Delhi High Court - Orders
National Board Of Examinations In ... vs Dr. Aditi Panwar And Others on 28 July, 2025
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 438/2025, CM APPL. 41843/2025, CM APPL. 41844/2025, CM
APPL. 41845/2025 & CM APPL. 41846/2025
NATIONAL BOARD OF EXAMINATIONS IN MEDICAL
SCIENCES .....Appellant
Through: Mr. Kirtiman Singh, Sr. Advocate
with Mr. Waize Ali Noor, Mr. Mrinal
Kumar Sharma, Mr. Varun Rajawat
and Mr. Zillur Rahman, Advocates
versus
DR. ADITI PANWAR AND OTHERS .....Respondents
Through: Mr. T. Singhdev, Mr. Abhijit
Chakravarty, Mr. A. Hussain, Mr.
Tanishq Srivastava, Mr. Bhalu Gulati,
Ms. Yamini Singh and Mr. Sourabh
Kumar, Advocates for R-2.
Mr. Sumit Kumar Sharma, Advocate
for R-3 & 5.
Mr. Mukul Singh, CGSC with Mr.
Adhiraj Singh, Ms. Ira Singh and Mr.
Aryan Dhaka, Advocates for R-
4/UOI.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 28.07.2025
1. Heard the learned counsel for the parties.
2. The respondent no.1 (petitioner) appeared in the selection process for admission to DNB PDCET (DNB-Post Diploma Centralized Entrance Test). During the counseling, she opted for a two years' course at respondent no.3 LPA 438/2025 Page 1 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2025 at 21:45:17 hospital, namely, General Hospital, Panchkula against a vacancy in Radio Diagnosis, which is reserved for Other Backward Classes (OBC). Admittedly, the petitioner does not belong to OBC category, nonetheless, she gave her preference to a vacancy reserved for OBC category. At a later stage, it was found that the vacancy in question at General Hospital, Panchkula, in Radio Diagnosis course could not be filled in on account of non-availability of eligible OBC category candidate and, accordingly, it has been submitted by learned counsel representing the respondent no.1 (petitioner) that as per the extant policy, the said vacancy ought to have been offered to unreserved category candidates in the order of their merit.
3. Reliance in this regard has been placed on a policy declaration of the Union of India, which provides for mode of implementation of OBC and Physically Handicapped reservation in 50% All India Quota NEET (PG) Seats. According to the said policy, in the event of exhausting of OBC seats under All India Quota, no OBC candidate can claim OBC seats. The seat, if not filled for want of candidate, can be treated as UR (Unreserved) as in the case of SC/ST.
4. It has been argued by learned counsel representing the respondent no.1 (petitioner) that similarly so far as the DNB seats are concerned, in a situation where the OBC seat/vacancy remained unfilled, the same ought to have been offered to an eligible unreserved category candidate in accordance with his/her merit and by not doing so, the appellant had acted in derogation of the policy.
5. On the other hand, learned counsel representing the appellant- National Board of Examinations has drawn our attention to a decision taken by the Accreditation Committee of the appellant in its 12th General Body LPA 438/2025 Page 2 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2025 at 21:45:17 Meeting held on 09.08.2024, according to which it was decided that "post diploma DNB seats remaining vacant should be converted into DNB seats for that particular admission session and submitted to Medical Counseling Committee for approval in NEET (PG) counseling (after approval from the concerned hospitals)".
6. Based on the said decision of the Accreditation Committee of the appellant, it has been stated by learned counsel for the appellant that the vacancy in question has now been included in the pool of vacancies to be filled in on the basis of NEET PG. He has also argued that under law the appellant is not empowered to either convert or de-reserve the seat/vacancy in question.
7. Apart from the locus of respondent no.1 (petitioner) to file the writ petition before the learned Single Judge on account of the fact that she did not belong to OBC category, had opted for a seat reserved for the said category, question which has arisen for our consideration is as to whether any vacancy included in the pool of DNB counseling can be taken out of the said pool and included in the pool of NEET PG counseling. The other question which also needs consideration, according to us, in this matter is as to whether the reserved seat in the DNB counseling pool, if remains unfilled on account of non-availability of a reserved category candidate, should be offered to unreserved category candidates according to their merit and if answer to such an issue is 'Yes', then, who is the authority to de- reserve/convert a reserved seat in such an exigency to a seat to be offered to an unreserved category candidate.
8. Having regard to the aforesaid and taking into consideration that various questions of importance have arisen for our consideration in this LPA 438/2025 Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2025 at 21:45:17 appeal, we call upon the Union of India, the State of Haryana and the appellant as also Medical Counseling Committee to file their affidavits within a period of two weeks, response whereof can be filled by the respondent no.1 (petitioner) or any other party within ten days thereafter. The affidavits/response as directed by the Court will be exchanged amongst the parties.
9. Considering the nature of issue as culled out above, we provide that till the next date of listing the seat in question namely the DNB seat in Radio Diagnosis in General Hospital, Panchkula will not be transferred to the pool of vacancies for NEET PG.
10. We further direct that till the next date of listing, the operation of the order passed by the learned Single Judge shall remain stayed.
11. List on 26.08.2025.
DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J JULY 28, 2025 Aj LPA 438/2025 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/07/2025 at 21:45:17