National Board of
Examinations Vs. Gaurav Khanna & Ors.  INSC 2120 (8 December 2008)
JURISDICTION SPECIAL LEAVE PETITION [C] No. 26563 of 2008 National Board of
Examinations ... Petitioner Gaurav Khanna & Ors. ... Respondents
O R D E R
National Board of Examinations (`the Board' for short) has filed this SLP being
aggrieved by the interim order dated 24.7.2008 passed by the High Court
(i) the second
respondent College to receive the thesis submitted by the first respondent
forthwith in respect of DNB in Anesthesiology and forward it to the Board; (ii)
the second respondent to permit the first respondent to sit in the appraisal as
and when the same is held; and (iii) the Board to accept the application form
of the first respondent for appearance in the final examination for the DNB
programme. On 24.10.2008, this Court stayed (ex parte) the said interim order
counsel for the Board submitted that the second respondent college did not have
recognition during the relevant period. The first respondent's counsel on the
other hand, contended that the college had accreditation up to 31.12.2006 that
there was legitimate expectation that the accreditation would be continued from
1.1.2007, but the accreditation had been continued only from January, 2008.
The case of the first
respondent (writ petitioner) is that the accreditation should be with effect
are informed by the learned counsel for the first respondent that the
examination for DNB in anesthesia is to be held on 13th December, 2008.
writ petition is still pending. The writ petition has been ordered to be listed
for final hearing within six months of the order dated 24.7.2008. The said
order dated 24.7.2008 is only an interim arrangement to ensure that the first
respondent does not lose a year of his career in the event of his ultimate
success in the writ petition.
Therefore, we do not
propose to interfere with the discretion exercised by the High Court in
granting the interim relief.
however, make it clear that compliance with the directions given in the said
interim order, by the second respondent or the Board will not create any
equities in favour of the first respondent, in the event of ultimate failure in
the writ petition. We also make it clear that the Board may withhold the
results of the first respondent till the writ petition is finally disposed of
and then abide by the final decision. We request the High Court to endeavour to
dispose of the writ petition within six months from 24.7.2008, as directed in
its order dated 24.7.2008.
attention was drawn to several documents to contend that the first respondent
did not participate in the DNB programme in the manner required. It is open to
the Board to bring all these facts to the notice of the High Court at the final
hearing of the writ petition.
interim order dated 24.10.2008 in this case is vacated and the special leave
petition is dismissed. The impleadment application is also dismissed as
(R. V. Raveendran)
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