Nandu Mohan vs National Board Of Examinations In ...
2021 Latest Caselaw 18079 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                       WP(C) NO. 17570 OF 2021
PETITIONER/S:
    1     NANDU MOHAN,
          S/O OF G.P.MOHAN KUMAR,
          LEKSHMI (HOUSE) KAKKANAD LANE, KESHAVADASAPURAM,
          PATTOM, THIRUVANANTHAPURAM.
    2          SARATH BABU T.B.,
               S/O T.N.BHASKARAN, THUNDIPARAMBIL HOUSE,
               CHERANELLOOR.P.O, PIN-682034.
    3          JASEEM HARSHAD N.R.
               KOLOTHUMPARAMBIL HOUSE, EDAVANAPPARA, VAZHAKKAD,
               MALAPPURAM, PIN-673465.
               BY ADV SMT.R.S.ASWINI SANKAR

RESPONDENT/S:
    1     NATIONAL BOARD OF EXAMINATIONS IN MEDICAL
          SCIENCES
          MEDICAL ENCLAVE, ANSARI NAGAR, RING ROAD, NEW
          DELHI-110029.
    2          KERALA UNIVERSITY OF HEALTH,
               THRISSUR, PIN-680596.
    3          ADDL.R3:THE NATIONAL MEDICAL COMMISSION,
               POCKET -14,SECTOR-8, DWARAKAPHASE -1,NEW DELHI
               -11007.
               ADDL.R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED
               01/09/2021 IN W.P.(C) 17570/2021.
               BY SRI.S.MANU, STANDING COUNSEL

        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   03.09.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.17570 of 2021              2




                    W.P.(C) No.17570 of 2021
              -----------------------------------------------
                           JUDGMENT

The first respondent is conducting the national level

DNB-PDCET 2021, the common entrance examination for

admission to various post diploma courses in medicine. The

examination is one conducted once in a year. All throughout,

the cut off date fixed for acquiring the qualifying diplomas was

28th February and the examination was being conducted in the

month of May. Though DNB-PDCET for the current year was

scheduled fixing the cut off date for acquiring the qualifying

diplomas as 28.02.2021, taking note of the fact that the

qualifying diploma examinations could not be conducted on

time by the Universities, the examination was postponed

refixing the cut off date for acquiring the qualifying diplomas as

31.07.2021. Going by the revised notification issued by the first

respondent, the competent body conducting DNB-PDCET 2021,

the last date for registration of the examination is 05.09.2021.

2. The petitioners have joined for post graduate

diploma course in Child Health (DCH) conducted by the second

respondent University during the year 2019. The diploma

course undertaken by the petitioners should have been over by

May, 2021. It is stated by the petitioners that due to the

various restrictions imposed by the Government to prevent the

spread of Covid-19, the diploma course undertaken by them

lagged beyond the schedule of the course and the final

examination of the course could be conducted only in between

24.06.2021 and 07.07.2021 and the result of the examination

could be published only on 26.08.2021. The case set out by the

petitioners in the writ petition is that had the final examination

of the course undertaken by them been conducted by the

University on time, the petitioners could have written the DNB-

PDCET 2021 and since the delay on the part of the University in

completing the course as scheduled is not attributable to the

petitioners, the denial of opportunity to the petitioners to write

DNB-PDCET 2021 is unjust, unfair, unreasonable and arbitrary.

The petitioners, therefore, seek directions to the first

respondent to allow them to register online for DNB-PDCET

2021.

3. A statement has been filed on behalf of the

first respondent pointing out, among others, that all

arrangements have been made for the conduct of DNB-PDCET

2021 on 19.09.2021 and extending the cut off date for clearing

the qualifying diplomas at this stage would hamper the conduct

of the examination scheduled on 19.09.2021.

4. Heard the learned counsel for the petitioners

and the respective Standing Counsel for the respondents.

5. A cut off date for clearing the qualifying

diploma examination needs to be fixed for every entrance

examination. The petitioners do not dispute this fact. Their

case is only that had the final examination of the course

undertaken by them been conducted by the University on time,

the petitioners could have written the DNB-PDCET 2021. True,

had the final examination for the course undertaken by them

been conducted by the University on time, the petitioners could

have written the DNB-PDCET 2021. But, as noted, the

examination is one conducted once in a year and all

throughout, the cut off date fixed for acquiring the qualifying

diplomas was 28th February. In other words, had DNB-PDCET

2021 been conducted as done in the previous years, the

petitioners could not have written the examination, for their

course would not have been over by 28.02.2021. It is therefore

seen that the petitioners are making an attempt to write DNB-

PDCET 2021 examination taking advantage of the delay on the

part of the first respondent in conducting the DNB-PDCET 2021

for the current year. The writ petition, in the circumstances, is

without merits and the same is, accordingly, dismissed.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB

APPENDIX OF WP(C) 17570/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY THE PROVISIONAL MARK SHEET ISSUED BY THE RESPONDENT UNIVERSITY TO THE 1ST PETITIONER DATED 26/08/2021.

Exhibit P1(A) TRUE COPY THE PROVISIONAL MARK SHEET ISSUED BY THE RESPONDENT UNIVERSITY TO THE 2ND PETITIONER DATED 26/08/2021.

Exhibit P1(B) TRUE COPY THE PROVISIONAL MARK SHEET ISSUED BY THE RESPONDENT UNIVERSITY TO THE 3RD PETITIONER DATED 26/08/2021.

Exhibit P2 TRUE COPY THE RELEVANT PAGES OF THE INFORMATION BULLETIN PUBLISHED BY THE FIRST RESPONDENT DATED 25.03.2021.

Exhibit P3 TRUE COPY THE NOTICE DATED 23.08.2021.