The first advertisement for the course which was to commence from August 2009 was given on June 14, 2009. There was no response to the said advertisement due to spread of swine flue in Pune. For the NBE, the last date to enrol for the seat was August 14, 2009.
The second advertisement for the said vacant post was given on August 22, 2009, by Pune-based Lokmanya Medical Foundation which conducts the course. Thus, the advertisement was given after the due date of enrollment.
Pursuant to the advertisement, the petitioner filled up the form. Though cut-off date was August 17, 2009, he joined the course on September 10, 2009. Thus, there was a delay of 23 days.
The NBE objected to it and refused the registration of the petitioner for the DNB (Diploma in National Board) course through its letters of February 5, 2010 and February 22, 2010.
The petitioner had challenged the communication in the petition and the Court had ordered status-quo as of that date (March 22, 2010), to be maintained. It continued till date.
Hemant Surve along with A J Kandharkar, who appeared for the petitioner, argued that it was not the fault of the student for which he has to suffer in his career.
After the advertisement, the petitioner had responded promptly and was admitted for the course. He was not informed that the admission was provisional and hence the decision to refuse registration was unjust, they submitted. (More)
