NBE cannot withhold degree once hospital grants training completion certificate: HC relief to doctor

Jaipur: The Rajasthan High Court Jaipur bench recently granted relief to a doctor, who was denied a Provisional Pass Certificate, Attempt Certificate and final degree of DNB Obstetrics and Gynaecology by the National Board of Examinations in Medical Sciences (NBEMS) despite completing the 2-year course and obtaining a training completion certificate from the hospital in 2021.

Even though NBEMS argued that the petitioner's training period was not completed owing to her attendance shortfall from maternity leave, the HC bench comprising Justice Anoop Kumar held that once the hospital had issued the certificate of training completion, NBE had no reason to withhold the documents.

"This Court finds that once the hospital has issued a certificate of completion of training in favour of the petitioner, indicating therein that the petitioner has completed her two years training on 28.10.2021, then there was no reason or occasion available with the respondent-NBE to withhold the Provisional Pass Certificate, Attempt Certificate and Final Degree of the petitioner," the HC bench held.

"In view of the above, the present writ petition stands disposed of by issuing a direction to the respondent-NBE to release the Provisional Pass Certificate, Attempt Certificate and Final Degree of the petitioner forthwith, without any further delay, within a period of seven days," the High Court bench ordered.

Back in 2019, the petitioner got admitted to the two-year DNB training course specialising in Obstetrics and Gynaecology through the National Board of Examinations in Medical Sciences (NBEMS).

During the course of training, the petitioner applied for 105 days of Maternity Leave, and NBEMS sanctioned the same. The petitioner's counsel submitted that because of the Maternity Leave, the training period of the petitioner was extended. However, she was not allowed to appear in the examination.

The counsel submitted that under these circumstances, the petitioner approached the HC bench and an interim order was issued on 17.03.2021, directing the NBEMS and the teaching hospital to allow the petitioner to appear in the examination and finally, the Court allowed the plea on 06.12.2022 with a direction to the authorities to declare the result of the petitioner within a period of two weeks.

Challenging the order passed by the Co-ordinate Bench of the High Court, NBE approached the Division Bench. However, the appeal was rejected on 31.05.2023. While deciding the appeal, the Division Bench had taken note of the fact that the cut-off date was extended up to 30.09.2021 and that the petitioner had completed her DNB-Obstetrics and Gynaecology training on 24.10.2021.

However, the petitioner's counsel submitted that despite this direction, when the petitioner's result was not declared, the petitioner filed a contempt plea, and during the pendency of the plea, the result was finally declared on 06.07.2023. However, in spite of the result being declared, to date, NBE has not issued any Provisional Pass Certificate, Attempt Certificate and Degree to the petitioner, submitted the petitioner's counsel.

On the other hand, NBE's counsel opposed these arguments and submitted that petitioner has not completed her two years training of Obstetrics and Gynaecology course as she has taken 123 days leave during the course of her training. Further, it was submitted that as per the record, the petitioner's two-year training would not be completed before 05.11.2021, however two contradictory certificates were issued by the Narayana Multispeciality Hospital wherein two different dates of completion of the training by the petitioner were mentioned as 28.10.2021 and 31.10.2021.

Referring to this, the NBE's counsel submitted that even though earlier, the petitioner was not eligible to appear in the examination, later, she was allowed to appear in the examination by the interim order dated 17.03.2021 passed by the Court and her result was declared subsequently during the pendency of the contempt proceedings on 06.07.2023. It was submitted that there was a shortfall of seven days in the training period of the petitioner, and under these circumstances, the degree in the DNB course specialising in Obstetrics and Gynaecology cannot be issued to the petitioner.

Meanwhile, the counsel for the Narayana Multispeciality Hospital submitted that during the spread of the COVID-19 pandemic, the training period of all the students was extended for a further period of three months and based on the circular issued by the NBE, the training period of the candidates was calculated and as per the circular, the petitioner's leave was required to be adjusted; after adjusting the period of leave granted to the petitioner, it was decided that the petitioner has completed her training on 28.10.2021. Therefore, the hospital's counsel submitted that the doctor completed her two years of training in the DNB course specializing in Obstetrics and Gynaecology on 28.10.2021.

Now, while considering the matter, the HC bench observed that once the hospital has issued a certificate of completion of training in favour of the petitioner, indicating that she has completed two years of training on 28.10.2021, NBE had no reason or occasion to withhold the Provisional Pass Certificate, Attempt Certificate and Final Degree of the petitioner.

Accordingly, with a direction to NBE to release the documents within seven days, the Court disposed of the petition.

To view the order, click on link below:

https://medicaldialogues.in/pdf_upload/nbems-rajasthan-hc--300583.pdf

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