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W.P.(C) 5571/2021 & CM APPL. 17290/2021(stay)

1. Issue notice. Mr. Bhagvan Swarup Shukla, learned CGSC, accepts notice on behalf of respondent no. 1/Union of India ["UOI"], Mr. T. Singhdev, learned counsel, accepts notice on behalf of respondent no. 2/National Medical Commission ["NMC"] and Mr. Kirtiman Singh, learned counsel, accepts notice for respondent no. 3/National Board of Examination ["NBE"].

4. Mr. T. Singhdev, learned counsel for the NMC and Mr. Kirtiman Singh, learned counsel for NBE, state at the outset, that the services of the doctors who are undertaking MD and MS courses have also been extended. The notification dated 04.05.2021 does not refer to them because the NBE is only responsible for the conduct of the DNB examination.

5. The impugned communication of the NBE is pursuant to the NMC's advisory dated 27.04.2021 [Annexure P-19 to the writ petition]. The advisory notes that the final examinations of the postgraduate courses have been delayed this year in many institutions. Further, the PG-NEET examination for admission to postgraduate courses in the academic year 2021-22 has also been postponed. Consequently, Mr. Singhdev and Mr. Singh submit that the new batch of residents will be joining hospitals only after the completion of the PG-NEET examinations for 2021-22. In the meantime, they submit that the hospitals require the services of the present residents, particularly in the unprecedented circumstances emanating out of the Covid-19 pandemic.

6. Mr. Singh further states that the petitioners have, in fact, not completed their final examinations yet, as the practical examination for the third year of DNB has been postponed. According to Mr. Yadav, the examinations have been purposely delayed in order to defer the grant of the completion certificate to the petitioners.

7. Having regard to the circumstances arising out of the Covid-19 pandemic and the need for continuation of residents as mentioned in the NMC advisory dated 27.04.2021 - which has not been challenged in the writ petition - I am unable to accede to Mr. Yadav's request for an interim order. As submitted by Mr. Singhdev and Mr. Singh, the availability of resident doctors is imperative for the functioning of hospitals. In the present situation, the decision of the respondents cannot be said to be ex facie arbitrary or unreasonable.