Full Text
HIGH COURT OF DELHI
W.P.(C)6566/2018& CM APPL.25062/2018
^W.P.(C) 6806/2019 with CM APPL. 28467/2019, CM APPL
4834/2021 DR ANIRBAN BHAUMIK Petitioner .
Present:- Mi-; A.P.Dhamija,Advocate with Ms.Tanya Sharma,Advocates for the petitioner in item nos.54 and 55
Mr.DevP Bhardwaj,CGSC for R-l/UOI in item nos.54 and 55
Mr.Kirtiman Singh,Advocate forNBE.
Mrs.Avnish Ahlawat,Standing Counselfor GNCTD with Mr.Nitesh Kr.
Singh,Ms.Palak Rohemetra,Advocates for R-3 in item nos.54-55.
11.10.2021 The proceedings in the matter have been conducted through video conferencing.
ORDER
1. W.P.(C)6566/2018 was filed by the petitioner for a direction upon the respondent-National Board ofExaminations["NBE"]to permit him to participate in the mop-up round ofcounselling for the year 2018,for admission to the Diplomate ofNational Board(Post MBBS)course. By virtue ofan interim order dated 11.06.2018,the petitioner was permitted. Signature ^lid JUSTKW W.P. (C)6566/201S cfe W.P. (C)6806/2019 2021:DHC:4419 subject to the outcome of the writ petition, to participate in the counselling scheduledto be held on 12.06.2018.
2. Pursuantto this counselling,the petitioner was admitted to the Dr. Baba Saheb Ambedkar Plospital, Government of NCT of Delhi ["the Hospital"]forthe course in question and permitted to take examinations by virtue of various interim orders passed by this Court. By an order dated 31.05.2019,the Hospital debarred the petitioner from contmuir^ the course. The petitioner challenged this order by way of W.P.(ct 6806/2019. The order dated 31.05.2019 was stayed by this Court on 09.10.2019.
3. Duringthependencyofthese petitions,thepetitionerhasjoinedthe DNB (Post MBBS) course and taken the theoiy and practical examinations underinterim ordersofthe Court.However,the petitioner's training was interruptedforthe period 31.05.2019to 07.11.2019.Results of his final theory and practical examinations have been placed m a sealed cover before the Court.
4. In view ofthe peculiar facts ofthis case, that the petitioner ha^ continued in the courseforthe period ofalmostthree years-which isthe duration ofthe course - under the orders ofthe Court, arid he has also taken the examinations,I am ofthe.view thatthe writ petitions may be disposed ofpermittingthe petitionerto completetheremaining period of training,after deductingthenumberofdaysleavestillavailableto him.
5. The NBE will inform the petitioner as to the number of days of training remaining to be completed. For this purpose, the NBE will coordinate withtheHospitalandthe petitionerto determinetheremaining numberofdaysoftraining.Uponcompletionoftheperiod oftraining,the Signature^lid JUSTl^/7 PRAT^J^LAN W.P.(C)6566/2018& W.P.(Q 6806/2019 ^ petitioner's theory results will be declared by the NBE. Subject to the petitioner passing the theory examinations, the practical examinations result will be declared.
6. Having regard to the facts and circumstances ofthe cases,the writ petitions, alongwith all pending applications, are disposed ofin terms of these directions. TV k OCTOBER 11,2021 T PRATEEK JALAN,J W.P.(C)6566/2018& W.P.(C)6806/2019 Signature ^lid JUSTICE PRATEEK TALAN Page^ of[3]