BY AD vs K.R.GANESH

BY ADV. SRI. R.S.KALKURA SRI. T. SANJAY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.45798 of 2024 3 JUDGMENT Dated this the 7th day of April, 2025 The petitioner states that Ext.P14 is liable to be quashed as the National Board of Examinations in Medical Sciences has rejected the extension of leave applied for by the petitioner upto 09.01.2025 to join DNB Training Program in the 3rd respondent-Hospital.

2. The petitioner obtained admission to pursue DNB in Pulmonology in the Medical Trust Hospital, Ernakulam. While she was continuing her DNB training, she conceived. Exts.P1 to P3 Leave Rules issued by the 2nd respondent provided that the petitioner is entitled to be granted maximum of one year leave under extraordinary circumstances. The petitioner submits that she had to face medical complications due to her pregnancy and later, the WP(C) No.45798 of 2024 4 petitioner had to deliver two premature babies within six months of her conceiving. The death of one of the babies immediately thereafter made the petitioner physically and mentally weaker and hence, she filed application seeking leave from 29.09.2024 upto 09.01.2025. The leave prior to

29.09.2024 was already allowed and the petitioner was under the bona fide impression that the leave sought for the above period would also be allowed by the respondents.

3. However, as per Ext.P14 order, the 1st respondent rejected the extension of leave and now, the respondents are taking steps to cancel the registration of the petitioner disabling her to continue her DNB Course. The action of the respondents is illegal and arbitrary, contends the petitioner.

4. A Statement was filed on behalf of respondents 1 and 2 to the effect that the petitioner was allotted a DNB (Post MBBS) Respiratory Medicine seat at WP(C) No.45798 of 2024 5 Medical Trust Hospital, Ernakulam. The petitioner joined the Institute on 24.02.2022 for a period of three years. The 3rd respondent has submitted a leave application on

06.03.2024 through the Communication Web Portal (CWP) regarding leave requested by the petitioner from 10.02.2024 to 25.03.2024 (45 days). The leave from 10.02.2024 to

25.03.2024 has been approved by the 1st respondent on

19.03.2024. The scheduled date of re-joining after availing said leave was 26.03.2024.

5. The 3rd respondent has submitted a leave application form on 02.04.2024 seeking leave from

26.03.2024 to 09.04.2024 (15 days). The leave from

26.03.2024 to 09.04.2024 has been approved by the 1st respondent on 09.04.2024. The scheduled date of re- joining after availing said leave was 10.04.2024. The 3rd respondent again submitted a leave application on

16.04.2024 for extension of leave from 10.04.2024 to WP(C) No.45798 of 2024 6

02.05.2024 (23 days). The leave from 10.04.2024 to

02.05.2024 was approved by the 1st respondent on

01.05.2024.

6. The 3rd respondent again submitted an application on 08.05.2024 to extend leave from 03.05.2024 to

03.07.2024 (62 days). The leave from 03.05.2024 to

03.07.2024 was approved by the 1st respondent on

01.07.2024. The 3rd respondent again submitted a leave application on 09.07.2024 for extension of leave from

04.07.2024 to 28.09.2024 (87 days), the same was approved by the 1st respondent on 25.07.2024.

7. I have heard the learned counsel for the petitioner, the learned Standing Counsel appearing for respondents 1 and 2 and the learned counsel appearing for the 3rd respondent.

8. The pleadings in the writ petition would indicate that the petitioner was admitted in the Lakshmi WP(C) No.45798 of 2024 7 Hospital frequently for severe bleeding connected with her complicated pregnancy. On 09.07.2024, the petitioner delivered two babies. It is submitted that the petitioner and the two babies had severe infection and the petitioner was admitted in the Intensive Care Unit and the two babies were admitted in the Neonatal Unit. It is submitted that the delivery of the petitioner was premature as it had taken place within 28 weeks and one day. After delivery, the babies had seizures and neonatal jaundice and also respiratory distress. Even before the delivery, the petitioner got infected.

9. In the above circumstances, the petitioner was advised by the Doctors to be admitted in the Hospital for continuous monitoring. The petitioner suffered Preterm premature rupture membrane and hence, the delivery was by caesarean. After delivery of twin babies on 09.07.2024, one of the babies expired on 17.07.2024 and the petitioner continued treatment in the Intensive Care Unit as well. The other WP(C) No.45798 of 2024 8 surviving baby was also under the Intensive Care Unit. It is submitted that the petitioner was discharged only on

19.09.2024 and she was all along frequently admitted to the Intensive Care Unit and the child was also in the Neonatal Care Unit

10. Ext.P3 is the comprehensive Leave Rules for NBEMS trainees. Clause 5(d) of Ext.P3 would indicate that eligible leave of one year shall not be carried forward to the next year or clubbed with the eligible leave of next year to calculate the total period of extension required to be undertaken. The leave remaining unutilized in a year shall lapse on expiry of the year. However, in exceptional circumstances, NBEMS may allow balance leave of one year to be credited against the leave availed in next years of training on a case-to-case basis, to arrive at the period of extension required to be undertaken. WP(C) No.45798 of 2024 9

11. From the medical condition undergone by the petitioner, this Court is sure that the application of the petitioner for leave is liable to be considered as treating it an exceptional case. The Hon’ble High Court of Karnataka at Bengaluru in WP No.8787/2023 has considered a similar case and has granted relief to the petitioner therein. Taking into consideration all the afore facts, the writ petition is disposed of directing that if the petitioner makes an application for leave through the 2nd respondent, the same shall be considered by the 1st respondent taking note of Clause 5(d) of Ext.P3 Comprehensive Leave Rules and take appropriate decision thereon. The 2nd respondent shall give appropriate recommendation / report in this regard. I am sure that taking into consideration the medical condition suffered by the petitioner during her delivery, the 1st respondent will take a lenient view in the matter and grant such days of extension of the course period as is required. To enable the WP(C) No.45798 of 2024 10 1st respondent to pass orders afresh, Ext.P14 is set aside. In the meanwhile, the petitioner shall be permitted to attend classes and if the petitioner submits her thesis, the 2nd respondent shall accept and process the same. Sd/- N.NAGARESH JUDGE WP(C) No.45798 of 2024 11 APPENDIX OF WP(C) 45798/2024 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 TRUE COPY OF THE RELEVANT EXTRACT OF THE MANUAL LAYING DOWN THE LEAVE RULES FOR DNB TRAINEES INCLUDED IN CHAPTER 8 TRUE COPY OF THE NOTICE DATED 08.11.2023 ISSUED BY THE 2ND RESPONDENT TRUE COPY OF THE NOTICE DATED 22.11.2024 ISSUED BY THE 2ND RESPONDENT. TRUE COPY OF THE ORDER NO. NBEMS/DOTM/C&R/31001/24030795/21660664 79 DATED 13.03.2024 ISSUED BY THE 2ND RESPONDENT SANCTIONING LEAVE TO THE PETITIONER TRUE COPY OF THE ORDER NO. NBEMS/DOTM/C&R/31001/24040451/21660664 79 DATED 08.04.2024 ISSUED BY THE 2ND RESPONDENT SANCTIONING LEAVE TO THE PETITIONER TRUE COPY OF THE ORDER NO. NBEMS/DOTM/C&R/31001/24041868/21660664 79 DATED 30.04.2024 ISSUED BY THE 2ND RESPONDENT SANCTIONING LEAVE TO THE PETITIONER TRUE COPY OF THE ORDER NO. NBEMS/DOTM/C&R/31001/24051227/21660664 79 DATED 25.06.2024 ISSUED BY THE 2ND RESPONDENT SANCTIONING LEAVE TO THE PETITIONER WP(C) No.45798 of 2024 12 EXHIBIT P8 EXHIBIT P9 EXHIBIT P10 EXHIBIT P11 EXHIBIT P12 EXHIBIT P13 EXHIBIT P14 COPY TRUE ORDER OF NO.NBEMS/DOTM/C&R/31001/24070900/21660 66479 DATED 22.07.2024 ISSUED BY THE 2ND RESPONDENT SANCTIONING LEAVE TO THE PETITIONER THE TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER DATED 18.07.2024 ISSUED FROM THE LAKSHMI HOSPITAL, DIWAN’S ROAD, ERNAKULAM TRUE COPY OF THE DEATH SUMMARY CERTIFICATE OF THE PETITIONER’S CHILD ISSUED FROM THE LAKSHMI HOSPITAL, DIWAN’S ROAD, ERNAKULAM TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER ISSUED BY THE LAKSHMI HOSPITAL, DIWAN’S ROAD, ERNAKULAM DATED 19.09.2024 TRUE COPY OF THE CERTIFICATE DATED 11.10.2024 ISSUED BY DR. V.C. MANOJ, LAKSHMI HOSPITAL, DIWAN’S ROAD, ERNAKULAM TRUE COPY OF THE MATERNITY LEAVE APPLICATION SUBMITTED BY THE PETITIONER DATED 19.10.2024 TRUE COPY OF THE ORDER DATED 16.12.20204 ISSUED BY THE 2ND RESPONDENT EXHIBIT P15 TRUE COPY OF THE SAID MERCY PETITION DATED 18.12.2024 EXHIBIT P16 TRUE COPY OF THE GRIEVANCE PETITION DATED 12.12.2024