New Delhi, Jan 19 The Delhi High Court has issued a notice on a plea challenging the restriction imposed by the National Board of Examination (NBE) on candidates who resign or discontinue from a DNB (Diplomate of National Board) Post Diploma course from joining any other DNB course for two years.
A bench of Justice Dinesh Kumar Sharma asked the NBE to file its reply on or before January 23 in the matter.
The plea contended that Clause 2.6 of the 2024 handbook for admission to Post Diploma DNB courses is arbitrary, violates fundamental rights under Articles 14 and 19(1)(g), and disregards exceptional circumstances like verbal abuse and torture faced by the petitioner at the allocated hospital.
The petitioner’s counsel, advocate Tanvi Dubey, contended that the petitioner had duly raised the complaint regarding verbal abuse and torture but no action was taken by the authorities, and the rule is required to be declared unconstitutional and petitioner may be permitted to participate in future DNB counselling or examinations.
The counsel for Raipur’s MMI Narayana Super-specialty Hospital accepted the notice and submitted that the petitioner was merely working at the allocated hospital and has resigned.
As per Clause 2.6: “Candidates who joins DNB (Post Diploma) Course in 2024 admission session, after opting a confirmed seat through DNB Post Diploma Centralized Online Counseling 2024 session shall not be eligible to join any other DNB course for the entire duration of their DNB Post Diploma Course (i.e. 2 years). This shall be irrespective of their resignation or discontinuation from the course due to any reason.”
The plea said that the impugned Clause suffers from the vice of unfairness and arbitrariness since it mentions that “irrespective of their resignation or discontinuation from the course due to any reason “.
The word used, i.e., due to any reason totally excludes the rare and any unfortunate circumstances which forced the petitioner to resign and by imposing such a condition, the NBE is unjustifiably ignoring the torturous environment which led the petitioner to resign.
“The said reasons were beyond the control of the petitioner and were severely affecting the mental health of the petitioner. The petitioner also complained about the same on multiple occasions, however, no cognizance was taken on the same. The bonafide of the petitioner is clear from the fact that the annual fee was already paid by him, for the course,” the petition said.
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