVNEEZ ABDUL RAHMAN
AGED 35 YEARS
D/O. ABDUL RAHMA, ALIF HOUSE,
PARAMMAL ROAD, P.O. MALAPPURAM KOZHIKODE 673 009.
BY ADVS.
K.M.FIROZ
SMT.M.SHAJNA
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO DEPARTMENT OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM 695 001.2 DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, VANCHIYOOR P.O. THIRUVANANTHAPURAM 695 035.3 THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM 695 001.4NATIONAL BOARD OF EXAMINATIONS,
NEW DELHI, MEDICAL ENDAVE, ANSARI NAGAR,
RING RODA, NEW DELHI 10 029
REPRESENTED BY ITS DIRECTOR.
5THE ASSISTANTE DIRECTOR,
TRAINING AND MONITORING DEPARTMENT,
NATIONAL BOARD OF EXAMINATIONS, NEW DELHI,
MEDICAL ENDAVE, ANSARI NAGAR, RING ROAD
NEW DELHI 110 029.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SRI.PREMCHAND R.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17953 OF 2020
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MOHAMMED NIAS C.P, J.
========================
W.P.C No. 17953 of 2020
========================
Dated this the 15th day of March, 2024
J U D G M E N T
The above writ petition is filed with the following
prayers;
“ i. To call for the records leading to Exhibits P1 to P5 and to direct the respondents 1 and 2 to issue 'No Objection Certificate' in the format prescribed by the 5th respondent forthwith for submitting before the 5th respondent for considering the petitioner for Diplomate of National Board (DNB) Course, 2020 by issuing a writ of mandamus or any other appropriate writ, direction or order.
ii. To direct the respondents 5 and 6 to provisionally consider the petitioner for Diplomate of National Board (DNB) Course, 2020 by issuing a writ of mandamus or any other appropriate writ, direction or order.
iii. To direct the respondents 5 and 6 to accept the revised NOC in format from the petitioner till last date for admission for the for Diplomate of National Board (DNB) Course, 2020 Admission Session as prescribed in the hand
..3..
WP(C) NO. 17953 OF 2020
book for the course.
iv. To issue such other writs, orders or directions as this Honourable Court may deem fit and proper in the circumstances of the case. ”
The writ petition is ordered, making the interim order dated 30-9-2020 absolute and treating the admission and the grant of certificates as stated above as valid and regular for all purposes. However, the petitioner shall not
WP(C) NO. 17953 OF 2020
..4..
claim any amount by way of stipend from the 4th
respondent.
Sd/-
MOHAMMED NIAS C.P
LU
JUDGE
WP(C) NO. 17953 OF 2020
..5..
APPENDIX OF WP(C) 17953/2020
PETITIONER EXHIBITS :
EXHIBIT P1TRUE COPY OF SCORE SHEET IN NEET PG
2020 ISSUED TO PETITIONER BY NATIONAL
BOARD OF EXAMINATIONS HAVING ROLL NO.
2066075739.
EXHIBIT P2TRUE COPY OF THE APPLICATION IN FORMAT
PREFERRED BY PETITIONER BEFORE THE
DIRECTOROFHEALTHSERVICES,
THIRUVANANTHAPURAM DATED 09.07.2020.
EXHIBIT P3TRUE COPY OF NO OBJECTION CERTIFICATE
DATED 09.07.2020 ISSUED TO PETITIONER
FROM THE DIRECTOR OF HEALTH SERVICES.
EXHIBIT P4 TRUE COPY OF THE EXTRACT OF THE E-MAIL DATED 19.08.2020 ISSUED BY THE COUNSELING SECTION OF NEET PG 2020 TO PETITIONER.EXHIBIT P5 TRUE COPY OF THE EMAIL DATED 25.08.2020 SEND BY PETITIONER TO DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM.EXHIBIT P6TRUE COPY OF RELEVANT PAGES OF THE HAND
BOOK FOR ADMISSION TO DNB BOARD
SPECIALTY COURSES 2020 ISSUED BY
NATIONAL BOARD OF EXAMINATIONS.
EXHIBIT P7TRUE COPY OF NOTICE DATED 23.08.2020
ISSUED BY THE NATIONAL BOARD OF
EXAMINATIONS, NEW DELHI.
EXHIBIT P8TRUE COPY OF ALLOTMENT LETTER DATED
11.08.2020 ISSUED BY THE NATIONAL BOARD
OF EXAMINATIONS TO PETITIONER.
EXHIBIT P9TRUE COPY OF NOTICE DATED 06.09.2020
ISSUED BY THE NATIONAL BOARD OF
EXAMINATIONS.
EXHIBIT P10TRUE COPY OF THE NOTICE DATED
12.09.2020 ISUED BY THE NATIONAL BOARD
OF EXAMINATIONS EXTENDING TIME FROM
15.09.2020 TO 30.09.2020.
EXHIBIT P11TRUE COPY OF THE COMMUNICATION DATED
28.09.2020ISSUEDFORIQRA
INTERNATIONAL HOSPITAL AND RESEARCH
CENTRE TO THE PETITIONER.
WP(C) NO. 17953 OF 2020
..6..
EXHIBIT P12A TRUE COPY OF THE SAID NOTICE DATED
14.3.2023 ISSUED BY THE NATIONAL BOARD
OF EXAMINATION IN MEDICAL SCIENCES
EXHIBIT P13A TRUE COPY OF THE SAID APPLICATION (ID
NO 23100917) SUBMITTED BY THE
PETITIONER ONLINE FOR DNB FINAL THEORY
EXAMINATION, APRIL, 2023
EXHIBIT P14A TRUE COPY OF THE DNB TRAINING
COMPLETION CERTIFICATE (FINAL) DATED
29.9.2023
EXHIBIT P15A TRUE COPY OF THE MARK SHEET OF
DIPLOMATENATIONALBOARDDATED
8.11.2023ALONGWITHENGLISH
TRANSLATION
EXHIBIT P16A TRUE COPY OF THE PROVISIONAL PASS
CERTIFICATE OF DIPLOMATE NATIONAL BOARD
DATED 8.11.2023 ALONG WITH ENGLISH
TRANSLATION
// True Copy // PA To Judge
2 issues framed by the court
Whether the interim order admitting the petitioner to the DNB Course and granting certificates should be made absolute.
Whether the petitioner can claim stipend from the respondent during the course.
DR. PAVNEEZ ABDUL RAHMAN
THE STATE OF KERALA
DIRECTOR OF HEALTH SERVICES
THE DIRECTOR OF MEDICAL EDUCATION
NATIONAL BOARD OF EXAMINATIONS
THE ASSISTANTE DIRECTOR, TRAINING AND MONITORING DEPARTMENT
MOHAMMED NIAS C.P
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court