Admitting a petition, Justices D Y Chandrachud, A A Sayed asked the NBE to issue DNB certificate to Dr Hindustanwala Mohammed Adnan Mohammed Mustafa within two weeks.
NBE said the results of petitioner for FCPS examination were declared only on April 23, 2011. Hence, on the cut-off date for submission of the application form for DNB exam (which was April 7), the results had not been declared and the petitioner did not fulfill the eligibility criteria.
The petitioner has completed his MBBS and the one year compulsory internship. In May 2007, he took admission to the Fellowship of the College of Physicians and Surgeons (FCPS) degree course conducted by College of Physicians & Surgeons.
The petitioner appeared for the examination in March 2011 and his results were declared on April 23, 2011.
Thereafter he sought admission in DNB course and on June 22, 2011, he was provisionally allowed to appear in the final theory examination in General Surgery, though his application was incomplete, for want of submission of a certificate of registration in the Indian Medical Register.
At that stage, a proceeding pertaining to derecognition of the College of Physicians & Surgeons was pending before the High Court and the petitioner was informed that a final decision regarding his eligibility will be taken subject to the outcome of the proceedings which were pending.
The petitioner filed his certificate of registration in the Indian Medical Register. He was allowed to appear in the theory examination which he passed. On October 18, 2011, he was allowed to appear in practical examination in Kolkata which again he passed. Thereafter, the petitioner appeared in DNB-CET super speciality in January 2012 in the surgical group and was declared to have qualified the examination.
Since the petitioner had received only online theory and practical examination results, he requested NBE to issue degree certificate for DNB in surgery which he had passed. As it was not issued, he moved the court. MORE
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