- (1.) Aligarh Muslim University (hereinafter referred to as the 'University') invited applications for admission to M.Ch. (Plastic and Reconstructive Surgery), a three-year course for Academic Session 2015-16. Along with the advertisement, the University also published a Guide to Admissions (Supplement-M) of 2015-16 for the aforesaid course along with other related courses. A copy of the same is filed as Annexure-2. The said guide contains detailed information about qualifications, manner and procedure to be adopted for applying and for selection. For the aforesaid M.Ch. course, duration was of three years and sanctioned intake was four. The qualifying examination as provided in the guide for the said course of M.Ch. was 'M.S. (General Surgery) from an institution recognized by the Medical Council of India'.
(2.) Last date for receipt of applications was 20.04.2015 and written test was schedule for 21.06.2015. The two petitioners of Writ Petition No. 42695 of 2015 had obtained from the National Board of Examinations a certificate of passing Diplomate of National Board in the discipline of General Surgery in June, 2014. The aforesaid certificate in short is referred as DNB. The certificate issued by National Board of Examinations to both petitioners are filed as Annexure-1.
(3.) According to the petitioners, DNB degree in the discipline of General Surgery is an equivalent degree to M.S. (General Surgery). It is also their case that DNB degree issued by National Board of Examinations is duly recognized by the Medical Council of India. In support of the same, the petitioners of Writ Petition No. 42695 of 2015 have annexed as Annexure-8 a notification dated 20.02.2009 by Ministry of Health and Family Welfare published in the Gazette of India of even date. By the said notification a note has been added to the first schedule of the Indian Medical Council Act, 1956 which reads as follows:- "Note :- 1.The Diplomate National Board (DNB), qualifications included in this Schedule shall be treated as equivalent to M.D., M.S., D.M. and M.Ch. qualifications of the respective speciality or super speciality, as the case may be, for all purposes including appointment to the teaching posts in the medical institutions. 2. The teaching experience gained while pursuing DNB courses shall be treated as teaching experience for appointment to the teaching posts in the medical institutions.";