SC issues notice on Plea challenging NBE order denying doctor to appear for Final Theory Exam

Taking note of the fact that the result of the said examination would be out soon, the top court bench comprising of Justice D.Y. Chandrachud, Justice Surya Kant and Justice Vikram Nath has listed the matter for further hearing on March 15, adds India Legal.

The petitioner doctor approached the top court and alleged that the National Board of Examinations (NBE) was not permitting her for appearing in the Final Theory Examination, as she had not completed her 90-day training due to the Covid-19 pandemic.

In her plea, the petitioner doctor submitted that a large number of these post MBBS trainees were registered with NBE and thus they were pursuing residency at several medical institutions which were registered with the Board.

After the pandemic hit India, NBE followed the footsteps of the Medical Council of India regarding MS/MD trainees. Issuing a notice on January 18, 2021, the Board extended the training of the registered candidates for a period of three months.

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Clause 6 of the said notice had mentioned that the extension of training was being done under special circumstances and it would not interfere with the eligibility of the candidates.

However, it has been alleged that when the petitioner doctor wished to appear for the final theory examination scheduled from December 16 to 19, 2021, NBE declared the doctor to be ineligible as she would not be able to complete her course tenure. It was alleged that the board had arbitrarily and unlawfully included the 90 days of Covid-19 extension along with the regular course tenure, before the prescribed cut-off date of June 30.

Referring to the devastating effects of the Covid-19 pandemic in the history of mankind, the plea mentioned, "However, during this great human crisis, the noble services of two sections of our workforce rose to the occasion and alleviated human suffering to a large extent. These were the medical professionals and the policing forces around the world," adds India Legal.

Thus, the petitioner doctor prayed before the Supreme Court-

(1) to allow her in the Final Theory Examination, considering the mandate of the Information Bulletin for December 2021.

(2) to take action against NBE for not allowing her to appear in the exam.

Earlier, the top court had allowed the petitioner doctor for appearing in the examination on a provisional basis for the theory examination and had directed to place the results of the petitioners before the court in a sealed cover.

The counsel for the petitioner doctor, Advocate Vikas Upadhayay sought permission from the top court bench to hear the matter at the soonest after the publication of the Final Theory Examination. He also submitted that the result of the petitioner doctor would be placed before the bench in a sealed envelope.

On the other hand, Advocate Gaurav Sharma appeared on the behalf of NBE. Pointing out that the result would be published around March 15, he urged the bench to adjourned the matter till the publication of the results.

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