Judgement
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8994 OF 2012 (SPECIAL LEAVE PETITION(C.)NO.5501 OF 2012)
NATIONAL BOARD OF EXAMINATIONS APPELLANT
VERSUS
AMI RAJESH SHAH & ORS
WITH C.A.NO.8995 OF 2012 @
S.L.P.(C)NO.12907/2012
WITH C.A.NO.8996 OF 2012 @ S.L.P.(C)NO.16008/2012
WITH C.A.NO.8997 OF 2012 @ S.L.P.(C)NO.17027/2012
WITH C.A.NO.8998 OF
2012 @ S.L.P.(C)NO.17028/2012
WITH C.A.NO.8999 OF 2012 @
S.L.P.(C)NO.17030/2012
WITH C.A.NO.9000 OF 2012 @ S.L.P.(C)NO.17034/2012
WITH C.A.NO.9001 OF 2012 @ S.L.P.(C)NO.17031/2012
AND WITH C.A.NO.9002
OF 2012 @ S.L.P.(C)NO.17032/2012
O R D E R 1.
Leave granted.
2. These appeals are directed against the judgment and order passed by the
High Court of Judicature at Bombay in Writ Petition (L) No.124 of 2011 and
connected matters disposed of on 28.11.2011. By the impugned judgment and order,
the High Court has granted the reliefs sought by the respondents-doctors herein.
3. We have heard Shri M.L.Verma,learned senior counsel appearing for the
appellant-Board and Shri Shyam Divan, learned senior counsel, Shri C.U.Singh,
learned senior counsel and Shri Subrat Birla, learned counsel for the
respondents.
4. Shri Verma, strenuously, contends that the respondent- Hospital has
wantonly violated the statutory rules framed by the Board, despite being given
sufficient opportunities to act in accordance with the guidelines which came to
be issued in July 2010 and, therefore, are not entitled to the reliefs sought by
them in the Writ Petitions. He would further submit that since the admission of
the respondent-doctors is not in accordance with the rules framed by the Board,
this Court should take exception to the impugned judgment and order passed by
the High Court.
5. Shri Divan, Shri Singh, Shri Thorat and Shri Birla, learned counsel for
the respondents, ably justify the impugned judgment and order.
6. After hearing learned counsel for the parties to the lis, we are of the
opinion that there existed a confusion in the minds of the students and the
hospital while admitting the respondents-doctors for the Diplomate of National
Board Course ('DNB course' for short) despite the rules framed by the Board.
Because of this confusion the students had taken admission in the
respondent-hospital, though there were rules framed by the Board. Be that as it
may.
7. Since the respondent-doctors possess the necessary qualification and have
already taken admission in the respondent- college and have been prosecuting
their studies for nearly two and a half years out of three years' course, we
need not come in the way of students from completing their course. Keeping this
in view and in the interest of welfare of students, we decline to interfere with
the impugned judgment and order passed by the High Court.
8. Shri M.L. Verma, submits that the rules framed by the Board are binding on
all the colleges which are accredited to the Board. We do not intend to comment
on this issue, since we are granting relief to the respondent on the principles
of equity. Therefore, broad proposition canvassed by the learned Senior Counsel
is kept open to be agitated in an appropriate case.
9. We clarify that the judgment and order passed by the High Court need not
be treated as a precedent in any other case.
With these observations, the appeals are disposed of. There shall be no order
to costs.
Ordered accordingly.
.......................J.
(H.L. DATTU)
.......................J.
(CHANDRAMAULI KR. PRASAD) NEW DELHI;
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