Case Note & Summary
The judgment concerns a batch of nine writ petitions filed by doctors challenging a communication dated 14 June 2011 issued by the National Board of Examination (NBE). The communication held that the petitioners could not be considered for registration as DNB trainees for the session commencing from July 2010 in the specialties of Radiology, ENT, and Paediatrics. The petitioners had applied for DNB training and were initially granted provisional registration. However, the NBE later issued the impugned communication denying registration without any prior notice or opportunity of hearing. The court considered whether the communication was arbitrary and violative of principles of natural justice. The court held that the communication was arbitrary and violative of principles of natural justice as it adversely affected the petitioners' rights without affording them a hearing. The court allowed the petitions and quashed the communication dated 14 June 2011, directing the NBE to consider the petitioners' cases afresh after giving them an opportunity of hearing.
Headnote
A) Administrative Law - Principles of Natural Justice - Denial of Registration - Communication dated 14 June 2011 by National Board of Examination (NBE) - Petitioners were doctors who had applied for DNB training and were initially granted provisional registration; later NBE issued communication denying registration without prior notice or opportunity of hearing - Held that the communication was arbitrary and violative of principles of natural justice as it adversely affected the petitioners' rights without affording them a hearing (Paras 2-5).
Issue of Consideration
Whether the communication dated 14 June 2011 issued by the National Board of Examination denying registration to the petitioners as DNB trainees for the July 2010 session was arbitrary and violative of principles of natural justice.
Final Decision
The court allowed the petitions and quashed the communication dated 14 June 2011, directing the National Board of Examination to consider the petitioners' cases afresh after giving them an opportunity of hearing.
Law Points
- Principles of natural justice
- Arbitrariness
- Legitimate expectation
- Right to hearing
- Administrative law
