Delhi High Court - Orders
Dr. Lavanya Karri & Ors vs Union Of India & Ors on 16 April, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:19.04.2021
22:38:35
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4781/2021 & CM APPL.14747/2021
DR. LAVANYA KARRI & ORS. ..... Petitioners
Through: Ms. Vanessa Singh, Mr. Apoorve
Karol and Ms. Mithu Jain, Advocates.
(M:9910558656)
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. T.P. Singh, Sr. Panel Counsel for
R-1/UOI. (M:9971529687)
Mr. T. Singhdev and Ms. Michelle B.
Das, Advocates for R-2.
Mr. Kirtiman Singh and Mr. Waize
Ali Noor, Advocate for R-3.
Mr. Satvik Varma, Sr. Advocate with
Mr. Manish Dhir and Mr. Yogesh
Chawak, Advocates for R-
4.(M:9654978446 & 9910807134)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 16.04.2021
1. This hearing has been done through Video Conferencing.
2. The present petition has been filed by 16 doctors, who are diploma holders from the College of Physicians and Surgeons, Mumbai (hereinafter, "CPS"). They wish to appear in the DNB-PDCET, 2021 examination conducted by the National Board of Examinations (hereinafter, "NBE"). The Petitioners challenge Clause 4.8 of the Information Bulletin advertised by the NBE on 25th March, 2021 which disqualifies diploma holders from CPS to appear in the examination.
Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:19.04.2021 22:38:353. The last date for submitting the applications was 14th April, 2021. Ld. Counsel for the Petitioners submits that the Petitioners have already submitted their applications.
4. Issue notice. Mr. T.P. Singh, ld. Counsel accepts notice on behalf of the Union of India. Mr. Kirtiman Singh, ld. CGSC accepts notice for NBE and Mr. Dev Singh, ld. Counsel accepts notice for the National Medical Commission.
5. In a similar matter, being W.P.(C) 4252/2021 titled Dr. Umang Litoriya & Ors. v. Union of India & Ors., this Court had directed as under:
"13. There is no doubt that previously, Clause 4.8 was never part of the Information Bulletin and only Clause 4.1 prescribed the eligibility criteria. In the past, candidates who are equally placed as the Petitioners, were being permitted to appear in the DNB-PDCET examination. A sudden embargo has been imposed on the Petitioners and if they are not permitted to file their applications, they would be losing out on an entire academic year, which would cause irreparable prejudice to the Petitioners. Going by the past conduct, where candidates who had obtained diploma qualifications from CPS Mumbai have been permitted to appear in the examination, and considering that the Petitioners have all obtained their diplomas prior to the publication of the Information Bulletin, this Court is of the opinion that, at this stage, the Petitioners ought to be permitted to submit their applications on or before the deadline set out in the Information Bulletin i.e., 14th April, 2021. If the Petitioners have already submitted their applications, the same shall be accepted by the NBE and processed in time, along with the other applications. Admit cards shall also be issued. The same shall be Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:19.04.2021 22:38:35 subject to further orders in this petition.
14. In the meantime, the MoHFW shall file an affidavit placing on record its stand in respect of the equivalence of the Petitioners' courses on or before 3rd May, 2021. The National Medical Commission and CPS Mumbai are also permitted to file their affidavits on or before 3rd May, 2021."
6. Since the Petitioners are similarly placed and have already submitted their applications, the same would be processed in time and the admit cards shall be issued. The same shall be subject to further orders in the present petition.
7. List on 4th May, 2021 along with the connected matters, including W.P.(C) 4252/2021 titled Dr. Umang Litoriya & Ors. v. Union of India & Ors.
PRATHIBA M. SINGH, J.
APRIL 16, 2021/dk/T