Sabyasachi Bhattacharyya,J. - (1.) The petitioner claims to be an association of Diplomat of National Board (DNB) qualified Doctors. It is alleged that the members of the petitioner- association were relocated from their parent Hospitals while undergoing the course of Postgraduate Training, pursuing their DNB courses from the respondent no.2-Hospital. During the pandemic, the members of the petitioner-association were relocated to different Hospitals.
(2.) Learned counsel for the petitioner relies on the Guidelines for Competency Based Training Programme in DNB - Obstetrics and Gynecology issued by the National Board of Examinations (respondent no.3 herein). Under Clause 5 of the said Guidelines for Accredited Hospitals, provisions are made regarding rotational postings of DNB trainees. As per Clause 5.1, such trainees can be rotated outside the applicant Hospital as per Guidelines detailed thereunder. Under the column 'Nature of Rotation' in Clause 5.1, the relevant entry pertains to externship on mutual exchange basis, subject to mutual agreement between the trainees and the institute. The purpose/reason given for such externship is that a DNB trainee may be rotated to a NBE accredited department of another Hospital by mutual exchange between the accredited Hospital/Institution. Under the column 'Tentative Period of rotation', the maximum period for such externship has been stipulated as three months in a three years training programme and two months in a two years training programme.
(3.) Clause 5.2 of the Guidelines provides that the externship of DNB trainees is not automatic. Prior approval of National Board of Examinations is mandatory.;