Supreme Court Allows A Female Candidate Who Took 308 Days' Maternity Leave During DNB Residency Training To Take Theory Examination

The bench of Justices D. Y. Chandrachud and A. S. Bopanna noted that Clause 6 of Circular of January 18 of the National Board of Examinations clearly stipulates that the extension of training on account of Covid-19 duties by a period of three months was under special circumstances and would not interfere with the eligibility of the candidates to appear in their respective exit examinations as the cut-off dates for the purpose of eligibility would also stand modified accordingly.

The bench recorded the submissions on behalf of the petitioner that she has completed her three year mandatory residency training for DNB in Obstetrics and Gynaecology even taking into account the maternity leave she has availed.

"The petitioner took a total of 308 days leave from her course during the maternity leave; After excluding the period of 90 days, which is available, the petitioner had a shortfall of 218 days; Since the petitioner would have completed 3 years 8 months and 13 days of DNB tenure by the cut-off date of 30 June 2022, even excluding the extra leave, she has clearly fulfilled the requirement of a three year duration", noted the bench.

Issuing notice on the writ petition, the bench ordered, "In the meantime, we direct that the application of the petitioner for the ensuing theory examination to be held in December 2021 shall be accepted by the National Board of Examinations without this creating any right or equity in favour of the petitioner."

Case Title: DIVYA VENUGOPALAN v. THE NATIONAL BOARD OF EXAMINATIONS & ORS