NBEMS Can't Withhold Medical Degree Over Short-Attendance During Training If Hospital Grants Completion Certificate: Rajasthan High Court

The Rajasthan High Court granted relief to a candidate who despite completing the 2-year course of DNB Obstetrics and Gynaecology and after obtaining certificate of training completion from the hospital in 2021, was denied Provisional Pass Certificate, Attempt Certificate and final degree of DNB by the National Board of Examinations in Medical Sciences.

While rejecting the argument by the NBE that the training period of the petitioner was not completed owing to her maternity leave, Justice Anoop Kumar Dhand held that once the hospital had issued the certificate of training completion, there was no reason for the NBE to withhold the documents.

Petitioner took admission in the course in 2019 for two years, and applied for maternity leave of 105 days which was sanctioned by NBE. In March 2021, a petition was filed by the petitioner when she was not allowed to appear in the exam. In this, pursuant to court's interim order, she was eventually allowed to write the exams.

In October 2021, the concerned hospital issued a certificate of two-year training completion in favour of the petitioner.

Subsequently, in December 2022, the petition was allowed, and the NBE was directed to declare the result of the petitioner, and result of the petitioner was declared in 2023.

However, in spite of the same, till date, she was not issued any provisional pass certificate, attempt certificate or the degree. Hence, petition was filed seeking issuance of these documents as well as Rs. 50 lakhs for mental harassment.

It was argued by the NBE that on account of her maternity leave, her training period was still falling short of 7 days. Hence, degree could not be awarded.

After hearing the contentions, the Court took into account the certificate as well as submission by the concerned college that affirmed the certificate of training completion issued to the petitioner. It was held that,

“once the hospital has issued a certificate of completion of training in favour of the petitioner, indicating therein that the petitioner has completed her two years training on 28.10.2021, then there was no reason or occasion available with the respondent-NBE to withhold the Provisional Pass Certificate, Attempt Certificate and Final Degree of the petitioner.”

Accordingly, the petition was disposed of with a direction to the NBE to issue the three documents within 7 days without any delay.

Title: Dr. Varsha Sharma v Joint Director & Anr.

Citation: 2025 LiveLaw (Raj) 302

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