DR VIBHA JAIN Vs. THE DIR NATIONAL BOARD OF EXA
LAWS(DLH)-2007-3-297
HIGH COURT OF DELHI
Decided on March 02,2007

Dr Vibha Jain Appellant
VERSUS
The Dir National Board Of Exa Respondents

JUDGEMENT

- (1.) The efficacy of an oral interview test for assessing and evaluating the capacity and calibre of candidates came up before the Apex Court in the celebrated pronouncement reported Ajay Hasia and Ors. v. Khalid Mujib Sehravardi and Ors. While noticing that an oral interview test is undoubtedly not a very satisfactory test for assessing and evaluating the capacity and calibre of candidates, it was held that in the absence of any better test for measuring personal characteristics and traits, the oral interview test, must, at the present stage, be regarded as not irrational or irrelevant.
(2.) It is such a criterion which has been challenged by the petitioner in the present writ petition wherein the following prayers have been made by the petitioner: (a) issue any appropriate writ or direction quashing provision contained in sub-clause (d) of Clause 6.7 and Clause 6.16 of Bulletin of Information and Application Form for Diplomate of National Board Final Examination for the year July/October, 2000 published by the National Board of Examinations (Respondent No. 1) as ultra-vires violating Articles 14 and 19(1)(a) of the Constitution of India; and/or (b) issue any appropriate writ or direction quashing provision contained in sub-clause (c) of Clause 6.7 of Bulletin of Information and Application Form for Diplomate of National Board Final Examination for the year July/October, 2000 published by the National Board of Examinations (Respondent No. 1) as ultra-vires violating Article 14 of the Constitution of India; and/or (c) issue any appropriate writ or direction declaring the petitioner successful in the examination held by the National Board of Examination for the year July/October, 2000 on the basis of marks obtained in the theory examination; and/or (d) issue any appropriate writ or direction declaring the petitioner successful in the examination held by the National Board of Examination for the year July/October, 2000 on the basis of combined marks obtained in the theory and practical examination; and/or (e) issue any appropriate writ or direction commanding the respondent No. 1 namely the National Board of Examination to disclose the marks obtained by the petitioner in both theory, thesis and practical examinations for the academic year April, 1999, June, 1999, December, 1999, April, 2000, July, 2000, November, 2000 in which she has appeared.
(3.) The petitioner has contended that prior to the year 1975, the proficiency and standard of medical education at the post-graduate level was laid down by the Medical Council of India. However since the examinations used to be conducted by different universities and institutions, therefore the standard of evaluation used to vary from university to university. Accordingly, it is with a view to improve the quality of higher medical education uniformly throughout the country that the respondent No. 1 was established.;


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