High CourtsSingle Bench(2020) 02 DEL CK 0074

Abhishek Saxena vs National Board Of Examination And Anr

Delhi High Court · Decided on 7 February 2020

HON’BLE JUDGES
Rajiv Shakdher, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 6993, 7449, 7591, 7751, 8187 Of 2017, 2244 Of 2018

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Judgment

91 paragraphs · 561 words

S. No.,Category,Writ Petition,"N a m e of the

Petitioner",Remarks

1,I,W.P. (C) 6993/2017,Abhishek Saxena,"P a s s e d : theory

examination

2,I,W.P. (C) 6993/2017,Venkatesh,"Passed: theory

examination

3,I,W.P. (C) 6993/2017,Deepanshu Agarwal,"Passed: theory

examination

4,I,W.P. (C) 6993/2017,Rashmi G,"Passed: theory

examination

5,I,W.P. (C) 6993/2017,Vinayak Rajshekhar,"Passed: theory

examination

6,I,W.P. (C) 6993/2017,S Shyam,"Passed: theory

examination

7,I,W.P. (C) 6993/2017,Shweta Patel,"Passed: theory

examination

8,I,W.P. (C) 6993/2017,Kripa S,"Passed: theory

examination

9,I,W.P. (C) 6993/2017,"R anganatha A

Davaranavadagi","Passed: theory

examination

10,I,W.P. (C) 6993/2017,"B h o s l e Abhinav

Ramachandra","Passed: theory

examination

11,I,W.P. (C) 6993/2017,Deepika MP,"Passed: theory

examination

12,I,W.P. (C) 6993/2017,Varna V Shet,"Passed: theory

examination

13,I,W.P. (C) 6993/2017,Deepak Shee B,"Passed: theory

examination

14,I,W.P. (C) 6993/2017,Preeti Singh,"Passed: theory

examination

15,I,W.P. (C) 7449/2017,Devika Bhattacharya,"Passed: theory

examination

16,I,W.P. (C) 7591/2017,Kaushal Pandya,"Passed: theory

examination

17,I,W.P. (C) 7751/2017,Yash Kataria,"Passed: theory

examination

18,I,W.P. (C) 7751/2017,Apporva N,"Passed: theory

examination

19,I,W.P. (C) 7751/2017,Priyanka Tiwari,"Passed: theory

examination

20,I,W.P. (C) 7751/2017,"R aghavenda S

Savanth","Passed: theory

examination

21,I,W.P. (C) 7751/2017,Devika Lawande,"Passed: theory

examination

22,I,W.P. (C) 7751/2017,Ayesha Mariam,"Passed: theory

examination

23,II,W.P. (C) 6993/2017,Nithya P,"Joined another

course

24,II,W.P. (C) 7751/2017,Megha Neeralagi,"Joined another

course

25,II,W.P. (C) 7751/2017,Lavanya K,"Joined another

course

26,II,W.P. (C) 7751/2017,Vinaya P,"Joined another

course

27,II,W.P. (C) 7751/2017,Sandhya S Patil,"Joined another

course

28,II,W.P. (C) 7751/2017,Snehalata P,"Joined another

course

29,II,W.P. (C) 7751/2017,Manohar S,"Joined another

course

30,II,W.P. (C) 7751/2017,Sunil,"Joined another

course

31,II,W.P. (C) 7751/2017,"Monica

Mrudubhashini

Michael","Joined another

course

32,II,W.P. (C) 7751/2017,Navedita Sarkar,"Joined another

course

33,II,W.P. (C) 7751/2017,Pradeep Kumar,"Joined another

course

34,II,W.P. (C) 2244/2018,Lisa Jane Thomas,Joined another

course by the concerned university, over which, they unarguably had no control.",,,,

10.

While it was the stand of the NBE before me that the rigour of eligibility criteria contained in Clause 3.1 could not be relaxed, looking at the",,,,

peculiar facts and circumstances of this case, it would do more harm, both to the petitioners and the society at large, having regard to the time and",,,,

money invested by them, if one were to deprive the petitioners the just fruits of their labour.",,,,

10.1. Undoubtedly, the seats, which were provisionally allotted to the petitioners, cannot be allocated to anyone else. Dismissing the writ petitions, at",,,,

this stage, would result in incalculable loss to the society at large if not the petitioners.",,,,

11.

Therefore, the NBE is directed to declare the results of the practical exam concerning those petitioners who fall in Category I. In case, they were",,,,

to be declared pass in the practical exam, the NBE would take the necessary consequential steps of awarding degree-certificates qua their respective",,,,

DNB course, subject to the fulfilment of necessary formalities.",,,,

11.1. Insofar as the petitioners falling in Category II are concerned, no further directions are required to be issued as their pleas before the Court have",,,,

been rendered infructuous.,,,,

11.2. As regards the petitioners falling in Category III, the NBE is directed to declare the results concerning the theory exam and, in case, they were",,,,

to pass the same, they would be allowed to take the practical exam which is slated to be held in May 2020. Upon those petitioners passing the theory",,,,

and the practical examinations, the NBE would take necessary consequential steps of awarding degree-certificates qua their respective DNB course,",,,,

as is directed to be done qua the petitioners falling under Category I.,,,,

12.

Needless to emphasize, this order has been passed in the circumstances which are sui generis and, therefore, will not be cited as a precedent.",,,,

13.

The writ petitions are disposed of in the aforementioned terms.,,,,