National Board Of Examinations Cannot Confer Any Benefit On Basis Of Qualification Which Is Not Recognized By MCI- Delhi HC Clarifies

The Delhi High Court recently observed that the Post Graduate Diploma in Maternal and Child Health course of Indira Gandhi National Open University (IGNOU/ third Respondent) was never recognized as a qualification by the Medical Council of India (MCI) with National Medical Commission (NMC), and to compel NBE to confer a benefit on the basis of such a qualification by reducing the period of training for Diplomate of National Board (DNB) would propagate a benefit being granted for a course which the regulator did not recognize.

While stating that the case of a regulated profession, such as medicine, was entirely different, a Single Judge Bench of Justice Prateek Jalan declined relief to the doctor-Petitioner who had sought a direction to the National Board of Examinations (NBE) to permit him to participate in the Post Diploma Centralized Entrance Test Counselling (CETC) on the basis of marks obtained by him in the Post Graduate Diploma in Maternal and Child Health (PGDMCH) course completed from the Indra Gandhi National Open University (IGNOU).

Advocate Abhinav Hansaria appeared for the Petitioner, whereas Advocate Farman Ali appeared for the Respondent.

In a brief background, the Petitioner had sought a direction for allotment of a seat in the DNB for Family Medicine (Secondary) course based on marks obtained by him in the PGDMCH course completed from IGNOU. He also preferred an alternative prayer for allotment of a seat in DNB for Obstetrics and Gynecology (Secondary) or Paediatrics (Secondary) course, or a seat in DNB Family Medicine (Primary) course, exempting him from appearing in the entrance exam, and from payment of fee for first year, again based on his PGDMCH qualification. It was the case of Petitioner that PGDMCH qualification entitled him to admission in the DNB-FM course as a Secondary candidate vis-à-vis public notice issued by the NBE, and the 'Guidelines for Competency Based Training Programme in DNB- Family Medicine’, which provided that a holder of the PGDMCH qualification would not be required to appear in the CETC, and could participate in counselling for DNB-FM (Secondary) course. However, when he applied for DNB-FM in the year 2021, NBE did not provide for such a benefit to PGDMCH qualified candidates.

After considering the submission, the Bench observed that the admission to any other Post Graduate DNB course eligibility criteria for DNB-Post Diploma Centralized Entrance Test, required a Post Graduate Diploma recognized by the MCI/NMC, and the Petitioner admittedly did not possess such a qualification.

The Bench stated that the relief sought by the Petitioner could not be granted because the Secondary DNB-FM course had been discontinued by NBE, and that NBE was, in any event, entitled to modify the eligibility criteria in respect of the PGDMCH course.

Referring to the principle had been laid down by the Supreme Court in the case of National Board of Examinations v. G. Anand Ramamurthy [(2006) 5 SCC 515], the Bench reiterated that an academic body’s right to so decide is well established, and the proposition that courts should not sit in appeal over a policy decision is no longer res integra.

While stating that the Petitioner’s alternative prayer for admission in Post MBBS DNB in Family Medicine without taking the NEET-PG examination was unmerited, the High Court observed that the award of an unrecognized qualification could not, in any event, confer a right upon the Petitioner to an admission to a course without taking the basic qualifying examination.

The High Court also refused allotment of a sponsored seat in DNB- Family Medicine to the Petitioner, stating that he was not qualified for the Sponsored seats which were available to government employees.

Accordingly, while refusing to entertain the writ, the High Court held that the Petitioner could not claim a vacant seat for which he is not otherwise eligible, merely on the ground that the seat remains vacant.

Cause Title: Dr. Ankit Sharma v. Union of India & Ors. [Neutral Citation: 2023: DHC 3878]

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