High Court · 2025

W.P.(MD).Nos.4913 and 4926 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 25.03.2025CORAMTHE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGHW.P.(MD)Nos.4913 and 4926 of 2025andW.M.P.(MD)No.3569 of 2025Dr.D.Sribalaji ... Petitioner in both cases-vs-1.The Executive Director,National Board of Examination in Medical Science (NBEMS),Medical Enclave, Ansari Nagar,Mahatma Gandhi Marg, Ring Road,New Delhi – 110 029.2.The Director (Medical),National Board of Examination in Medical Science (NBEMS),Medical Enclave, Ansari Nagar,Mahatma Gandhi Marg, Ring Road,New Delhi – 110 029.... Respondents in both casesPRAYER in W.P.(MD)No.4913 of 2025: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned DNB – Post – Diploma Centralized Examination Entrance Test (PDCET) bulletin notification for the year 2025 issued by the first respondent herein, quash the same insofar as the fixing the cut-off date as 31.01.2025, consequently, to direct the respondents to extend 1/8 https://www.mhc.tn.gov.in/judis W.P.(MD).Nos.4913 and 4926 of 2025the cut-off date of Post – Diploma Centralized Examination Entrance Test (PDCET) from 31.01.2025 to a date after publishing the result of December 2024 DCH Practical Examination.PRAYER in W.P.(MD)No.4926 of 2025: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to conduct the NBEMS DCH Diploma Course Practical Examination for the month of December 2024 before conducting Diploma Centralized Examination Entrance Test (PDCET) exam based on the petitioner’s representation, dated 14.02.2025.For Petitioner : Mr.R.Prasanna VinothFor Respondents: Mr.K.GovindarajanDeputy Solicitor General of India(in both cases)*****COMMON ORDERW.P.(MD)No.4913 of 2025 has been filed seeking for a Writ of Certiorarified Mandamus to quash the impugned DNB – Post – Diploma Centralized Examination Entrance Test (PDCET) bulletin notification for the year 2025 issued by the first respondent herein insofar as the fixing the cut-off date as 31.01.2025 with a direction to the the respondents to extend the cut-off date of Post – Diploma Centralized Examination Entrance Test 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD).Nos.4913 and 4926 of 2025(PDCET) from 31.01.2025 to a date after publishing the result of December 2024 DCH Practical Examination.2.W.P.(MD)No.4926 of 2025 has been filed seeking for a direction to the respondents to conduct the NBEMS DCH Diploma Course Practical Examination for the month of December 2024 before conducting Diploma Centralized Examination Entrance Test (PDCET) exam based on the petitioner’s representation, dated 14.02.2025.3.It is the case of the petitioner that the petitioner has completed MBBS degree in the year 2021 and also completed training in DCH (Pediatrics) in Rich Hospital at Andhra Pradesh and applied for DCH Practical and theory examination in the month of June 2024 and he could not clear the said examination and he now applied for the DCH Practical and theory examination for the month of December 2024 on 12.01.2025. But till date, the DCH Practical and theory examination for the month of December 2024 has not been conducted by the respondents. However, the first respondent has issued the impugned DNB – Post – Diploma Centralized Examination Entrance Test (PDCET) bulletin notification for the year 2025. Since the DCH Practical and theory examination for the month of December 2024 has 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD).Nos.4913 and 4926 of 2025not been conducted by the respondents, the petitioner and other similarly placed persons are not in a position to apply for the said examination and hence, the petitioner seeks indulgence of this Court to quash the impugned notification and to direct the respondents to conduct DCH Practical and theory examination for the month of December 2024 before conducting the Diploma Centralized Examination Entrance Test (PDCET) exam based on the petitioner’s representation, dated 14.02.2025.4.The learned Counsel for the petitioner reiterating the contentions raised in the affidavits filed in support of these Writ Petitions, contended that the DNB – Post – Diploma Centralized Examination Entrance Test (PDCET) has been conducted bi-annually and that the notification in this regard has been issued after publishing the examination conducted for DCH Practical and theory examination. However, the impugned notification has been issued without even publishing the examination result for DCH Practical and theory examination and that the petitioner and the other similarly placed persons are not in a position to appear for the DNB – Post – Diploma Centralized Examination Entrance Test (PDCET), which would affect the entire career of the students and hence, this Court should interfere with the impugned notification and issue directions, as prayed for in the Writ Petitions.4/8 https://www.mhc.tn.gov.in/judis W.P.(MD).Nos.4913 and 4926 of 20255.In reply to the contentions of the learned Counsel for the petitioner, Mr.K.Govindarajan, learned Deputy Solicitor General of India appearing for the respondents admitted that DNB – Post – Diploma Centralized Examination Entrance Test (PDCET) has been conducted bi-annually in June and December. However, he vehemently contended that for conducting June 2025 examination, the impugned notification has been issued and that the respondents have not issued any notification for the examination to be conducted in December 2025. He also contended that it is the fault of the petitioner, who has not completed the DCH Practical and theory examination and that for the fault of the petitioner, the contention of the petitioner that the impugned notification should be set aside, cannot be accepted. He further submitted that it is always open to the petitioner to participate in the upcoming DNB – Post – Diploma Centralized Examination Entrance Test (PDCET) after completing the pre-requisite qualification. 6.Heard the learned Counsel on either side and perused the materials on record.5/8 https://www.mhc.tn.gov.in/judis W.P.(MD).Nos.4913 and 4926 of 20257.Considering the facts and circumstances of the case, it is not in dispute that DNB – Post – Diploma Centralized Examination Entrance Test (PDCET) has been conducted bi-annually in June and December and one of the eligibilities for appearing this examination is a pass in DCH Practical and theory examination. Admittedly, the petitioner has not passed in the DCH Practical and theory examination and has only applied for DCH Practical and theory examination. However, it is the grievance of the petitioner that the impugned notification for conducting DNB – Post – Diploma Centralized Examination Entrance Test (PDCET) has been issued without publishing the result for DCH Practical and theory examination and that the petitioner could not appear for the entrance examination and that this Court should interfere with the same. 8.As rightly contended by the learned Deputy Solicitor General of India appearing for the respondents, it is for the petitioner to secure the requisite qualification and that without acquiring the requisite qualification, approaching this Court to set aside the impugned notification is unjustifiable. Further, the impugned notification has been issued and throughout India, number of students have been applied for achieving their goal. For the fault on the part of the petitioner for not acquiring the requisite qualification, this 6/8 https://www.mhc.tn.gov.in/judis W.P.(MD).Nos.4913 and 4926 of 2025Court cannot interfere with the impugned notification and that this Court cannot issue a Mandamus as prayed in W.P(MD)No.4926 of 2025.9.In the result, the Writ Petitions are dismissed. No costs. Consequently, connected miscellaneous petition is closed. 25.03.2025NCC: Yes/NoIndex :Yes / Nocmr7/8 https://www.mhc.tn.gov.in/judis W.P.(MD).Nos.4913 and 4926 of 2025VIVEK KUMAR SINGH, J.cmrW.P.(MD)Nos.4913 and 4926 of 202525.03.20258/8