Doctor challenges NBE Order Cancelling Post MBBS Diploma Admission, HC junks Plea

New Delhi: The Delhi High Court recently dismissed a plea challenging an order issued by the National Board of Examinations holding that it did not have the territorial jurisdiction to adjudicate the same.

NBE had cancelled the admission of the petitioner's admission to the NBEMS Diploma Course for the 2023 Session, citing delayed joining of the course. When the petitioner challenged the NBE's order dated 19.09.2024 before the High Court, the HC bench of Justice Purushaindra Kumar Kaurav held that the essential, material and integral cause of action, i.e. the admission of the petitioner, leave application, its acceptance, the joining and leave letter and the subsequent rejection of the candidature- "all have arisen beyond the territorial jurisdiction of this Court".

The petitioner was selected through the Uttar Pradesh Provicial Medical Services in 2017 and was appointed as a Medical Officer in Bareilly (UP) on 27.12.2017. Thereafter, she joined Community Health Centre, Meerganj and was transferred to CHC Shergarh in 2023. 

Meanwhile, she cleared the National Eligibility-Entrance Test Postgraduate (NEET-PG) 2023 examination and thereafter participated in the UP NEET PG (DNB) Counselling 2023 and was allotted a seat in Ophthalmology post MBBS Diploma based on the Mop Up allotment on 09.10.2023.

Based on the recommendation dated 07.10.2023 from the Chief Medical Officer, Bareilly, and the contract letter signed by the petitioner, she was granted permission to pursue the post-MBBS diploma in Ophthalmology at Balrampur Hospital, Lucknow by the Director General of Medical and Health, UP, subject to certain terms and conditions as outlined in various Government orders.

However, when the petitioner joined the Balrampur Hospital, Lucknow to pursue the PG Diploma Course in Ophthalmology, NBE in its order 19.09.2024 directed the cancellation of admission of the petitioner to pursue the NBEMS Diploma Course at the hospital for the 2023 admission session. NBE's reason for cancellation was that the petitioner did not join the concerned course as per the scheduled date of 12.10.2023, but actually joined the program on 06.03.2024, almost after a five month delay from the scheduled date of joining.

While considering the matter, the HC bench referred to the case of Bharat Nidhi Ltd. v. SEBI, where the High Court had applied the doctrine of forum conveniens and had held that even if a fraction of cause of action arises within a jurisdiction of a particular High Court, still while applying the aforesaid doctrine, the party can be relegated to the concerned jurisdictional High Court where the material, essential and integral part of the controversy has arisen.

Further referring to several other legal precedence, the Court observed, "Upon an examination of the aforesaid decisions, it is seen that the Court has constantly taken a consistent view that solely because a fraction of the cause of action has arisen within the territorial jurisdiction of a particular High Court, the same would not be a sufficient ground to persuade the concerned High Court to entertain a writ petition. The doctrine of forum conveniens can be invoked by the concerned Court taking into consideration the various facts and circumstances involved."

The Court further noted that in any of the decisions relied upon by the learned counsel, the doctrine of forum conveniens was not under consideration.

"As seen above, the essential, material and integral cause of action, i.e. admission of the petitioner, leave application, its acceptance, the joining and leave letter and the subsequent rejection of the candidature, all have arisen beyond the territorial jurisdiction of this Court. The effect of any directions which are sought to be passed in the instant petition would be felt in the State of Uttar Pradesh," the Court further noted.

Considering these aspects, the Court expressed its disinclination to entertain the plea and dismissed the same on the ground of lack of jurisdiction. "However, the petitioner is at liberty to approach the jurisdictional High Court to seek appropriate remedy. All rights and contentions are left open," it further mentioned in the order.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/delhi-hc-order-nbe-256045.pdf

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